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With dozens of car accidents happening on ACT roads every day, it’s rare to encounter a motor vehicle collision case which is easily resolved. One such occasion is when a vehicle causes an accident which injures you – but then disappears immediately afterwards. If this happens, how do you claim for compensation when you have no idea who the driver is or what their insurance and vehicle registration details are?

Luckily, there’s a system for covering this type of incident. Let’s take a look at what you can do if the negligent driver in a car accident disappears.

What should you do immediately after a car accident in ACT?
Legal Aid ACT identifies three key steps you need to take immediately after a car crash:

• You should stop your vehicle, and beckon other vehicles involved to stop too.
• Determine if anyone in your vehicle is injured and call emergency services immediately if so.
• Try to identify the vehicle number and marque of who you think the guilty party is.

These are the steps you must take to prove you’ve handled the situation safely and in compliance with ACT laws. If the other driver disappears, either because they aren’t aware they’ve caused an accident or because they’re fleeing the scene, don’t pursue them. This is dangerous if your car is damaged and it can also jeopardise your chances of receiving compensation.

In the event the guilty driver cannot be found, victims are able to claim for damages from the ACT Nominal Defendant fund to cover their expenses.

What is the Nominal Defendant fund?
This was set up to cover drivers in the event the negligent driver in a car accident cannot be found. Funded by levies on state CTP insurers and the ACT Government, it ensures all victims of car accidents have the chance to claim fair compensation for injuries sustained and damages caused.

How do I claim from the Nominal Defendant fund?
In order to claim for provision, you need to take every step to locate the vehicle and owner, as well as prove that your injuries were sustained due to the negligence of the guilty driver.

The first part requires you to:

• Identify details about the accident at the time that may help with locating the vehicle, such as a licence plate number, car model or appearance of the driver.
• Speak to crash witnesses to see what information they recall.
• If needed, advertise online or in the newspaper for the guilty driver or people present at the time of the accident to come forward to help you with your negligence claim.

The second statement means you need to be able to prove that your injuries or vehicle damage was due to the negligent actions of the guilty driver. You should keep all medical and car repair receipts to accurately demonstrate the total expense of the accident.

For more information about claiming for car accident compensation in the ACT, contact Gerard Malouf & Partners today.

It takes only a second to suffer a serious motor vehicle collision. While the initial shock of such an aggressive disturbance can cloud your judgement, it’s vital that you follow these steps immediately after a car accident. Not only will they help to ensure the safety of everyone involved, following these five suggestions also improves your likelihood of winning compensation for medical expenses further down the track.

1) Stop and assess the damage
This is the most important step of all. By law, any motor vehicle involved in a collision, no matter how minor it may seem, must stop where it’s safe to do so. If you fail to do this, you may be putting other drivers at risk by using a vehicle that is not road-safe.

Once you’ve come to a complete stop, check if anyone is seriously injured. If so, call emergency services immediately. Even if you or your passengers have only received minor injuries, these can manifest as much more serious problems later, so it’s better to err on the side of caution. Then, check if anyone else involved in the motor vehicle collision is hurt and requires help.

2) Exchange insurance details
All of the vehicle owners involved in a car accident should share their details with each other. This information includes:

• The names and home addresses of all vehicle owners.
• Motor vehicle registration numbers.
• Insurance provider names, numbers and policy details.

It’s important that you don’t expressly admit liability for any damage caused until you have spoken to your insurance provider and an expert lawyer about the situation.

3) Gather evidence for a claim
Once you’ve exchanged insurance details, you should gather evidence that will help support any future compensation claim. This includes taking photos of the car to show any damage caused, pictures of your injuries and looking for witnesses to the incident.

4) Asses the damage
Before you move your car, it’s important to asses the damage to determine if it’s still roadworthy. If the vehicle looks obviously damaged or you think driving may be unsafe, call a tow truck to move it. Your choice could have an impact on the safety of other drivers, so it makes sense to be cautious before taking your vehicle back out onto the road.

