Newcastle Car Accident Solicitor - Injury Compensation Claim NSW

LAWYER HELPLINE: ☎ 1800 224 077

No matter what the circumstances of your road accident are, it is best to seek legal advice from a personal injury solicitor who can evaluate your case and give you options. Our Newcastle car accident solicitors have extensive experience in handling complex personal injury cases involving road accidents in the Hunter Valley area.

If you require legal assistance and live in Newcastle or surrounding areas (including Cessnock, Lake Macquarie, Maitland, Port Stephens, Raymond Terrace), you should contact us to arrange a free confidential consultation and claim review regarding your road accident. Legal assistance is available to all road users- drivers, passengers, cyclists, motorcyclists and pedestrians.

CTP Insurance Scheme

NSW has a fault-based Compulsory Third Party (CTP) scheme. Third party means that there are three parties involved in a motor accident claim for personal injury :-

First party — this is the owner/driver of the vehicle 'at fault'.
Second party — this is the CTP insurer of the vehicle 'at fault'.
Third party — this is the injured person.

The CTP insurance scheme covers personal injury compensation claims made by injured road users. The scheme covers personal injury claims only. If you have comprehensive or third party property insurance, this will cover any damage to property or other vehicles.

If you have been involved in a car accident, securing the representation of an experienced personal injury solicitor is critical. Car accident compensation claims are made against the CTP insurance company of the vehicle at fault. The CTP insurance company has a legal team looking out for their best interests.

We believe that the accident victim deserves the same level of legal representation and attention. We also believe that all victims should have access to justice, and that is why our services are provided on No Win No Fee basis. Our legal team will work hard to secure the maximum possible compensation in your case.

Nominal Defendant

If you are involved in a hit and run accident and therefore are unable to identify the at fault vehicle, or if the at fault vehicle does not have CTP insurance, you can still claim compensation from the Nominal Defendant scheme. Our solicitors are experts in handling these claims. For free advice, call our helpline or complete the Contact Form.

Motor Accident Compensation

Persons injured in a motor accident can obtain compensation for:

“Economic loss” – this includes compensation for past and future medical and dental treatment, rehabilitation expenses, attendant care and domestic assistance, aids and appliances, loss of income.
“Non-economic loss” (also known as ‘general damages’) – such as pain and suffering and loss of enjoyment of life, as a result of their injuries.

In NSW there are restrictions on an injured person’s eligibility for general damages, and if eligible, the amount of damages payable for similar injuries is capped in NSW.

You will only get general damages if you have a whole person permanent impairment of more than 10 per cent as a result of your accident. Permanent impairment is assessed according to the MAA Permanent Impairment Guidelines. A medical assessment is required in order to determine your level of whole person impairment.

Driver Compensation

As an injured driver, you may claim compensation from the CTP insurer of the owner/driver of the 'at-fault' vehicle (if negligence can be established). If you were partly at fault, the compensation you are entitled to may be reduced.

Injuries suffered as a result of car accidents can be severe and life altering. Common car accident injuries include whiplash, dental injuries, internal organ damage, brain damage, nerve damage, spinal cord paralysis, fractures or dislocated bones, or even lost use of a limb.

Many accidents are caused by driver error or carelessness. The driver may also be affected by alcohol, illicit substances or medications. The use of cannabis and alcohol together severely impairs driving ability and the effects are considerably greater than the effects of either substance taken alone.

Passenger Compensation

A common misconception about car accidents is that the injured passenger cannot claim compensation if the driver of the vehicle they were in was responsible for the accident.

This is not true, if you were injured as passenger in a road, the accident it is very unlikely to be your fault and you will most likely be able to claim compensation.

Cyclist Injury

Failure of cyclists and other road users to observe each other on the road is the most common cause of fatal accidents involving cyclists. Most of these accidents involve cyclists being hit from behind by a motor vehicle travelling in the same lane. This type of accident seems to be common on rural roads. Being hit by an oncoming motor vehicle is the next most common type of crash involving cyclists.

Our solicitors have handled numerous cases involving cyclists, and can fully advise you of your rights.

Motorcycle Collision

Approximately 42% of motorcycle crashes in NSW involve single vehicle crashes. Speed and rider error are contributing factors, however poorly maintained roads is thought to be a factor in at least 1 in 5 of these accidents.

Poorly designed roads can also contribute to accidents. Examples of road design defects include: lack of appropriate warning, glare from poorly sited street lights, poor sight lines, traffic islands that are not lit or delineated for night visibility and uncovered drainage pits. A pothole, loose gravel, and repaired patches can all cause a motorcycle to skid.

Pedestrian Accident

Pedestrian accidents occur in a variety of situations, including when a pedestrian is crossing the road and is hit by a vehicle; unsafe or reckless driving by a road user; projection of parts of a motor vehicle (including mirrors) that hit a pedestrian that is on a footpath; a vehicle reversing hitting a pedestrian.

No Win No Fee Solicitors

If you or someone you love has been involved in a motor vehicle accident you should take legal action as quickly as possible because statutes of limitations apply to personal injury claims. Different time limits apply to adults and children injured in car accidents, and you should speak with a lawyer straight away, to find out what the time limit is in your particular case.

Our solicitors provide No Win No Fee representation. This means that there are no up front or ongoing costs and if you do not win your claim for compensation, you do not have to pay our solicitor’s legal costs. Our solicitors will explain the "No Win, No Fee" agreement to you right from the start so that you are fully aware of your rights and obligations under this type of agreement.

Contact our service today for obligation-free legal advice, and to ensure that your rights or the rights of a loved one are protected.