Hit by Car in NSW - Is a Lawyer Worthwhile?

LMrillusion on 09/08/2021 - 19:56
Last edited 09/08/2021 - 19:57

Hi,

A family member of mine was hit by a car and has suffered head injury affecting their ability to speak (hopefully it will not be long term) and quite a few broken & fractured bones (skull, shoulder blade, collarbone, ribs). They are still in hospital and unable to submit a claim due to their current state of health on their own so it has come upon me to submit a claim on their behalf.

From what I can tell (bearing in mind I have no background in law) the NSW gov has a pretty set out way that car accident claims happen it seems. Other than the guidance a lawyer will provide is there any benefit they can provide? Assuming it doesn't go to court would they provide a better outcome for the family member?

My current (but possiblity flawed thinking) is that a lawyer would only be beneficial if the incident went to court?

Can anyone provide any guidance and I would also appreiciate any suggestions overall on how I can ensure the best outcome for them after an incident like this that could have a lasting detremental impact on their life.

edit - (I have spoken to some lawyers already to get some free advice, but I just want to try get an unbiased point of view)

Thank you

Automotive

Comments

  • SF3 on 09/08/2021 - 20:00

    I thought that is what the green slip (mandatory as part of the rego) is for to cover such injures (in NSW).

    Making a claim faqs
    https://www.greenslips.com.au/claims-guide/making-a-claim.ht…
    https://www.nrma.com.au/faq-details/371

    If you're injured in a motor vehicle accident caused by a vehicle with an NRMA NSW CTP Green Slip, we can help you with your recovery and return to work. You may be eligible to claim for:

    A percentage of any income you've lost (if time off work is required to recover)
    Reasonable treatment and rehabilitation expenses
    Commercial attendant care (for help needed around the home)
    Compensation if a relative passes away
    Funeral expenses

    • Randxyz123 on 09/08/2021 - 20:17

      It is, the way I’ve read this is that the OP is asking if getting a lawyer would help them get more compensation.

      • SF3 on 09/08/2021 - 20:18
        +1

        Thanks, that was my blind spot.

  • holdenmg on 09/08/2021 - 20:03
    +17

    Only if you could have put the Lawyer between the Car and your Family Member.

  • pegaxs on 09/08/2021 - 20:15
    +10

    Unbiased opinion… if it is a permanent injury, you need to speak to an injury lawyer…

    From previous experience of being involved in a car accident and having to make claims, the CTP basically covered all the immediate things, like ambo, hospital and rehab. What it didn’t cover was permanent disability. I was informed that if I needed to seek compensation for ongoing, lifelong disability, this was to be done through a personal injury lawyer.

    • Trance N Dance on 09/08/2021 - 20:50

      That was my understanding after going through the process for an injury claim via CTP as well. They were happy to cover up to 2 years of treatment but anything after and a whole different game was played. Thankfully mine was only about 6 weeks.

    • Euphemistic on 09/08/2021 - 20:56

      Totally agree. Not personal experience, but a family member. All the initial stuff is covered, but then you need to go lawyer for the long term - and it takes a loooonnnngggg time to get sorted.

  • SBOB on 09/08/2021 - 20:47
    +4

    Better call Saul…

    • dcuksuop on 09/08/2021 - 23:50
      +1

      except for heart attacks

  • bobbified on 09/08/2021 - 20:52

    For more serious injuries (like what you've described), get a lawyer. Where there's permanent injuries, it has to be greater than a certain percentage of the entire body (I dont know what that % figure is these days) for compensation. "Economic loss" (past and future loss of income including any reduced earning capacity as a result of permanent injuries) is something that has to be negotiated too. All of which a normal person wouldn't have much knowledge on. The costs of the lawyer will form part of the total settlement negotiations later.

    Also, CTP insurers often don't often provide upfront loss of earnings if someone can't work for a while. It's worthwhile to start gathering the info that'll be required to lodge an income protection claim (if there's a policy) so that regular payments can be received. If there isn't a separate income protection policy, they might have a policy linked to their super. If there are any income protection payments now, the CTP insurer will reimburse the income protection insurer later. That total amount will be factored into the total settlement figure in the end.

    • wallet72 on 10/08/2021 - 01:37

      and the disgusting 'well they are old so their quality of life is less so we will reduce the compensation' - things like that are where a lawyer may come in handy

  • pharkurnell on 09/08/2021 - 21:31
    +2

    Accept nothing less than Dennis Denuto

    FWIW - OP - surely this is not a serious question.. ???
    Yes speak with a lawyer, they will love you for it.

    • Jimothy Wongingtons on 09/08/2021 - 22:02
      +2

      “It's the vibe of the thing, your Honour”

    • JIMB0 on 10/08/2021 - 07:18

      No, you want a QC to represent you.

  • mickyb80 on 10/08/2021 - 01:43

    Far too many variables in such a situation, which are lacking from the OP.

    In short, let the lawyer's advice guide you.

    CTP is there to assist, with the relevant costs that are covered by the policy.
    In any event where the CTP underwriters/insurance provider tries to cut corners, then you're going to need lawyers.

    If you can afford to let lawyers handle it, assuming there is a need, then best to just let them do so. Outsourcing should help with the potential of time and stress. Allowing you to focus on your family member and their recovery.

    I hope your family member will be ok and recover quickly to fight another day!

    (Taking nothing away from you or your family. Just keep in mind, if it was an 'accident' without any malicious intent or the likes by the driver, no drugs, booze, speed or stupidity like that involved, then I completely understand it's an accident. Although, if a lawyer is a little gun-ho, then they may chase the driver which can potentially cause problems to their life and family also. I assume the blue uniform was involved and no charges have been pressed?)

    Touchy circumstances, and I wish you and your family well.

  • tata1 on 10/08/2021 - 08:15

    It appears that injuries are serious. You definitely need a lawyer. I am going to something similar at the moment. and using Maurice Blackburn on a no win no fee.

    • bobbified on 10/08/2021 - 08:57

      …on a no win no fee.

      It sounds good, but the problem with these "no win, no fee" lawyers is, they often charge a larger amount (if there is a "win") to offset that perceived risk that they may not get a fee.

      For a personal injury claim through a CTP insurer, the determination of liabilty is usually quite straightforward, so the lawyers can see really quickly whether there's going to be compensation or not. If they choose to take up the case, they already know that there's going to be a "win" at the end and the claimant ends up paying the lawyer more from their total settlement. (Having said that though, the insurer usually asks the lawyers for their total costs and adds it onto the settlement amount (as part of the total package) so the claimant wouldn't necessarily have got the amount as an addition if they didn't have those legal costs).

  • iforgotmysocks on 10/08/2021 - 08:47

    You need someone who is well versed in bird law and various other lawyerings

  • DemocracyManifest on 10/08/2021 - 10:15

    Probably speak to shine lawyers and they make a determination over the phone, but you should be right as you obviously have enough evidence etc

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