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Motor Vehicle / Motorcycle / Bus accidents

If you have been injured in a motor vehicle, motorcycle or bus accident in New South Wales you may have a claim for compensation for personal injury under the New South Wales motor accident legislation.

The New South Wales motor accident legislation applies to all accidents that involve "a vehicle on wheels that is built to be propelled by a motor that forms part of a vehicle". This means that if you are involved in an accident caused by one of the following vehicles you may have a claim for compensation under the legislation:

  • Motor vehicles
  • Motor cycles
  • Commercial vehicles including buses, trucks and taxis
  • Work vehicles including cranes, forklifts, cherry pickers
  • Recreational vehicles with wheels that are powered such as motorised scooters and trailers

At NSW Compensation Lawyers we are experts at advising our clients whether the accident was caused by a "vehicle" that is covered by the legislation and whether they have a claim for compensation for injuries arising from the accident.

Under the NSW motor vehicle legislation you are involved in a motor vehicle accident when you are involved in an incident or accident involving the use or operation of a motor vehicle that causes the death or injury to a person. A motor vehicle injury will include a physical or psychological injury such as depression, post traumatic stress disorder or an anxiety disorder. The injury must be the result of one of the following:

(a) The manner in which the vehicle was driven;
(b) Any action taken to avoid a collision with a vehicle;
(c) If a vehicle is out of control.

As well as the injury being the result of the operation of a motor vehicle to have a claim for compensation you will also need to establish that the injury was the fault of the owner or the driver of the motor vehicle. Our expert personal injury lawyers will investigate the circumstances surrounding the accident, including obtaining a police incident report and talking to any relevant witnesses, so that we can advise you whether the injury was the fault of the owner or the driver of the vehicle.

You may still make a claim for compensation even if the vehicle was unregistered or unidentified. In the event of an unregistered or unidentified vehicle a claim can be made against the "Nominal Defendant" and these claims are managed the same way as a normal claim.

At NSW Compensation Lawyers we will also endeavour to calculate the amount of compensation you may be entitled to under the legislation and the costs that you may incur in bringing a claim for compensation. Contact our expert personal injury lawyers today to discuss your entitlements to compensation for injuries incurred in a motor vehicle, motor cycle or bus accident under the New South Wales motor vehicle legislation.

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