What benefits can potentially be claimed following a motorcycle accident?
Under the Motor Accident Injuries Act 2017, an injured motorist, including an injured motorcyclist, can make a claim for benefits from the insurer for the injuries which they have sustained and the impact of those injuries on their ability to work and lead a normal life.
However, the Motor Accident Injuries Act 2017, imposed upon us by the current New South Wales Liberal Government, provides for the most restrictive and limited compensation scheme for motor accident victims ever enacted in New South Wales.
The only purpose of the scheme that we can conceive of, is to unjustly enrich insurance companies at the expense of the injured motorist. The relevant Minister has gone to great lengths to explain to us how the new scheme has resulted in greater efficiencies and a significant reduction in CTP premiums. How the Minister believes that this is some great achievement is difficult to comprehend given that such an outcome will always be derived when you severely curtail the number of claims that can be bought by injured motorists, but also the value of those claims.
In any event, an injured motorist and motorcyclist, can claim benefits under the current scheme which includes:
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Wages for periods of absence from work. Unfortunately, the statutory benefits provide that only a portion of the wages are to be paid with the balance retained by the insurer as some sort of excess.
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Reasonable and necessary medical expenses related to the treatment of the injuries.
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Lump sum compensation if it can be established that the injuries have resulted in a whole person impairment of greater than 10%.
If the injury is not a “minor injury”, as defined under the legislation and regulations, the injured motorist or motorcyclist is entitled to prosecute a common law claim against the insurer for the vehicle responsible for the accident. Common law claims will not be available to injured motorists or motorcyclists unless they can establish that another party was wholly or mainly responsible for the accident.
The only heads of damage available to the injured motorist or motorcyclist in a common law action relate to any economic loss suffered either in the past, or likely to be suffered in the future. There is no claim available for the capitalisation of the costs of future medical treatment expenses. There is no compensation available for the gratuitous care that may be provided by family or friends to the injured motorist or motorcyclist. Again, these are elements of the new scheme introduced by the NSW Liberal Government to reduce the liability of insurers to pay proper compensation to motor accident victims.
Brydens Lawyers are the experts in the prosecution of all motor accident claims. If you or someone that you know has been injured in a motor accident then contact Brydens Lawyers today for a risk free, no-obligation assessment of the claim. Strict time limits apply so contact Brydens Lawyers today on 1800 848 848 or at brydens.com.au. Brydens Lawyers – #WEDO motor accident claims.