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Making a Motor Vehicle Accident Claim
By law, every car owner in Australia must register their vehicle in their state of residence, and obtain a mandatory Greenslip. This means that they are covered by an insurer in the event of a car accident.

If you have been in a motor vehicle accident, you are eligible to make a claim for compensation if you can prove that the car accident was the driver’s fault, or partial fault. However, if you were at fault, or if no party can be found to be at fault, you will not be eligible for Compulsory Third Party (CTP) Insurance.
What should I do?
Step 1
The first thing to do after your involvement in a motor vehicle accident is to see your doctor. Aside from attending to your health, it is vital that you have an official record of the injuries you suffered at the time of the accident.Step 2
Within 28 days of the accident, you must report the matter to the police, who have the major role in deciding who was at fault.What our clients say
21/11/2011 |
LC, CanberraJoshua Dale -
Testimonials
Hi Joshua
I am still in disbelief [regarding my award of compensation]. Wow!
Thank you so much for your assistance, hard work and unders...
Hi Joshua
I am still in disbelief [regarding my award of compensation]. Wow!
Thank you so much for your assistance, hard work and understanding.
Warmest regards,
LC
I am still in disbelief [regarding my award of compensation]. Wow!
Thank you so much for your assistance, hard work and understanding.
Warmest regards,
LC

Recent Successes
28/11/2011 |
Workers Compensation paybacks in Medical Negligence matters.Jodie Baker -
Recent Success
We have a client who sustained an injury in the course of his employment and was paid compensation pursuant to the Workers Compensation Act ...
We have a client who sustained an injury in the course of his employment and was paid compensation pursuant to the Workers Compensation Act 1987 (NSW) ("the Act"). The client required surgery to treat the injury and as a consequence of the negligence of the treating doctor, suffered an additional injury.
In the course of the proceedings for damages against the doctor, the client sought a declaration from the workers compensation insurer that payments made to him pursuant to the Act were not repayable pursuant to Section 151Z.
The workers compensation insurer advised us that they considered they had a right of recovery for all weekly compensation benefits and medical expenses paid pursuant to Section 151Z (1) (d) of the Act and would be pursuing recovery of these.
In reply we wrote to the insurer and advised there have been a series of Court of Appeal decisions which have found that in this situation Section 151Z (1) (d) does not operate to allow the workers compensation insurer to recover the payments it has made.
In Hood Constructions Pty Limited v Nicholas [1987] NSWLR 60 the court stated that the injury caused by the medical treatment was not "an injury for which compensation is payable" within the meaning of Section 151Z, notwithstanding the fact that the surgery was undertaken to remedy an injury sustained in the court of employment. The court went on to find that the worker's damages against the doctor were to be reduced to take into account the compensation payments already received.
The workers compensation insurer then conceded that Section 151Z did not apply in this case and they would not be pursuing any recovery from our client. This was important as we were then able to advise our client on his likely damages if he was successful in the claim.
In the course of the proceedings for damages against the doctor, the client sought a declaration from the workers compensation insurer that payments made to him pursuant to the Act were not repayable pursuant to Section 151Z.
The workers compensation insurer advised us that they considered they had a right of recovery for all weekly compensation benefits and medical expenses paid pursuant to Section 151Z (1) (d) of the Act and would be pursuing recovery of these.
In reply we wrote to the insurer and advised there have been a series of Court of Appeal decisions which have found that in this situation Section 151Z (1) (d) does not operate to allow the workers compensation insurer to recover the payments it has made.
In Hood Constructions Pty Limited v Nicholas [1987] NSWLR 60 the court stated that the injury caused by the medical treatment was not "an injury for which compensation is payable" within the meaning of Section 151Z, notwithstanding the fact that the surgery was undertaken to remedy an injury sustained in the court of employment. The court went on to find that the worker's damages against the doctor were to be reduced to take into account the compensation payments already received.
This was confirmed in the matter of Rooty Hill Medical Centre Pty Limited v Gunther [2002] NSWCA 60. The court of appeal confirmed that Section 151Z of the Workers Compensation Act did not apply and the plaintiff’s damages had to be reduced to give effect to the overriding intention of parliament that a worker should not be entitled to both compensation and damages.
The workers compensation insurer then conceded that Section 151Z did not apply in this case and they would not be pursuing any recovery from our client. This was important as we were then able to advise our client on his likely damages if he was successful in the claim.

Step 3
Within 28 days, complete an ‘Accident Notification Form’ in order to lodge a claim with the CTP insurer. Accident Notification forms can be obtained from the insurer involved. This form requires information such as your medical certificate, the police officer’s name and the station in which the accident was reported, and the traffic incident number. If you are using legal representation, this information should also be included the form. To find out who the insurer is, call the Motor Accidents Authority (

Step 4
You should submit a Personal Injury Claim Form to the CTP insurer as soon as possible. Your claim may not be accepted if the insurer does not receive your completed Personal Injury Claim Form within 6 months of the accident. You can obtain the claim form from the insurer of the vehicle that caused the accident.Step 5
If the vehicle at fault in the accident, or partially at fault, was unregistered, you will need to make a “due search and inquiry” in order to lodge a claim with the Nominal Defendant. This means you’ll first have to report the accident to the police, then find and speak to witnesses to get the facts together to make a strong claim. To contact the Nominal Defendant insurer, call the Motor Accidents Authority (

If you have suffered injury as a result of a car accident, as a pedestrian, or in any other form of motor vehicle accident - Stacks/Compensation can help you.
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In The Community
30/11/2011 |
Red Cross Blood DriveGabrielle Watts -
In The Community
As part of a Red Cross and YMCA initiative I am going to be donating blood today and voting for Forster YMCA as the gym ...
As part of a Red Cross and YMCA initiative I am going to be donating blood today and voting for Forster YMCA as the gym with the best and most generous members! GO FORSTER!!!
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