When a person is injured in a motor vehicle accident in NSW, the law requires that a claim form be sent to the Green Slip Insurer of the vehicle at fault within 6 months of the date of the accident. If a claim form is submitted within that period the Insurer will most likely reject the claim unless a ‘full and satisfactory explanation’ is provided as to why the form was not submitted in time. The time period is generally strictly enforced by the Insurers.
In one case handled by our Firm where our client was injured in a motor vehicle accident, the six month limitation period expired on the Monday of the October long weekend and the Insurer gleefully rejected the claim and required a full and satisfactory explanation be provided. Fortunately, for the injured person, the insurer was unaware that when the last day for doing an act falls on a weekend or a public holiday, it is the next business day that becomes the last day. Accordingly, the claim form being received on the Tuesday after the long weekend met the legal requirement.
In the above case the injured person received in excess of $100,000.00 in compensation for the injuries he suffered. That may not have been the case if the claim was not able to be pursued if the claim form was lodged with the insurer outside the required period of 6 months. In fact the injured person was considering walking away from the claim until he sought advice from Peter Moore, Solicitor of Brazel Moore Compensation Lawyers, Gosford.
When you are injured in a motor vehicle accident, always seek legal advice so that you know where you stand. If a ‘full and satisfactory explanation’ must be provided, it is important that you seek the assistance of an experienced compensation lawyer as requirements of insurance companies are generally onerous.
If you need advice or assistance in relation to a motor accident or other compensation claim, call Peter Moore of Brazel Moore Compensation Lawyers on free call 1800 087 934 for a free confidential chat.
