Motor Vehicle Accidents CU - Paul Alvaro Lawyers

Eligibility for motor accident compensation

Provided the physical or psychological injury sustained by you in the accident has been caused by the negligence (or fault) of a driver of, or a passenger in, a motor vehicle (not being yourself), you may be entitled to claim damages relating to various types of losses, subject to certain eligibility requirements and thresholds being satisfied.

There are exceptions to the fault based principle in relation to catastrophic injury and injury to minors. We can provide further details, if applicable, when we meet to discuss your claim.

Factors limiting claims and reducing compensation

Various factors may limit your claim for damages, the most common being:

The fact that you were partly at fault in relation to the accident.
The failure to wear a seatbelt or helmet, as applicable.
Intoxication by way of drugs or alcohol.
Relying on the care and skill of a driver whom you were aware, or ought to have been aware, was under the influence of drugs or alcohol.

Lodging a claim for compensation

If you have been injured in a motor vehicle accident that was not your fault, then you need to lodge a claim with your CTP Insurer within 6 months of the accident. You will need to complete an Injury Claim Form and submit it to your insurer. If you are unsure how to complete the form, please contact our office for assistance.

If you have not yet contacted your CTP Insurer we can initiate the claim on your behalf by notifying the Insurer that you are legally represented and that you have instructed us to make a claim for compensation.

If you have already dealt directly with the CTP insurer before seeking legal advice and we accept instructions to represent you, we will notify the insurer that you are legally represented and all contact between the CTP Insurer and yourself will cease and we will assume the conduct of your claim.

Time limits for lodging claims

You are required to lodge a claim with your CTP Insurer within 6 months of the motor vehicle accident. If you are over 18 years, you have 3 years from the date of the collision to settle a claim with your CTP Insurer. If the claim fails to settle within this period, court proceedings must be filed before the 3-year anniversary of the collision. This is known as the “statute barred date”.

If you are late filing proceedings you will not be able to claim compensation without making an application to the court which may, in certain circumstances, grant an extension of time.

If you are under 18 years at the time of the accident, you have 3 years from the date of your 18th birthday to issue court proceedings in relation to your claim, however, your parent or guardian can instruct solicitors to bring a claim for compensation on your behalf any time before this date. Much depend on the nature and long term consequences of your injuries.

Assessing compensation

Compensation is assessed with reference to the evidence supporting your claim. Therefore, in the initial stages of a claim, time is taken to collect the evidence required. This includes obtaining a report from the general practitioner who treated you for your injuries and, depending on the seriousness of the injuries, obtaining hospital records and specialist reports.

Copies of medical reports are forwarded to your CTP Insurer, which is also entitled to arrange for you to attend independent medical examinations to obtain further medical reports.

Your general practitioner and the medical specialists will provide opinions on the nature of your injuries, whether your condition has stabilised and is capable of final assessment, and whether you have been left with permanent disabilities which may affect your work and/or domestic capacity.

It is not advisable to settle a claim when the full consequences of your injuries are not yet known.

If you have sustained financial loss, we will obtain copies of your taxation records, pay advices, sick certificates and other information from your employer. In some cases, we may also need to obtain a forensic report from an accountant to assist in quantifying your financial loss.

Timeframe for settling a claim

This depends on how long it takes for your injuries to stabilise to the point where it is possible to assess the loss flowing from the injuries and any residual disabilities. Only when your injuries have stabilised is it possible to assess your future medical treatment needs, any future domestic services which may be required and future economic loss arising from a reduced earning capacity.

If your injuries are not serious, it would be reasonable to expect that your claim will resolve within 12-24 months.

If liability is in issue the finalisation of your claim may be further delayed. Liability becomes an issue when your CTP Insurer does not accept that the insured party – usually another driver – was at fault for the collision. In such cases we will investigate the circumstances of the collision by inspecting the scene, interviewing witnesses, obtaining information regarding the damage to the motor vehicles, and if necessary, obtaining a report from an accident reconstruction expert. Your CTP Insurer may undertake similar investigations.

How much will my claim cost?

We will provide an estimate of fees prior to the commencement of your matter. Upon the successful conclusion of your claim we will seek to recover our fees from your settlement proceeds.

Your CTP Insurer may be obliged to pay a contribution towards your legal fees. This will largely depend on the magnitude of your claim and can be as much as 70% of your legal fees. The balance is paid from your settlement proceeds.