Don't Let Accidents Derail Your Holidays

An accident at any time in the year is no doubt stressful, more so during the festive period when most of the offices of the professionals involved in such claims are closed. However, that does not mean that you should be concerned that a claim cannot be made or that you will not be supported in respect of your injuries during this busy time of year.

To help ease the stress of accidents and injuries that occur in this festive period, we provide the following helpful hints and tips:

• If you are injured or hurt in a car accident on the roads during the festive period and are not able to contact a lawyer such as Garling and Co, rest assured that your claim can still progress.  You have twenty (28) days in which to lodge the claim against the at fault motor accident insurer.
• Whilst you may not immediately be able to touch base with a lawyer, we recommend that you make initial enquiries via our website that provides a lot of useful information, we recommend that you leave a message for us, so that we can be in contact with you as soon as we return from the holiday break.

In the meantime, there are several things to be mindful of to assist in your claim:

1. Ensure that you obtain all relevant details regarding your accident particularly the driver at fault, their CTP insurer, their contact details, the registration number and photographs of the accident site and damage to your vehicle and theirs.
2. We recommend that you make a report of the incident with the NSW Police Service and obtain an event number for your records. It would be helpful if you also obtained a copy of the Police report to assist with future evidence. Please be advised that the Police report must be made within twenty-eight (28) days of the accident occurring.
3. Go to your General Practitioner or appropriate medical practitioner in respect of treatment of your injuries and you keep copies of all reports, scans and the expenses that you incur so that reimbursement can be obtained.
4. You review the SIRA website to download a copy of the claim form and medical certificate which needs to be prepared and completed by yourself and your medical practitioner in support of your claim and future lodgement.

Filing a claim within the first twenty-eight (28) days of having an accident, ensure compensation is backdated to the accident date.  In the event this is not possible, you have three (3) months from the date of accident to make a successful CTP claim, it just simply means that the CTP insurer will only reimburse your expenses upon making a claim against them.

Further advise and helpful information can be found by reviewing the motor vehicle accident blogs on our website particularly those related to lodging a motor vehicle accident claim are as follows:

• Hurt in a motor vehicle accident – A step by step guide to lodging a claim.
• What can I claim motor accidents compensation for?
• Statutory benefits under the CTP scheme – 6 tips and tricks
• When should I seek the assistance of a lawyer for my CTP claim.
• A guide for people injured in a motor vehicle accident on or after 1 December 2017.

Whilst motor accidents are common during the festive period as we all travel to and from our various family and social engagements, it also may be possible that you have sustained an injury in a private or public location or alternatively in the course of your employment.

Generally, the tips contained above regarding evidence you need for lodgement of your claim apply to all accident. However, we wish to briefly touch on the time limits that would apply for lodging a claim in other areas/circumstances where you may have sustained injury:

• If you sustained an injury in the course of your employment, you have six (6) months from the date of accident to make a claim against the employer and/or their workers compensation insurer.
• If you have sustained an injury on a private or public property at the fault of a third party, you have three (3) years from the date of accident in which to make a claim. However, it is important to try and give notice of the injury and accident to the proposed Defendant as early as possible. This could simply mean making a complaint to Council or the local supermarket if the injury occurred on private property.

Rest assured our office is closed for a short period of time over the festive period and any enquiries made to our office on telephone (02) 8329 9500 or via our website www.garlingandco.com.au will be attended to when we return to the office on 8 January 2024.

Wishing you and your loved ones safe travels during the festive season.