Published in the Coffs Coast Advocate on 25 October 2014.
Peter and Bev are unfortunately involved in a motor vehicle accident after recently retiring. Peter was driving the vehicle at the time but was not “at fault”. They both suffer serious injuries.
They seek advice from their solicitor, who informs them that it is necessary to lodge an accident notification form within one month from the date of the accident in order for immediate medical and out of pocket expenses up to $5,000 to be claimed. Their solicitor also informs them that a full claim form must be lodged within six months from the date of the accident.
To receive damages for non-economic loss (previously known as “pain and suffering and loss of enjoyment of life”) it is necessary to establish that they each have a permanent impairment in excess of 10% whole person impairment. This threshold is very high and Peter and Bev are advised that their injuries need to “stabilize” before this can be assessed.
Peter and Bev are also advised by their solicitor that apart from out of pocket expenses, such as medical expenses, they may also be entitled to payments for personal assistance and may also be entitled to gratuitous assistance payments (assistance undertaken by people without payment) but they would need to reach the threshold before such payments could be claimed.
Peter and Bev are informed that even though they were retired, as it was their intention to undertake work from time to time over the next few years, they may also have a claim for economic loss.
They are advised that they should make an application for an assessment of their claim within three years from the date of the accident, provided that their injuries have stabilized and that there is an “admission of liability”.
If there was a denial of liability it would be necessary for them to commence proceedings in a court within three years from the date of the accident.
Fortunately, Peter and Bev’s injuries resolve and a claim is made in due course, which is settled without the necessity of an assessment hearing or court hearing.
