Expertise

The Motor Accidents Compensation Act 1999 (MAC Act) applies to individuals who have suffered a motor accident injury prior to the 1st of December 2017.

What defines a motor accident under the Motor Accidents Compensation Act 1999?

An incident or accident involving the use or operation of a motor vehicle that causes the death of or injury to a person, where the death or injury is a result of and is caused (whether or not as a result of a defect in the vehicle) during:

• The driving of the vehicle
• A collision, or action taken to avoid a collision, with the vehicle
• The vehicle’s running out of control
• A dangerous situation caused by the driving of the vehicle, a collision or action taken to avoid a collision with the vehicle, or the vehicle’s running out of control.

This extends to:

• The maintenance or parking of the vehicle
• The use or operation of a trailer attached to the motor vehicle and a trailer running out of control having become detached from the motor vehicle towing it
• In the case of a motor vehicle that is a tow truck-the use or operation of an uninsured motor vehicle that is being towed or carried by the tow truck.

You may also be a pedestrian, cyclist, driver or passenger. There are many forms of motor accidents including forklifts, so it is important to get advice.

Damage is calculated by:

• The extent of your permanent impairment
• Time off work and any income loss
• How your injury affects your future ability to work
• Treatment costs now and in the future
• Whether you require assistance at home to perform domestic duties.

You are required to report the accident within 28 days and lodge a Personal Injury Claim Form within 6 months of the injury. Even if the accident occurred outside these timeframes, we encourage you to get in touch with our motor vehicle accident lawyers in Wollongong to learn how we can help you.

New legislation came into force known as The Motor Accident Injuries Act 2017.

If you have been injured by a vehicle due to your own fault or the other party’s fault, you may be entitled to compensation.

If you suffer injury due to another party’s fault, you will be entitled to compensation for longer and may have more benefits to claim.

This may be the result of a car accident, truck or bus accident, forklift accident or other machinery accident and may occur as a pedestrian, cyclist, driver or passenger.

There are important timeframes that you need to know:

• You must report the accident to the police within 28 days of the incident
• Your claim should be lodged within 28 days
• If your claim is not lodged within 28 days, then it should be lodged within 3 months of the accident.

Failing to follow the timeframes may result in your claim being denied. Even if you are outside these timeframes, please contact us to understand how we can help you.

If your claim is accepted, you will receive weekly compensation and payment of your reasonable medical expenses.

Once your injury has stabilised, this will determine if you are eligible for non-economic loss (also known as pain and suffering). If your injuries are assessed as minor injuries, your rights to compensation are very limited. You may also be entitled to claim the cost of care to assist you with domestic duties.

However, if your claim is denied, it is essential to seek advice from one of our experienced motor vehicle accident lawyers to learn what your options are.

Death Claims

If someone has died in a vehicle accident, you may be entitled to claim Funeral Expenses and Compensation for dependents. You may also have a damages claim, so it is important to seek legal advice.