Motor Vehicle Accident Claims

At Monaco Compensation Lawyers (MCL), we have a specialist legal team dealing specifically with motor vehicle accident claims.

This practice group is supervised by senior lawyers who are accredited as specialists in personal injury law and have many years of experience in this field. Our lawyers are widely known in the industry due to their track record of success in the field of motor accident law.

We are dedicated to supporting our clients at every stage of the process, from the initial consultation through to a resolution. we note that the expenses of preparing a claim can cause great concern, so we cover all expenses. We have the ability to go toe to toe with large insurance companies, who will often expend substantial resources defending claims.

 

Common Questions

Do I have a claim?
If you have been injured in a motor vehicle accident, the law allows you to make a claim for compensation. In New South Wales, people injured by motor vehicles are covered by the Compulsory Third Party ('CTP') insurance scheme. However, you are only able to recover compensation for personal injury if the other party involved in the accident was at fault. Claims that can be made under the CTP scheme cover a number of accident types, including:
  • Drivers injured in an accident where the other vehicle was at fault;
  • Passengers injured in an accident with another vehicle;
  • Passenger injured in a single vehicle accident;
  • Pedestrian hit by a vehicle;
  • Cyclist accidents;
  • Motorcyclist hit by a vehicle;
  • Driver or passenger in a tram/bus/train accident; and
Person who witnesses a death as a result of a motor vehicle accident.
What do I do if I am involved in a motor vehicle accident?
There are several steps you should take if you have been involved in a MVA, including:
  • Getting medical attention right away, even if your injuries appear to be minor;
  • Obtaining full details of any other vehicles and drivers involved in the accident, as well as any witnesses;
  • Informing police as soon as possible about the accident (within 28 days);
  • Obtaining legal advice regarding your rights and obligations; and
  • You will need to lodge the claim with the correct insurer within 6 months of the date of the accident.
To avoid losing your right to claim compensation, it is important to seek prompt legal advice sooner than later. Call us on 1300 769 665 for a free consultation to discuss your options and see how we can help you.
How can MCL help me?
At MCL, we have accredited specialists who only handle motor vehicle accident claims. Over the years, we have finalised thousands of claims on behalf of our clients. Our specialist legal team is in constant contact with our panel of medical and other experts, who assist us in investigating and preparing our clients’ claims. Following the initial conference, our lawyers will:
  • Evaluate your claim;
  • Gather necessary evidence, such as names, registration numbers and insurance details of the vehicles involved;
  • Obtain and explain police reports relating to your accident;
  • Contact the relevant insurance companies;
  • Obtain all the necessary medical evidence;
  • Obtain other evidence, which may be relevant to your claim, including documents from accountants, actuaries, accident reconstruction experts, occupational therapists and other experts;
  • Ensure that you receive thorough and comprehensive advice at every stage of your claim, including settlement conferences, mediations, CARS assessment and court hearing; and
Ensure you obtain the maximum compensation you deserve to ease your pain and suffering.
Can I get free advice over the phone?
At MCL, our lawyers are more than happy to provide you with free initial advice over the phone. In fact, you will be able to speak to one of our specialists the very first time you call our offices. Call us on 1300 769 665 for a free consultation with one of our lawyers to discuss your options. After your free initial phone consultation with one of our lawyers, we can arrange an appointment with you at any of our offices. In some cases, we understand that it may be difficult for you to travel. In this situation, we can always arrange a home or hospital visit.
Things you need to know about the claim process
New South Wales has its own specialised motor accident scheme, which was established in 1999. Some of the most important features of the scheme are as follows:
  • Most disputes between the claimant and the insurer are managed by the Claims Assessment and Resolution Service (‘CARS’);
  • Once the insurer accepts the claim, it will begin paying for your medical expenses. However, common law damages are only paid once your claim is finalised. In some situations, such as financial hardship, we can apply for an interim payment, releasing some of the compensation to you before your claim is fully finalised;
  • Medical disputes are managed by Medical Assessment Service (‘MAS’); and
  • In the event that the insurer declines liability, the claim becomes exempt from CARS and usually proceeds to the District Court to be determined by a judge.