5) Report the incident
In the ACT, you (or someone you know if you’re incapacitated) are legally required to inform the police about any motor vehicle collision within the first 24 hours. This can be done online by filling out a report form, including details like:

• The accident location.
• Weather, light and road conditions.
• Facts about the collision.

From there, you can use this report to support a claim for compensation. You should also speak to car accident lawyer about the best steps to take when seeking damages. For more information, contact Gerard Malouf & Partners Compensation Lawyers today.

First responders regularly put their lives on the line to protect and serve citizens, so the ACT government has unveiled a new speed limit in order to help emergency services personnel feel safer on the job.

From April 14, drivers must slow down to 40 kilometres per hour (km/h) when passing a roadside emergency vehicle that has flashing red or blue lights. The rule only applies when the responder is either stationary or moving slowly, but in these circumstances, motorists must:

• Approach emergency response vehicles at a speed that enables the driver to safely stop if necessary;
• Give way to first responders who are on foot;
• Pass an emergency vehicle at no more than 40 km/h, or below the applicable speed limit if that is lower than 40 km/h; and
• Proceed at a safe speed until sufficiently far away from the emergency vehicle.

First responders at risk of roadside injuries

Minister for Police and Emergency Services Mick Gentleman and Minister for Road Safety Shane Rattenbury claimed the changes would protect roadside emergency services staff from serious injuries.

“Incidents on our roads place first responders at a high risk of being struck by passing vehicles or debris,” said Mr Rattenbury.

“This new law is consistent with existing speed restrictions in place in other areas where vulnerable road users are commonly found, such as school zones, road works and town centres.”

Drivers that breach the 40-km/h limit will receive a $257 penalty and two demerit points. However, the law does not apply to situations where emergency vehicles are parked or moving slowly on the other side of a road that is divided by a median strip.

Emergency services: a hazardous profession

Since 2003, 47 first responders have lost their lives in the country, with vehicle collisions the most common cause of fatalities, according to Safe Work Australia.

The organisation’s statistics also show emergency services personnel are also four times more likely than any other profession to make serious workers compensation claims. The new speed limit should lower the number of first responder deaths related to road traffic accidents in the ACT.

“Our emergency services are often required to work on or near the road, protecting the community when we are most vulnerable,” Mr Gentleman stated.

“For an emergency services worker, this is their workspace and they have a right to feel safe in their working environment.”

Have you been involved in a car accident in the ACT? You could be entitled to compensation for any injuries you have sustained. Please contact Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers to discuss a potential claim.

Roughly 285,000 motor vehicles are registered in the Capital Territory annually according to ACT Government’s CTP Scheme. Motorists pay for Compulsory Third Party (CTP) insurance as part of their motor vehicle registration in case of vehicle collision, but calls to change the scheme have been increasing in recent years. In order to best suit the needs of road users and to control the rising costs of insurer’s premiums, a citizens’ jury was set up to discuss ways to improve our CTP scheme.

What is a citizens’ jury?
A citizens’ jury is a form of deliberative democracy which advocates greater engagement and discussion from ordinary people over potential law changes. This process is used to get direct and non politically-motivated feedback from the people whom the law under consideration will govern.

Who was on the panel and when did they meet?
The panel was made up of a randomly selected cross-section of normal Canberrans, roughly corresponding to the Territory’s demographics and road usership. After a lengthy feedback process, which included 725 survey responses, the 50-strong jury met over four days in October 2017 to discuss possible improvements to Canberra’s current CTP scheme.

What was on the agenda?
During discussions, the citizens’ jury heard evidence from past CTP claimants and people injured in motor vehicle accidents in the ACT, as well as testimonies and research from medical, legal and insurance experts. The panel were asked the find the right balance between injured people and motor vehicle owners’ interests, with these trade-offs in mind:

• Who is covered.
• When can those eligible access these benefits.
• Scheme efficiency and the value of payouts; versus
• The affordability of insurance premiums.
• Fair outcomes for all parties involved.

