Motor Vehicle AccidentNSW
This comprehensive and easy-to-follow publication helps practitioners to navigate the complex and technical legislation which applies to motor accident claims in NSW.
2 Matter Plans
Overview
This comprehensive and easy-to-follow publication helps practitioners to navigate the complex and technical legislation which applies to motor accident claims in NSW.
Two separate guides are provided: one for pre-December 2017 accidents and another for post-December 2017 accidents, to which different legislative schemes apply. Links to the necessary forms and precedents are supplied.
This valuable publication will allow a practitioner to advise with confidence on the critical time limits and dispute resolution processes for each step of a claim, understand the highly restricted nature of the benefits available and costs recoverable for claimants, and address the supporting material required to obtain the best result for the claimant.
Precedents provided with both guides include:
- Gathering information letters to client, insurer, and relevant authorities;
- Medical authorities;
- Various letters to client explaining the process at each stage;
- Letters to doctors;
- Applications for statutory benefits;
- Example pleadings and particulars for common law damages.
The detailed Retainer Instructions ensures nothing is missed and the client is properly advised.
Ready To Use Resources
Choose from ready-to-use legal documents within this Publication.
2 Matter Plans Included
- ALERT - 1. A 500-page limit now applies to documents lodged in the Personal Injury Commission. 2. The Motor Accidents Guidelines v9.3 apply from 6 December 2024.“1. A 500-page limit now applies to documents lodged in the Personal Injury Commission. 2. The Motor Accidents Guidelines v9.3 apply from 6 December 2024.”
- Full Commentary - Motor Vehicle Accident (NSW) - Accidents from 1 December 2017“null”
- Reference materials
- Overview and limitation periods“The motor accidents scheme The compensation scheme under the Motor Accidents Injuries Act 2017 (MAIA) applies to all motor vehicle accidents in New South Wales (NSW) that occur after 1 December 2017.”
- Summary of the process“The usual steps in acting for a motor vehicle accident claimant who is not catastrophically injured but whose permanent impairment from injuries caused by the accident exceeds 10% include:”
- A. Getting the matter underway
- B. Information gathering
- C. Statutory benefits
- D. Common law damages
- E. Dispute resolution
- F. Going to court - District Court - Less than $1,000,000
- G. Going to court - Supreme Court - More than $1,000,000
- H. Hearing
- I. Resolving claims
- J. Finalising the matter
- Comments and suggestions for By Lawyers“null”
Our Authors
More than 45 legal professionals have contributed to By Lawyers' Australian publications, all helping to ensure content is updated regularly to reflect changes in legislation, practice and procedure.
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