If you have been involved in a motor vehicle accident, it is important to be aware of the relevant time limitations associated with lodging a claim for common law damages. A claim for common law damages is a claim for pain and suffering (otherwise referred to as non-economic loss), and economic loss, outside of the initial statutory benefits phase of the NSW CTP scheme.
Under the Motor Accident Injuries Act 2017 (MAIA), injured motorists are precluded from lodging a claim for common law damages until twenty months have elapsed since the accident. However, if they have been assessed as having sustained a minimum whole person impairment of 11%, or they have made a ‘death claim’, a claim for common law damages can be made prior to twenty months. Although the term ‘death claim’ is not defined in the MAIA, it is agreed to include compensation to relatives claims.
Importantly, all common law damages claims must be made within three years of the date of the accident, or in a compensation to relatives claim, the date of death.
In light of this, motorists with legal representation are advised to closely scrutinise medicolegal reports prepared by experts commissioned by legal representatives, as errors in reports can make the difference in determining whether the twenty-month limitation period applies to you.
If you would like Antonela to address a particular legal issue, send your request to antonela@ticliblaxland.com.au
This article is intended to be for information and educational purposes only and cannot be relied upon as legal advice. The information may not apply to your circumstances or to your particular situation. If you need specific advice or you have any questions, we welcome you to contact us directly.