How did the discussions proceed?
The jury then handed their initial scheme objectives over to the Stakeholder Reference Group (SRG). This group included insurers, lawyers, a healthcare consumer representative and ACT Government representatives, as well as an insurance scheme designer and actuary.

With this report, the designer, working with the SRG, developed four alternative CTP models in line with the jury’s priorities. These models were also costed by the actuary to determine the different impacts on the premiums drivers already have to pay.

The jury then reconvened last month to discuss these four models and select their favourite.

What were outcomes?
Last month, the citizens’ jury voted on their preferred insurance scheme. Under the new plan, all Canberrans will have access to CTP cover, regardless of whether they were at fault. All people injured in car accidents will have access to a set of defined benefits, while serious injuries caused by another driver’s negligence will be covered by a higher level of insurance.

For more information on motor vehicle accident compensation, contact Gerard Malouf & Partners Compensation Lawyers for a free consultation.

The Australian Road Rules are applicable to all ACT road users, including cyclists, with particular safety regulations for this group. These laws clearly state that any person on a bike must wear a helmet if the bike is moving or unparked, in order to reduce the risk of injury.

Who does this apply to?
This rule applies to everyone, regardless of whether you are riding or a passenger on the bike. The rule also applies on any routes cyclists are able to use in the ACT, including public roads, private roads, off road trails or shared footpaths.

There are, however, some exceptions:

• You are exempt from wearing a helmet if you have a cultural or religious reason not to wear one.
• A medical condition that prevents you from covering your head would also make you exempt from ACT bicycle helmet laws.
• Finally, if you have the bike’s kick stand down, you are considered parked and therefore don’t have to wear your helmet.

What are the helmet requirements?
The cycling helmet you use has to meet the relevant Australian Standards for safety in the ACT and have been approved by the state road transport authority. Any compliant helmet will have an Australian Standards approval sticker on the inside. If you are caught with a helmet that doesn’t meet these strength and safety requirements, you’ll be eligible for a fine.

Additionally, the helmet has to be properly fitted and securely fastened to your head while the bike isn’t parked. If the helmet is ill-fitting or isn’t properly fastened (so could come off when riding), you again may be eligible for a fine.

What happens if I crash while cycling without a helmet in the ACT?
While the ACT’s laws are tough on cyclists who ride without a helmet, it isn’t always the riders to blame for a crash. If you crash because of a pothole or unmarked turn that’s meant to be maintained by the City Council or other public service, you’re not at fault for the accident. In this case, you may be able to claim compensation from the offending party for your medical and other trauma expenses.

If you have suffered a crash that you believe isn’t your fault, you should consult with an expert solicitor. For more information, contact Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers for a free consultation on your case.

Car accident compensation is designed to cover both the economic and non-economic costs (otherwise known as general damages) that road users suffer if they are involved in a crash.

The financial impact of sustaining car accident injuries can be significant, particularly if you are the primary money earner in your family. People also suffer emotional strain following a crash, which is difficult to measure purely in dollars.

But what are the maximum awardable damages for a crash?

Understanding ACT car accident compensation

There is no limit for how much you can receive in damages for your car accident injuries.

Compulsory third-party (CTP) insurance in the ACT is usually more expensive than in other Australians states and territories because there are no caps on either economic losses or general damages.

The expenses these categories cover include:

Economic losses

• Past and future lost income and earning capacity;
• Medical bills and treatments; and
• Care expenses.

General damages

• Pain and suffering;
• Loss of enjoyment of life;
• Loss of life expectancy.

The amount of compensation you receive will therefore be based on various factors, including your age, earning capacity and the seriousness of your injuries.

Canberra crash results in $18.3 million payout

A recent case that went before ACT Supreme Court highlights the extent of damages that judges can award for major accidents.

Last year, a Canberra teenager received $18.3 million after timber planks penetrated a car window and caused her catastrophic brain injuries. The recipient, who was aged eight at the time of the 2007 accident, was in the back seat of her father’s car when the vehicle was rear-ended by a van carrying more than 50 lengths of pine timber.

