Motor Vehicle Accidents

While motor vehicle accident claims are common law claims, the Road Transport (Third Party Insurance) Act 2008 of the ACT and the Motor Accidents Compensation Act, 1999 (NSW) have modified general common law principles.

To succeed in a motor vehicle accident claim you must prove that injury in a motor vehicle accident was caused by the fault or negligence in the use or operation of a motor vehicle when driving the vehicle, or someone or something collides with the vehicle or someone takes action to avoid colliding with the vehicle or the vehicle runs out of control.

If you have been injured in a motor vehicle accident you may be able to recover damages under the following heads of damage from the insurer of the negligent party, or if the negligent party has no insurer or is unknown, from the "Nominal Defendant".

Components of the damages include:

• Pain and suffering.
• Past wage, or economic loss.
• Future wage, or economic loss.
• Past medical, hospital, pharmaceutical and rehabilitation expenses.
• Future medical, hospital, pharmaceutical and rehabilitation expenses.
• Past and future care by relatives and friends without payment can also be rates applicable to professional care or care agencies.
• "Sullivan v Gordon" damages which may be payable - which is compensation for the care that the injured person would have otherwise rendered to someone else, but for the injury.

The above components of the damages are not an exhaustive list of all damages that may be able to be claimed.

We investigate the circumstances of your claim and take the relevant procedural steps under the relevant statute or law depending upon where the accident occurred, and attempt to negotiate a settlement with the relevant insurer, or if a settlement cannot be reached, by conducting Court proceedings.

Retaining Turner Freeman to act in a motor vehicle accident claim

Our first consultation is free.  If we believe you may have a viable motor vehicle accident claim we will fund and conduct the investigation needed to then run the claim on a "no win no fee" basis.  Our experience is that there is no other way to do it because we recognise that the cost of bringing such a claim is beyond the capacity of most people. We will act on the basis of our written conditional costs agreement.

We will, fund, select and pay for relevant medical and expert reports in the case.  We will pay the governments fees required to file the claim in Court.

Payment will be made from your damages or compensation on successful completion of the claim.  Any barrister retained by Turner Freeman will also do the work on the same basis.