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Public transport injuries

Public transport injuries

It is indeed regrettable that on occasion, following a motor vehicle accident, the party responsible will leave the scene. This is in itself a criminal offence. There is a positive obligation on the parties involved in a motor vehicle accident to stop and render assistance as required. It is also an obligation that particulars are exchanged as between the drivers of the vehicles involved in the accident.

ARE YOU ELIGIBLE
TO MAKE A CLAIM?

Under the motor accident scheme there is a provision for the making of a claim as against the Nominal Defendant. The Nominal Defendant is an arm of the State Insurance Regulatory Authority which defends claims brought by persons who are injured in accidents where the identity of the driver or owner of the vehicle cannot be ascertained after due enquiry and search. This would of course include hit and run vehicles.

In order to prosecute such a claim it is still necessary to establish that the driver of the vehicle responsible for the hit and run accident was “negligent”. That is, it is not the running in itself which establishes a liability on the part of the driver of the vehicle but rather it is the reasons that the accident occurred. It is still necessary to prove that the driver of the vehicle was at fault for the accident and not simply ran from the scene after the accident.

WHAT ARE YOU
ABLE TO CLAIM?

Under the motor accident scheme you are entitled to claim damages for:

With respect to motor vehicle accidents that occurred before 1 December 2017:

  • Non-economic loss damages for pain and suffering if it can be established that the injuries have resulted in a whole person impairment of greater than 10{cf72589c1a666166dc3c274d7029d0dfac747a89d4f9a5f2fba23817b039a248}
  • Past and future economic loss
  • Medical expenses for the past and future
  • Past and future gratuitous care or commercial assistance requirements as a result of the injuries
  • Loss of superannuation benefits commensurate with the economic loss claims
  • House or vehicle modifications required as a result of the injuries or continuing disabilities
  • Allowance for legal cost
  • In the event that the accident occurred on or after 1 December 2017 then it is open to you to claim:
  • Payment of medical expenses as and when incurred
  • Economic loss
  • Home and vehicle modifications if required by reason of the injuries and continuing disabilities
  • Non economic loss damages for pain and suffering if the injuries result in a whole person impairment of greater than 10
  • Loss of superannuation benefits commensurate with the economic claim
  • An allowance for legal costs in certain circumstances.

WHEN SHOULD YOU CONSULT A LAWYER ABOUT MAKING A CLAIM?

Strict time limits apply with respect to the making of a claim as against the Nominal Defendant for injuries sustained in a hit and run accident. Firstly, the accident must be reported in writing to the police within 28 days. A claim form must be lodged as soon as possible following the accident and no later than 6 months after the accident if the accident occurred prior to 1 December 2017. If the accident occurred on or after 1 December 2017 then there is only 3 months available in which to lodge a claim form with the Nominal Defendant.

WHAT IS YOUR
NEXT STEP?

Once those who have been injured have been provided with proper medical treatment Brydens Lawyers should be consulted for the purpose of determining whether any claim is available for compensation for the injury sustained.

WHY ARE BRYDEN’S LAWYERS THE RIGHT REPRESENTATION FOR YOU?

Brydens Lawyers have for over 40 years been prosecuting personal injury claims on behalf of persons injured in motor vehicle accidents to ensure that they receive the compensation to which they are entitled.

Contact Brydens Lawyers today for a free no obligation consultation on 1800 848 848 or at info@brydens.com.au

For over 40 years now Brydens Lawyers has been operating a ‘No Win – No Fee”, policy which, simply put, provides that if a personal injury or compensation client is unsuccessful in their claim then Brydens Lawyers will not raise a tax invoice for having acted on behalf of the client. That is, if the claim is unsuccessful we do not get paid. More information about how this works can be found on our No Win – No Fee page.

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