She now requires lifelong care due to significant neurocognitive impairment and intellectual disabilities, according to the Canberra Times. The driver of the van was found guilty of carrying an unsafe load.

“My daughter’s injuries are really serious, she is my youngest child, and I had hoped she would become a doctor,” the woman’s mother said.

“I want to ensure she will be looked after for the rest of her life, as my husband and I are in our 50s and our other daughters are aged 27 and 21.”

Making a claim for compensation

If you are injured in a car accident in the ACT, you are entitled to make a claim if you are not at fault or only partly to blame for the incident.

CTP insurers may try to challenge your claim, so please contact Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers for personal injury advice as soon as possible after your crash.

Anyone making personal injury claims in the Australian Capital Territory (ACT) must provide the individual or organisation they believe is at fault with notice that they intend to pursue damages.

This requirement also applies to motor accident compensation claims, so there are certain steps you must follow if you are involved in crash. Here are the relevant legislation and timeframes you need to keep in mind for personal injury claims.

Pre-court procedure laws

The Civil Law (Wrongs) Act 2002 governs pre-court procedures for personal injury claims in the ACT. Not all claims go to court, but you should comply with the necessary processes in case the respondent does not accept liability for the accident.

Under Section 51 of the Act, you must provide notice within nine months of:

• The day of the incident; or
• The first day symptoms of the accident appear.

Even relatively minor car accident injuries, such as whiplash, may take days to manifest. The psychological impact of a crash may not become apparent until much later.

However, you only have four months to give notice from the date:

• You instruct a lawyer to offer advice on making a claim; or
• The respondent is identified.

But what if you can’t identify the person you believe is responsible? Or maybe the other road user wasn’t insured? In these situations, you have three months to inform the Nominal Defendant that you intend to claim.

Are there other deadlines to keep in mind?

Compulsory third-party (CTP) insurers and the Nominal Defendant are obliged to pay $5,000 towards any medical expenses you incur within the first six months of an accident.

You are entitled to receive this money even if you are later found to be partly or fully to blame for the crash.

But you must inform the relevant insurer within 30 days of the accident to be eligible. Furthermore, the payout is not an admission of liability on the part of the insurer.

Making a car accident compensation claim in the ACT can be confusing, especially if you have suffered a serious crash and are coping with severe or even life-changing injuries.

That is why you should enlist the services of an experienced personal injury lawyer to assess your case. A no-win, no-fee law firm can fill out the necessary forms on your behalf, gather evidence to support your claim and even fight your case in court if the insurer denies liability.

Contact Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers to learn more about seeking damages.

Even relatively minor car accidents are disorienting, which is why compensation claims will probably be the furthest thing from your mind if you are ever involved in a crash.

However, understanding the steps you should follow when a collision occurs can help ensure the health and safety of you and other road users, while also enabling you to gather evidence if you decide to claim in the future.

This checklist gives you a few guidelines to keep in mind after a car accident.

1. Stop your car

Drivers are legally required to stop their vehicle if they are involved in a collision, even when the crash seems minor. If you or someone you know is behind the wheel, you should pull over immediately when the vehicle is still in motion.

2. Check if anyone is injured

Have you or the people you are travelling with sustained any injuries? What about other road users? You should contact the police or emergency services if someone is seriously hurt or a vehicle needs towing.

3. Exchange details

Ask people who are involved in the car accident, as well as any witnesses or bystanders, for their personal information and contact details. Insurers require this information and it will be useful if you later decide to pursue car accident compensation.

4. Take photos

Details of an accident can become blurry over time, so take photos of any injuries you have sustained and the damage done to your vehicle. These images could prove crucial if your compensation claim ends up in court.

5. Contact your insurer

Once you have taken photos and gathered evidence, you should get in touch with your vehicle insurer to see whether or not they would like you to follow any other steps.

6. Speak to a no-win, no-fee lawyer

You may be entitled to compensation if you sustained injuries in the crash. Moreover, the symptoms of some conditions, such as whiplash, may take a few days to manifest. Contact a no-win, no-fee lawyer in the days after the incident to see whether or not you are eligible for damages.

