|What do I do if I am injured in a car accident in NSW?|
To make a claim for compensation you must have sustained an injury in a motor vehicle accident in NSW. You also need to be able to demonstrate that the driver or owner of a vehicle, other than your vehicle, was partially or completely responsible for the accident.
Any kind of road user can make a claim under the Act, including; the driver, the passenger, pedestrian, cyclist or motor cyclist.
If your vehicle was partly at fault for the accident you still may be able to make a claim however the compensation you will receive will be less than if you were not at fault at all.
Examples where you may be partially at fault include; not wearing a seatbelt, driving whilst drunk, or travelling in a vehicle where you know the driver to be drunk or not wearing a helmet when cycling or riding a motorcycle.
There are also two special circumstances where you can make a claim under the scheme regardless of who caused the accident.
There is complex law surrounding who can make a claim for a ‘blameless accident’ and you should always contact a lawyer to discuss if you have a right to make a claim.