Common Legal Questions

Question of the Week – Compensation for Motorcycle Accident

Bayden asks:

My Dad was riding his motorcycle recently and a car pulled out in front of him, causing him to T- bone the car resulting in a broken wrist. He needed surgery that day and had screws and plates put in his arm. He is a painter by trade so it’s a blow now he can’t use his arm. The police attended the accident. My question is, can he make a claim against the driver as he now can’t work for a while.

Brydens Lawyers’ answer:

There is little doubt on the information provided that your father would be entitled to prosecute a claim for the injuries he sustained in his motor accident.  However much depends on the date the accident occurred. On 1 December 2017 the NSW government introduced the Motor Accidents Injuries Act. This legislation appears to have been written entirely by insurers for the benefit of insurers. The amount of compensation available for the injuries as sustained by your father under the new legislation is severely limited compared to what was available to him if the accident occurred prior to 1 December 2017. There are strict time limits that apply to the making of claims for compensation following a motor vehicle accident. Accordingly, we would invite you to contact Brydens Lawyers as soon as possible to speak with one of our experts for the purpose of ensuring that your father’s rights are preserved and that we recover from him the compensation to which he is entitled.

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