Have you or someone you know suffered injuries in a motor vehicle accident when it is a ‘blameless accident’. The concept of a blameless accident came about as a result of a childcare centre crash involving injured toddler Sophie Delezio, when it could not be show that the driver of a vehicle was negligent, and yet the little girl suffered horrific injuries.
In another case a tree fell onto a passing vehicle causing injury to the driver. There was no negligence by anyone and the injured driver was entitled to receive compensation because it was a blameless accident. In another case a vehicle in front of a person riding a motor bike caused a stone to flick up from the road hitting the rider in the eye, thereby losing that eye. That rider was successful in claiming compensation. Again, hitting an animal (particularly on a country road) such as a kangaroo may give rise to a claim for compensation for a blameless accident.
A claim for compensation may be made for pain and suffering, past and future loss of income, past and future medical expenses, past and future domestic assistance and out of pocket expenses, as well as costs.
In relation to motor accident claims there is a strict time limit of 6 months from the date of the accident to lodge a claim form. If the claim form is not lodged with the third party insurer within that time then a full and satisfactory explanation has to be made otherwise the claim may be rejected. Please note an ‘Accident Notification Form’ lodged with the insurer does not satisfy the requirement to lodge a claim form within 6 months of the date of the accident.
If you have been injured in a motor vehicle accident, you should always seek legal advice in relation to you rights as soon as possible. Peter Moore of Brazel Moore Compensation Lawyers has over 36 years experience in assisting people of the central coast get the compensation they are entitled to. Call 1800 087 934 for a free confidential chat on the phone.
