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.

Motor Vehicle Accidents Client Testimonials

  • I had a brief encounter with Schofield King Lawyers when my partner was a client of theirs. They had done such a great job in dealing with his matter that when time came for my own motor vehicle accident claim, I only saw fit to use them. Legal matters can be very confusing and Schofield King Lawyers understand that, they explain the matter thoroughly so you aren’t left with any hidden costs at the end. I was provided with obligation free legal advice and continuous support throughout my proceedings. I have been very happy with the  friendly service and professional manner in which Schofield King Lawyers dealt with both my partner’s and my own case that I have now used them a few times with other legal matters. I would highly recommend Schofield King lawyers to anyone who is looking for quick and low cost legal service.

    Zara Naem
  • I was in a car accident, seeking compensation from injuries. Thanks to Schofield King Lawyers, I was very successful in the outcome! They satisfied all needs during the process. David King and his fellow associates were outstanding in the effort David put towards our case! His friendliness and comfort created a delightful environment through the process! I would 100% recommend Schofield King Lawyers. I have already recommended a few clients to David, and will continue to do so! After past experience with lawyers, I have come to realise, David puts the client’s needs first!

    Mouhamad
  • I was injured in a taxi accident which resulted in spinal injury and eventually surgery. I found that when you are really in need there is someone to help you, even though it took time and lots of input from me, my lawyer worked very hard to bring justice to me. Without his effort and knowledge, I would be having extreme difficulty surviving now. What I liked about working with Schofield King Lawyers was the honesty and ease my lawyer worked with. He made all the hard questions seem simple without making me feel foolish. I would absolutely recommend Schofield King because of the work they did and the result. They achieved our goal.

    Lou
  • I was in a Motor vehicle accident. Thanks to Schofield King Lawyers I had a quick and successful outcome. I appreciated the professionalism SK Legal demonstrated and how dedicated their team is. I would definitely recommend them to other people needing legal assistance. I have already referred my friends.

    Mushtaq
  • This was my first accident ever and David King was very friendly and professional, he helped me all the way through to finalise my case in the quickest and most effective way possible.

    Alessandro Manni
  • I would absolutely recommend Schofield King Lawyers for their hard work, integrity and transference. I had a motor accident and have got hope from them and eventually Schofield King Lawyers made that successful for me and established my right which is really appreciating. I specially would like to thank David and Joanne who worked hard for saving my life.

    MdMahbubur
  • There is really nothing to say. The proof was in their work. OUTSTANDING.

    Nicholas
  • I had a motorcycle accident on my way to work. Thankfully Dave King and his team relieved any stress I would of had with their extreme professionalism, advice and timely actions. The outcome was amazing. Without Schofield King's advice and services I would of possibly had to pay money. Thankfully their lawyers let me know what I was entitled to and how make the insurance companies pay!

    Josh

In the circumstance where you are losing wages or alternatively losing money from a business because of the injuries sustained in the motor accident then you may be eligible to claim for economic loss. Economic loss is payable in a lump sum at the conclusion of the matter as is pain and suffering and that entitlement can be assessed as the matter progresses. Economic loss is still payable regardless of whether you are over the threshold for pain and suffering and we will consider what documents we require from you in order to prove your entitlement to economic loss. We confirm that the economic loss or wage claim is payable for past loss as well as any possible loss assessed in the future.

Medical expenses reasonably related to the accident are payable for the past as well as into the future. We note that in order to determine what future medical expenses may be required we will arrange for you to be seen by a specialist who can provide an opinion as to those future expenses including the costs associated with any proposed surgery, rehabilitation, medication and other types of treatment. Once again the medical expenses apart from those paid on an ongoing basis by the insurer up to the date of hearing is payable in a lump sum at the conclusion of the matter for future medical expenses.

In order for you to be entitled to claim for pain and suffering you must register a level of disability which is assessed in accordance with an American Guidelines which require you to exceed 10% whole person impairment. At some stage after the condition has stabilised we will have you assessed by an independent doctor who will provide an opinion as to whether you are in fact over that threshold for pain and suffering and if so then we will make a claim for that entitlement. If the Insurer does not accept that we are over the threshold for pain and suffering or alternatively provide medical evidence that indicates that in their view you are not over the threshold then you will be assessed by an independent assessor appointed by the Motor Accidents Authority who will then provide a binding determination as to whether you are over the threshold. If the independent assessor provides that determination then we will be able to claim pain and suffering for you.

The claim is sometimes available for domestic assistance where in circumstances where you are unable to perform work around the house such as household cleaning duties or perhaps in circumstances where you are unable to maintain the garden or the lawns and as such require someone to perform those duties for you. Those activities are then payable by the insurer at a commercial rate. Domestic assistance is usually a difficult claim to bring as it requires an assessor to determine that you have a level of disability that prevents you from performing work around the house. In any event we do confirm that we will investigate the possibility of that claim if it is available to you and assess the value of that claim at the time. If you are unable to perform work around the house and it is presently being performed by someone else in the household which is a spouse or child then a statement from that person setting out the details of what is performed and the hours spent performing that work is necessary. You are able to claim for gratuitous or non-paid help on the basis that it is performed at least six (6) hours per week for a minimum of six (6) months.

At this stage we will now commence enquiries in relation to your injuries and should there be any other documents that we have not already received then we would ask that you forward those documents to us that relate to your injuries so that we can consider that material further.

We confirm that once the insurance company has assessed the claim and has determined the issue of liability if they accept liability or alternatively accept liability but allege contributory negligence of less than 25% then we note that the matter would proceed before the Motor Accidents Authority where an assessor appointed by the authority who is normally a Solicitor or a Barrister will hear the case in due course upon receipt of the evidence that we will be looking to rely upon. The process in the Motor Accidents Authority is an informal process and we note that the assessor’s decision would be binding upon the insurance company and not binding upon us. Once the assessor has made a determination if we are not happy with the decision then we can have the case re-heard in the District Court provided we notify the insurer within 21 days of the decision.

If the Insurance Company does not accept liability or denies liability or alternatively alleges contributory negligence of greater than 25% then the matter is considered exempt from the Motor Accidents Authority and in those circumstances we must proceed to the District Court.

We confirm that under the Motor Accidents Compensation Act 1999 you do however have certain obligations. We note that you must lodge a claim form with the Third Party Insurer within a period of six (6) months after the date of accident. Thereafter we confirm that you do have a period of three (3) years for which to bring a claim for negligence and we note that we will investigate the possibilities of a claim in the course of that period.

Once the claim form has been received by the Insurer, if the Insurer accepts liability, then they will pay your medical expenses on an ongoing basis as and when required. With the medical expenses it is important that you have your doctor identify what expense is required and the reason for it as the insurer is only liable to pay what is reasonable and necessary.

After a period of time your condition will stabilise at which time we can then assess what ongoing rights you may be eligible for in relation to your claim. There are four (4) main entitlements under the Motor Accidents Compensation Act 1999 which are as follows:

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