It is possible to file your own claim for motor vehicle accident compensation without the help of a Lawyer. Information on how to do this for NSW residents is available on the Motor Accidents Authority Website. We like to make you aware of this, to show our commitment to keeping our clients well-informed.
However the claims process can be very complicated. It involves strict time limitations, the filling out of complicated forms and the collection of evidence. We do recommend that you give us a call as soon as possible after your accident, to discuss your claim and what you need to do.
The steps involved in a claim normally include:
You will need to fill out a claim form and lodge it with the appropriate insurer. There are different types of claims that can be filed, depending on the extent of your injuries and the amount of compensation you wish to claim. There are also strict time limitations in regards to filing claim forms. Our lawyers fill out these forms everyday and can help you to ensure your form is filled out accurately and that you meet the deadline to claim.
The insurer will then spend some time investigating your claim. Here, you may need to provide specific evidence to support your claim, such as photos and other documentation. You may also be required to undergo a Medical Assessment from an independent medical examiner who will report back to the insurer. Our lawyers can help you in collecting this evidence, freeing up your time to concentrate on your recovery.
The insurer will then either admit or deny liability, sending you a 'Section 81 Notice'. If they admit liability, they will then normally attempt to negotiate a settlement with you. Our lawyers are skilled negotiators, and can advocate for you in this process. They can advise you on what level of compensation you should expect, on whether to accept an offer of settlement or not and on the next steps available to you.
If you are unhappy with the settlement offered, your claim will then go to the Claims Assessment and Resolution Service (CARS). This is a neutral setting, that provides you with an opportunity to voice your concerns without having to go to court. Again our solicitors are available to advocate for you in this setting, ensuring that your needs are met and helping to reduce the stress of facing this process alone.
If no resolution is achieved via CARS, the next step is to go to Court. You will need to make a formal application to the District Court outlining your claim in full. Again here you will need to be very detailed in making this application, providing all relevant evidence. We can help you by making the application on your behalf, ensuring that all appropriate documentation is included.
You will then be required to attend a hearing in the District Court. The prospect of going to Court can be very daunting. You need to know the correct Court processes, and the best way to argue your claim. Our lawyers are experienced litigators, who successfully advocate for clients in Court on a daily basis. Let us take the stress out of the process, and help you to achieve a satisfactory resolution.