TOTAL AND PERMANENT DISABILITY CLAIMS

MOTOR VEHICLE ACCIDENTS

“Recovering from injuries after an accident is a stressful time. The last thing an injured person needs is to deal with the stress of trying to get fair compensation out of an insurer. That’s where we come in. We see it as our role not only to give our clients advice but also to take the stress out of the claim so they can focus on getting better.”

– Andrew McQuilkin, Senior Lawyer

If you have been injured in a motor vehicle accident there is a really good chance that you are entitled to compensation from an insurer. You see, the NSW Government has put in place a compensation system for people injured in accidents where a motor vehicle is involved. This is often known as Greenslip or CTP insurance. You may even be covered if the vehicle involved doesn’t have insurance under the “Nominal Defendant” scheme. A “motor vehicle accident” includes accidents, which involve:

  • Cars
  • Motorcycles
  • Trucks
  • Forklifts
  • Street Sweepers
  • Construction and Earth Moving Vehicles

As the motor accident compensation system was designed by the Government, it has many complex rules and regulations. It is primarily fault-based, which means you have to prove that the driver of a vehicle involved was at fault in causing the accident. However, arguments about who was at fault are complex and even if you think you are at fault you may not be under the law of negligence. The system even provides for compensation for some people who were injured when they caused the accident or when no one is at fault. You may even be covered if you are a family member of someone killed in a motor vehicle accident or have suffered a psychological injury as a result of a family member being injured or killed. You should always speak to a lawyer to find out if you are covered.

To ensure that your claim for compensation goes smoothly you should do the following as soon as possible:

  • Speak to one of our lawyers.
  • Report the accident to the Police within 28 days.
  • Lodge an Accident Notification Form with the insurer of the vehicle you consider to be at fault within 28 days.
  • Lodge a Claim Form with the insurer of the vehicle at fault within 6 months.
  • Commence Court proceedings within 3 years.

The types of compensation you can claim as a result of a motor vehicle accident include:

  • General Damages (pain and suffering) up to $521,000.
  • Loss of earnings up to $4,777 per week.
  • Loss of superannuation contributions.
  • Medical expenses.
  • The cost of family members, friends or professionals assisting you with your domestic and care needs.

 

CASE STUDIES


Mike’s Story:

Mike was in his 50s and was driving a truck when his vehicle was hit by another truck. Walter did not sustain any physical injuries and was not at fault in the accident. However, the driver of the other truck was badly injured and Mike tried to help him. Unfortunately, the other driver died at the scene. Mike went onto develop psychological injuries, including Post Traumatic Stress Disorder and Major Depressive Disorder.

Mike instructed Schofield King Lawyers. We successfully brought a claim on his behalf and he was awarded:

General Damages: $275,000
Loss of earnings: $513,789
Medical Expenses: $136,968
Care: $321,266
Total $1,247,023 (plus costs)


Jack’s Story:

Jack was injured when he was struck by the towbar of a motor vehicle whilst it was being reversed. He sustained a fractured left knee and a psychological injury. The Insurer admitted liability but alleged that any compensation that Joe was entitled to should be reduced by 50% because he did not take care for his own safety.

Jack instructed Schofields King Lawyers. We successfully brought a claim on his behalf and he was awarded:

General Damages: $300,000
Loss of earnings: $256,536
Medical Expenses: $62,644
Care: $220,042
Total $953,242 (plus costs)

We successfully argued that the insurers reduced of 50% due to Jack not taking care for his safety was wrong.


Mohammad’s Story:

Mohammad was injured a few days before he turned 42. He was driving home from work when he was involved in a head on collision with a car, which was driving in the wrong direction. He sustained multiple injuries, however, he was only in the hospital for 24 hours before being discharged.

Mohammad instructed Schofields King Lawyers and we successful brought a claim on his behalf and he was awarded:

General Damages: $250,000
Loss of earnings: $974,170
Medical Expenses: $169,545
Care: $432,758
Total $1,826,473 (plus costs)

Let us find out how much you might be entitled to. We are frequently successful, even in claims in which the insurer denies liability. By getting us on your team early we can ensure that the right evidence is obtained so that you get fair compensation.

By engaging Schofield King Lawyers, you are often able to get your claim paid out quickly and without a fight from the insurer. However, the fact is that insurance companies reject many of the claims that they should be paying. That’s why we’re here: to help you get what’s yours — to make insurance pay. We offer ‘No Win, No Fee’ and fixed fee costing arrangements. For more about our Cost Promise, click here.

If you feel you may have a Motor Accident compensation claim, or you just want to make sure you’re not missing out on something you may be entitled to, please contact us for a no obligation consultation.

What can you expect from Schofield King Lawyers?

To get the ball rolling, we will help you complete all the necessary forms and ensure that any other procedural matters have been complied with, such as, reporting the accident to the police. We will liaise with your doctors to find out what treatment you need. We will gather all the necessary evidence to support your claim for fair compensation (including witness statements, expert reports, medical reports, etc.). We will advise you of what you could reasonably expect to get if your matter was determined by a Judge and discuss what offer(s) should be put to the insurer to try and settle your claim.

We then make submissions to the insurer and try and settle your claim directly with them. If the insurer won’t play ball then we will seek your instructions to commence proceedings to make them to pay.

Let us do our best to make insurance pay.

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