Liability and motor vehicle accident claims
Knowledge Jonathan Coyle Published 08 September 2022 Edited 09 September 2022
Liability and motor vehicle accident claims
Knowledge Jonathan Coyle Published 08 September 2022 Edited 09 September 2022
In New South Wales the motor vehicle legislation is a mix of statutory benefits and common law damages. Under the scheme even if you are at fault and cause the motor vehicle accident, you can still claim compensation for six months only.
The assessment of fault depends upon the circumstances of each motor vehicle accident.
If you are wholly or mostly at fault or payments will cease after six months. "Mostly fault" is defined to mean that contributory negligence of a person is 61% or more. For example if a vehicle collides into the rear of your vehicle you will not be found to be at fault. If a driver who is not at fault fails to wear a seatbelt and is involved in a collision, that driver can expect an allegation of at least 20% contributory negligence to made by the insurer. The amount of contributory negligence will see your damages reduced by the percentage of negligence. As an example if you receive $100,000 in damages and you are 20% contributory negligence, you will receive $80,000 damages.
Q: What happens if you are injured through no fault of your own when a kangaroo jumped in front of your vehicle? A driver of another vehicle has an epileptic seizure who has been taking his medication and causes the collision? That driver is not at fault if the seizure came without warning. If there is a mechanical failure in your car that causes the collision can you still make a claim?
If these are the circumstances of your accident then you still may be covered on the basis of your accident is "blameless". You can claim benefits under the motor accident legislation for up to a period of two years if you remain incapacitated for employment.
We recommend after any motor vehicle accident you do not make any admissions of fault. These admissions will be used against you in a property damage claim and/or a personal injury claim.
Please contact our specialist motor vehicle accident lawyers at Longton Legal.
*Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice beforetaking any course of action.*
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