Motor Vehicle Claims

If you have been injured in a motor vehicle accident and want to claim compensation – Firths will achieve the best result in the quickest possible time with the least stress to you.

There are a number of things which you must do if you wish to bring a claim for motor vehicle compensation:

  1. You must report the accident to the police within 28 days. You need to be careful with this because we have found in some cases even though the police attended the accident no official report is filed.
  2. Lodge a claim form. We have the claim forms and will help you fill it out and ensure it is properly served for you. We have found many people come to grief with the claim form and cannot stress enough how important it is to get the whole case off on the right foot.
  3. Lodge the claim form within six month. This is an important deadline and great care needs to be taken to ensure it is complied with. Here again if you fill it out we can check it and ensure it is properly lodged for you.
Once the claim form is lodged the insurance company will make a decision on liability. They have only three months but sometimes take longer. If they admit liability then they should start paying your medical expenses for you. If they don’t we can help.

If the insurance company denies liability then you can apply for an exemption from the Claims Assessment Resolution Service (CARS) and take your case straight to court.
Under the new system the Government has made it very hard for injured accident victims. You are now only eligible for pain and suffering compensation if you are assessed as having greater than 10% Whole Person Impairment (WPI). This is determined by medical assessors appointed by the Medical Assessment Service (MAS). For more information on pain and suffering click here (link).

We have found that under this system many people with quite severe injuries (such as broken arms and legs) can miss out on any compensation for pain and suffering because they are not assessed as having greater than 10% WPI.

This is one area where we can make a big difference because we have developed considerable experience with the relevant guidelines and on many occasions have successfully challenged assessments and ultimately got the client over 10%.
What if your Motor Vehicle Accident occurred during work or on your way to and from work? What happens then? Do you have to choose between Workers Compensation benefits or compensation under the compulsory third party (Greenslip) scheme? In a word “NO”.

Most people and even many solicitors aren’t aware that you are entitled to claim both. This does not mean that you are entitled to be compensated twice for the same injury - it just means that you are entitled to your workers compensation benefits first and then your third party compensation second.

To ensure that you are not worse off, we are careful to claim in your motor vehicle claim all the losses you have suffered right from day one. These claims can be quite involved which is another reason why you should see a firm like us who specialise in the field.

Stephen Paul Firth
Accredited Specialist in Personal Injury Law

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