In Australia, motor accidents compensation is partially based on the no-fault scheme. This means, to a limited extent, both parties at fault and not at fault may claim compensation to recover their loss. While the victim can benefit from further entitlements and the content of the compensation, those who are at fault may also recover their medical expenditures and loss of earnings. Motor vehicle accident claims can be made against the CTP insurer of the other party. However, in hit-and-run accidents, the relevant insurer might be impossible to reach as the getaway driver can be unidentified and untraceable. To avoid victimisation, Australia established a Nominal Defendant Fund which will act as the defendant during the claim to compensate for the loss of the victim. On no occasions, the victim’s entitlements can differ, and the victim will not be unjustly treated.
- Claiming compensation after hit-and-run injuries
If you sustain injuries, impaired or lost your income due to a hit-and-run accident, under the Motor Accidents Acts of NSW, you may still make a claim just as if the party at fault is identifiable and reachable. Victims of hit-and-run accidents can demand compensation to ease their pain and loss from the Nominal Defendant Fund. While the process seems complex, a professional representation and assistance can surely lift your burden and minimise the effort you might have to give to the process.
- Compensation claims for pedestrians hit by a car
Motor accident compensation may be awardable to those suffering the consequences of other party’s actions. Regardless of if the victim is a driver, a passenger or a pedestrian, compensation may be demanded from the CTP insurer of the liable party. Compulsory Third Party - CTP Insurance is an insurance scheme designed with a sole purpose to provide benefits to those suffering injuries due to traffic accident. However, the CTP insurer cannot recover the damages to the property. Generally, in motor accidents, parties involved in the accident should pull over and exchange their personal and contact information. This includes the contact information of the relevant insurer. The accident should be notified to the emergency services and the police as soon as possible. Once both parties obtain the necessary information, free of charge medical appointment can be arranged by the CTP insurer.
During the claim, the claimant carries the onus to provide necessary and sufficient evidence to the insurer or the court. The claimant or their legal representative should gather witness statements, pictures, footages of the accident and any other relevant evidence. Keep in mind that a strong representation is critically important as the insurer should be satisfied that you are the victim of the other party’s negligence. However, if you hindered your personal care, this might reflect the amount of compensation. Contributory negligence is a term being used for the victim’s contribution to the injuries by lack of taking necessary care. Even if the other party is mostly at fault, if you failed to take reasonable care to protect yourself from severe injuries, the amount of compensation may be decreased.
- Can pedestrian cause motor accidents?
You may be convinced after a quick search that pedestrians do cause numerous accidents as a result of jaywalking, disobeying the rules and the signs. Pedestrians are also obliged to follow the rules and have the same responsibilities as motor vehicle drivers. Risky actions taken by the pedestrians caused many occasions where the driver had to oversteer to prevent running over the pedestrian. On a similar occasion, the driver can claim compensation against the negligent pedestrian to recover their loss. The extent of motor accident compensation does not differ between pedestrians and drivers.