The ABC of Motor Vehicle Accident Claims in NSW

Date: Jun 30, 2014
Document Type: Article

If you have been seriously injured in a motor vehicle accident in NSW due to the fault of a motor vehicle driver you may be able to claim fair and just compensation under the Compulsory Third Party (CTP) Scheme, pursuant to the Motor Accidents Compensation Act (NSW) 1999.

How do I make a claim?

1.       If the Police do not attend the accident you must attend your nearest Police Station within twenty eight (28) days of the accident and report the accident.

2.       You must notify the insurer of the driver at fault by lodging a Motor Accidents Authority claim form with the insurer within six (6) months of the date of the accident.

3.       When the insurer has been given notice of your claim, it is required to inform you as quickly as possible whether it admits or denies liability for your claim. If the insurer admits liability, it will commence paying your reasonable medical and rehabilitation expenses incurred as a result of the accident.

4.       You are required to participate in a settlement Conference with the insurer.

5.       If your claim does not settle, and before you can commence court proceedings, you must refer your claim to the Claims Assessment & Resolution Service (CARS) for assessment and determination.

6.       You may receive a Certificate from a CARS Assessor stating that your claim is excluded from assessment, as it is…

(a) too complex,
(b) you are a minor,
(c) liability has been wholly denied, or
(d) it is alleged you are contributorily negligent.

7.       If your claim proceeds to a CARS assessment and you are not satisfied with the CARS Assessor’s determination, you can commence court proceedings, provided you believe that you can better the Assessor’s determination by at least 25%.

8.       You have three (3) years to commence court proceedings from the date of the accident.  However, the three (3) year period does not include the period of time elapsed while your CARS application is being determined.

IMPORTANT: If you believe you have a genuine compensation claim, feel free to contact us on (02) 8268 4000 when one of our lawyers will give you advice on whether you have a claim for compensation; how to make a claim for compensation if you have one,  and how much compensation you might reasonably receive.

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