New Motor Accident Injuries Act 2017 will bring into effect great changes to the entitlements to compensation of those injured on NSW roads.
The new law provides for a system of Statutory entitlements claimable along side damages entitlements (such as pain and suffering). It introduces statutory entitlements of a limited nature for drivers at fault. Unfortunately the new law has also reduced what can be claimed by injured parties. The new law now places limits on the period of time and the amount of wages that can be claimed. The maximum that can now be claimed for those seriously injured, who have a damages claim and whose whole person impairment exceeds 10% is now up to 5 years from the date of accident.
The amount of wages claimable for those injured on NSW roads who’s loss does not exceed 10% whole person impairment is reduced to 2.5 years from the date of accident where there is a pending claim for damages.
Cases where there are no claim for damages will also have wages limited by the new legislation depending on whether or not they were the driver at fault and extent of injuries. A positive change has been allowing drivers at fault to claim up to 6 months wages. Drivers at fault can now also claim reasonable and necessary medical expenses up to 6 months from the date of accident.
The new law now abolishes claims for gratuitous care (domestic assistance provided by family or friends). Only paid domestic/personal assistance is payable.
There are also new limitation period for claiming not only damages claim but also claiming statutory benefits (such as lost wages, medical expenses, funeral expenses).
In order to avoid unnecessary delay , rejection or preclusion from claiming statutory benefits or damages we recommend you consult with us as soon as possible.
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