If you are involved in a motor accident and suffer any injury (or even think you may have suffered an injury), a claim form should be lodged.
There are time deadlines that need to be kept in mind when lodging a claim form.
The accident must be reported to police, preferably as soon as possible after the accident and ideally at the accident scene.
Otherwise, a report must be made to the police within 28 days after the accident at the latest (but it is not advisable to leave it so late).
A compulsory third party insurer may reject a motor vehicle accident claim if a late report to the police is made.
The claim form needs to be submitted to the compulsory third party insurer of the driver at fault within six months of the accident.
There is a shorter claim form that needs to be submitted within 28 days of the accident.
If the claim is lodged after the 6 month period, the claim will not ordinarily be accepted unless there is a fully and satisfactory explanation for the delay.
Similarly, if you are the close relative, or the executor or administrator of an estate, of a person who died in a motor vehicle accident, a claim form must also be lodged with the compulsory third party insurer no later than 6 months after the accident.
It is important to obtain legal advice in relation to making a motor accident claim.
Please feel free to contact us for an obligation free discussion.
By Steve McAuley and Andre Lim, McAuley Hawach Lawyers
Telephone: (02) 9633 1826
Parramatta Office: Level 7 | 9 George Street | Parramatta NSW 2150 | Australia
PO Box 873 | Parramatta NSW 2124 | Australia
DX 8282 Parramatta
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