Motor Vehicle Accident Claims

A “motor accident” can include collisions between cars, buses or motorcycles but may also apply to injuries arising from incidents involving forklifts, trains, or similar.

Generally, anyone injured as a result of a motor accident is entitled to claim for their injuries. However, to bring a claim it is necessary to establish that the injury arose as a result of the negligence or breach of duty of care by the owner or driver of the vehicle involved. There are also special considerations in the legislation for children and for “blameless accidents”. In these cases you will need legal advice to determine whether or not you can claim.

Are you eligible to make a claim?

Each motor vehicle case is different, and the eligibility to make a claim is determined by a number of factors. If you are injured in a motor vehicle accident it is best to contact us to see if you are eligible for a claim for damages, wage loss and loss of superannuation.

When should you consult a lawyer about making a claim?

Under the Motor Accident Scheme in New South Wales you are entitled to bring a claim for compensation for injuries sustained as against the CTP insurer for the vehicle at fault.

Strict time limits apply with respect to the lodging of a claim following your involvement in a motor vehicle accident. These time limits are as follows:

The accident must be reported to NSW police within 28 days of having occurred.

A personal injury claim form must be lodged with the CTP insurer for the vehicle at fault for the accident within six months of the accident.

Proceedings must be commenced within three years of the date of the accident otherwise the claim could be statute barred.

Making a motor accident claim can be a difficult and complex process, However it need not be. Gergis Solicitors can assist to simplify the process for you and achieve the best outcome so you can adequately move on with your life . We are experts in handling and litigating compensation matters to ensure that your claim results in you receiving the maximum compensation to which you are entitled and the best possible outcome

At Gergis Solicitors we have over 25 years experience in Personal Injury claims and litigation to ensure our clients receive the compensation to which they are entitled. We conduct our personal injuries matters on the basis of ‘No Win – No Fee”, policy which, simply put, provides that if a personal injury or compensation client is unsuccessful in their claim then we 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.