Being involved in a motor vehicle accident can be stressful and frightening, but as RMB Lawyers Compensation Division head CHRIS SHEPPARD explains, it is important to act quickly to claim the compensation you may be entitled to:
If you are injured in a motor vehicle accident, you will be concerned about the cost of medical treatment and loss of wages due to being unable to work due to your injuries.
In NSW you are entitled to make a claim for those losses.
If the accident was your fault, you are entitled to lodge a claim on the Green Slip insurer of your car. You will then be entitled to:
- weekly benefits
- treatment and medical expenses.
These entitlements last for up to 12 months.
If the accident was not your fault, you should lodge a claim on the Green Slip insurer of the vehicle which was at fault. You will be entitled to compensation for weekly benefits and treatment expenses. How long you receive those benefits depends on the severity of your injury and your fitness for work.
In addition, if your injuries are not considered to be minor, you may be entitled to common law damages, paid as a tax-free lump sum. You can claim damages for:
- pain and suffering of up to $620,000
- your total loss of earnings from the date of the accident until your claim is settled
- loss of superannuation on your past wage loss
- future loss of earnings until 67 years of age
- superannuation on your future loss of earnings
- reimbursement of the tax you pay on your weekly benefits
- transport assistance, if required.
There are some strict time limits that apply to making a claim. To ensure that you receive benefits for loss of earnings from the date of the accident, it is important that the right claim form is lodged on the Green Slip insurer within 28 days. The accident also needs to be reported to police.
The amount you can receive for a car accident is determined by the facts of your case and the losses you have incurred. Every case is different.
That is why it is important that you seek early advice and assistance from one of RMB Lawyers expert compensation lawyers. Our lawyers can ensure that all of the necessary procedural steps are taken and that the value of your claim is maximised.
You can contact our office by phone on Freecall 1800 681 211 for a consultation, or use our 'Ask a Question' tool on our website.