Best Advice from Specialists

Do you have a motor accident damages claim (non-minor injury) and you have been self-represented up until the present time?

After 78 weeks from the date of your accident, you can settle your damages claim with the CTP Insurer.

If the CTP Insurer has agreed you are eligible for compensation for your injury, and pain and suffering, then you will receive an offer of settlement for those injuries in addition to any claim you may have for past loss of earnings and future loss of earnings.

If you are not eligible to receive compensation for your injury, then your damages claim will be restricted to compensation for past and future loss of earnings.

If you are self-represented then when you receive the offer of settlement from the CTP Insurer, and you decide to accept the offer, then you should be made aware of the provisions of Section 6.23 of the Motor Accidents Injuries Act 2017 (NSW).

This section provides that a claim for damages by an injured person cannot be settled within two (2) years after the motor accident (unless you are entitled to additional compensation for injury). Furthermore, the claim for damages cannot be settled unless the following occurs:-

a. The Claimant is represented in respect of the claim by an Australian legal practitioner, or

b. The proposed settlement is approved by the Dispute Resolution Service (DRS).

Furthermore, the DRS is not to approve the settlement of the claim unless satisfied the settlement complied with any applicable requirements of or made under this Act or the Motor Accidents Guidelines.

It is suffice to say you should seek advice from a specialist accredited personal injury lawyer before accepting settlement of your damages claim.

At BPC Lawyers, we have accredited personal injury specialists who will advise you as to whether or not the offer of settlement from the CTP Insurer is reasonable and should be accepted by you.

If we are of the opinion the offer should not be accepted by you, then we can assist you in further preparation of your claim for damages to achieve the appropriate amount of compensation.

Have you been injured in a hit and run accident?

Have you been injured in a motor vehicle accident since 1 December 2017?

If so, your claim is governed by the provisions of the Motor Accident Injuries Act (NSW) 2017.

After you have lodged your Application for Personal Injury Benefits with the Nominal Defendant, you will receive a letter from one of the CTP Insurers, who will be acting on behalf of the Nominal Defendant and in this letter they will require you to undertake a series of attempts to identify the vehicle you consider at fault.

This is known as “due enquiry and search”.

Some of the tasks the Insurer will require you to undertake are as follows:-

a. Posting an advert in your local newspaper asking for details of the driver or any potential witnesses to your accident.

b. Asking local businesses if they have CCTV footage of the accident (if your accident occurred outside a business).

c. Attending homes near the scene of the accident to see if there are any witnesses.

d. Posting on community social media page(s) asking for witnesses to come forward.

After you have undertaken these steps, you will need to provide the Insurer with details of the steps you have taken to identify the vehicle, any information you have obtained and copies of any online and/or newspaper advertisements forming part of your enquiries.

The Insurer may also require you to provide them with further documentation.

You will be well advised to seek help from a Personal Injury Specialist Lawyer if you have been injured in a hit and run accident.