No matter what your case is, we have the resources and dedication to ensure that you get the best possible result. Call us on 1300 769 665 for a free consultation with one of our lawyers to discuss your options.
What sort of compensation am I entitled to under the law?
Under the statutory scheme, you are entitled to recover benefits as long as you are not considered wholly at fault. This include damages relating to:
  • Loss of earnings;
  • Medical expenses;
  • Travel expenses;
  • Rehabilitation expenses;
  • Assistance with personal care and domestic tasks;
  • Interim payments during the claim process in certain circumstances;
  • Permanent impairment in certain circumstances; and
  • Pain and suffering in certain circumstances.
If you have suffered a severe injury, such as a spinal cord or brain injury, you are able to recover benefits regardless of who was at fault. The insurers are typically not very generous when met with unrepresented claimants (claimants without a lawyer). They will often attempt to resolve matters early on with low offers, pressuring claimants to resolve their matters for an amount far less than what they rightfully deserve. Call us on 1300 769 665 for a free consultation with one of our lawyers to discuss your entitlements.
What will it cost – No Win No Fee Guarantee
Motor vehicle accidents can often leave scars both physical and psychological. They can also lead to financial hardship. Add to this the pressures and uncertainty of litigation, and it can all be a bit too much. It is for these reasons, that:
  • We offer No Win No Fee Guarantee;
  • We offer free advice at your initial consultation;
  • We do not charge for any expenses and will cover all expenses including medical reports and court filing fees, unless we successfully resolve your case;
  • Unlike other firms, you do not have to pay us back the money we have spent on your case if you do not win;
  • We provide you with a simple and easy to understand contract before we begin the work;
  • We provide a clear estimate of our legal fees before we begin the work; and
  • We will apply for interim payments if you experience financial hardship during the claim process.
Experiencing financial hardship while your claim is ongoing?
Under some circumstances, claimants can apply for an interim payment. To qualify, they need to demonstrate that they have suffered financial hardship as a result of the accident. At MCL, we have over the years assisted thousands of our clients to apply for such payments. The applications need to be carefully prepared and usually involve a detailed statement by the claimant and documents in support of the application. The amount of the interim payment depends, to some extent, on the depth of financial hardship as well as the seriousness of injury. While a typical interim payment would be in the range of $20,000 to $40,000, we have also been successful in attaining interim relief to the value of $100,000 in some cases. In most cases, insurers will look favourably at such applications, especially those that are well prepared and documented. Sometimes however, an application for an interim payment may be declined. The claimant then has the option to challenge this decision by making a further application to the Claims Assessment and Resolution Service (‘CARS’). The flexibility, which the interim payment option provides, allows us to help our clients to meet their financial obligation and avoid financial hardship whilst we continue working on their claim.
What else can I claim – Superannuation/Total and Permanent Disability
Many superannuation policies provide cover for those who are totally and permanently disabled due to an accident. This cover will usually be in the form of a lump sum payment that is provided on top of any claims, such as a claim for compensation. Further, you may be able to receive some funds through a personal insurance policy. For example, this may be the case if you have life insurance, income protection insurance, or sickness and accident insurance, which may include provisions for compensation should you be injured in an accident. At MCL, we have a senior team of lawyers that are specialised in Superannuation/Total and Permanent Disability who can determine whether you are covered under policy. For more information about superannuation claims, please visit superannuation page. Call us today to talk to one of our experts at 1300 769 665.
Why choose MCL?
MCL is one of Australia’s premier compensation law firms. We are confident in our abilities. Read about us here.  That is why we provide a ‘No Win No Fee Guarantee’ to all of our clients. This means that you will only need to pay us for our work if and when your claim is successfully finalised. Our lawyers have the expertise and experience to take on the big insurance companies. We also have the financial muscle to go the distance against the limitless resources that can be deployed by the insurers. At MCL you will have your own lawyer, who will always be available to answer your questions and provide advice in relation to your claim.

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With offices in all Australian States and Territories, Monaco Compensation Lawyers is one of Australia's leading compensation law firms.