Tuesday, 6 June 2017

New MOTOR ACCIDENTS STATUTE

The NSW Parliament has passed the Motor Accident Injuries Act, 2017 which changes and limits what claims maybe made on your green slip insurance policy.

The new Statute will commence on or about 1st December, 2017 and will apply to motor vehicle accidents occurring after its commencement. The existing Statute applies until then.

For those sustaining a personal injury as a result of a motor vehicle accident will now only have access to statutory benefits regardless of fault unless they have been charged with or convicted of a serious driving offence.

No common law damages will be recoverable for so called minor injuries and a new Disputes Resolution Service will be established. Serious injuries may still enable some common law claims but they are limited.

The time for making and serving a claim will be reduced from 6 months to 3 months and if you are losing income and do not serve a claim within 28 days of the accident you may lose your right to back claim lost wages.

Statutory benefits for minor injuries and those at fault may cease after 26 weeks.

In short most claims benefits will be limited and green slip costs will no doubt increase the profitability of the Insurers to the detriment of benefits.

If you have a Personal Injury claim are very complex but then we can assist in this or any other legal problem. Please contact any of our Solicitors at Matthews Williams.

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