Compensation for personal injuries arising out of a motor vehicle accident in New South Wales have usually depended upon one of the drivers being at fault.
However in some instances you can still make a claim for compensation for what is called a blameless accident. Examples of blameless accidents may include;
- Accidents caused by a driver suffering a sudden illness, such as a heart attack or stroke
- Accidents caused by an unexplained mechanical or vehicle failure such as brake failure or blowout
- Accidents caused by an unavoidable collision with an animal on the road such as a cow or kangaroo
Any road user can make a claim for a blameless accident but there are some restrictions that apply to the drivers (including motorcycle riders) injured in blameless accidents. Drivers may not be able to make a claim if they are injured in a single accident or if they are driving the vehicle that caused the accident, that is they were the driver that suffered the heart attack or they were the driver of the vehicle that failed resulting in the accident.
Special benefit for children injured in accidents
If you are under 16 years of age and a resident of New South Wales at the time of the accident you can make a claim for the Children’s Special Benefit regardless of who caused the accident. The Children’s Special Benefit provides for hospital, medical, rehabilitation, pharmacy, respite care and attendant care expenses.
Of course the driver may also be able to claim in certain circumstances.
If you need any assistance we are here to help. Allan Cowley is a Law Society Accedited Specialist in Personal Injury Law with a special interest in Motor Vehicle Claims. He has over 35 years experience. Allan can be contacted on 1300 277 000.