If you have recently been involved in a crash, please contact one of our personal injury experts at Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers to learn how to pursue a claim.

People who are fault for motor vehicle crashes in Australia are typically excluded from receiving car accident compensation. At best, they are likely to see their claim for damages reduced for contributory negligence.

But at-fault drivers can still experience devastating injuries that place them under a severe emotional and financial burden. This is one of the reasons that the Australian Capital Territory (ACT) government set up the Lifetime Care and Support Scheme (LTCS) in 2014.

The initiative means any road user who is involved in a motor accident in the territory, regardless of fault, can seek financial support for their ongoing care needs if they sustain catastrophic injuries.

However, at least one vehicle involved in the accident must have compulsory third-party insurance for individuals to make a claim. Since July 1 2016, the scheme has also applied to people who suffer workplace injuries.

What is a catastrophic injury?

The criteria for this type of injury are outlined in the Lifetime Care and Support (Catastrophic Injuries) Act 2014. Eligible claimants include those with:

• Spinal cord injuries;
• Amputated limbs;
• Burns;
• Permanent blindness; or
• Brain injuries.

A full list of catastrophic injuries and their definitions are included in the LTCS Guidelines, which you can view here.

People who believe they may be entitled to financial redress should contact the Lifetime Care and Support Commissioner using a Severe Injury Advice Form. This includes a certificate from a treating doctor confirming that the injuries are likely to be considered catastrophic for the purposes of a claim.

If eligible, the commissioner should appoint an LTCS coordinator to assist the injured party to apply for the scheme.

What financial support do applicants receive?

Successful applicants can receive lifetime or interim financial support for costs relating to:

• Treatment;
• Rehabilitation; and
• Ongoing care.

Compensation for lost income and superannuation, as well as damages for pain and suffering and other non-economic losses aren’t available through the scheme. Individuals may also face difficulties if no one involved in the accident had insurance or it was a hit-and-run incident.

Anyone who has suffered car accident injuries in the ACT should therefore contact an experienced no-win, no-fee lawyer to see if they are eligible to claim damages in addition to LTCS support.

Please give a member of the Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers team a call today to discuss your options.

Car accidents can have a huge impact on an individual’s quality of life, especially when the person suffers permanent injuries that hinder their ability to perform day-to-day activities.

Compensation is often available to people who suffer serious injuries following a vehicular crash in the Australian Capital Territory (ACT), but what happens if you were to blame for the accident?

Many people assume they are not entitled to pursue damages if they were responsible. However, this is not always the case, as contributory negligence provides allowances for this type of situation.

How does contributory negligence work?

Contributory negligence is a legal term that refers to clients who are partly or fully to blame for their car accident injuries.

If your case reaches the ACT Supreme Court, a judge will typically be tasked with deciding how much you were at fault for the accident and can reduce the amount of compensation you are awarded accordingly.

For example, the courts have the power to attribute contributory negligence of 100 per cent on the plaintiff, which effectively negates any damages received. Nevertheless, you could still be entitled to a significant payout if your injuries are severe and you are only slightly at fault for the accident.

You should contact an experienced personal injury lawyer to discuss any car accidents in which you are involved. They will be able to gauge your level of responsibility for the crash and weigh up whether or not a claim is likely to succeed.

A real-life example of contributory negligence

In 2016, a Canberra public servant was awarded $12 million after being rendered a quadriplegic when his electric bike collided with a reversing car.

Associate Justice David Mossop ruled the defendant negligent due to his carelessness while reversing out of an obscured shared path at speed.

However, the defendant’s lawyers argued the plaintiff was partly to blame for the accident because he failed to take adequate precautions and was travelling too fast.

While Associate Justice Mossop rejected the contributory negligence claim regarding speeding, he ruled the cyclist had suffered a momentary lapse in concentration by failing to guard against potential hazards. The final award to the plaintiff was $9 million after a 25 per cent reduction for contributory negligence.