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When a Mystery Motorist is At Fault

Car Accident Lawyer – Nominal Defendants

If you or someone you know has been injured in a car accident, compensation may still be available even if the identity of the person at fault and liable is unclear.

These situations can arise where there is a hit and run scenario, when an uninsured or unregistered driver is at fault, or other circumstances make it difficult to identify the individual against whom a claim can be made.

The law in NSW appoints a Nominal Defendant in most situations where the at-fault individual cannot be identified for the purposes of claiming compensation. In order for this to occur the claimant must prove that certain steps were taken towards attempting to identify the individual. That is, the courts require “due search and inquiry” be undertaken to ascertain the person’s identity before the claim can proceed.

If this process has been carried out and sufficient evidence of it has been obtained, confirmation that due search and inquiry was performed can be provided by oral evidence or affidavit of the person who undertook the process.
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Autonomous Emergency Braking Systems

Personal Injury Lawyer – introducing Autonomous Emergency Braking Systems

In 2009 Volvo introduced autonomous braking systems into car manufacturing. These systems involve the use of sensors such as a lasers and cameras to identify the risk of crashing, and automatically applying brakes where a collision appears imminent.

Recent research has shown cars with this technology can prevent collision with vehicles in front of them by up to 38%. Rear end crashes could be reduced by 35% and their severity minimised by 53%.

Autonomous braking is becoming mandatory in many parts of Europe and the US, however it remains an optional inclusion for the Australian vehicle manufacturing market. Out of the top 100 selling cars in Australia last year, only 13 had autonomous emergency braking.

However, from 1 January 2018 vehicles will only receive a 5-star ANCAP (Australasian New Car Assessment Program) safety rating if they are fitting with an autonomous braking system.

Findings previously gathered by the Insurance Institute for Highway Safety (IIHS) found that systems warning the driver of an imminent collision without intervening in braking also reduce crashes by 23 per cent.
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Motor accidents in NSW

You may have viewed this frightening footage of a near-miss between a school bus and semi-trailer on Sydney M5 motorway recently. Considering what might have happened, it’s enough to make you look twice next time you’re on the roads.

Unfortunately, not all Sydney drivers and their passengers are so lucky. During 2016, there were 384 road fatalities in NSW alone and many more seriously or otherwise injured in motor accidents.

If you are injured in a motor accident, you may be able to claim compensation for your injuries.

While a limited amount of compensation is often available for at-fault drivers, third party compensation claims for passengers or drivers who were not at fault can be significant.

Initally, an Accident Notification Form lodged within 28 days of the accident can provide treatment expenses up to $5,000 regardless of fault.

Further injury compensation can be claimed by lodging a Personal Injury Claim Form against the insurer of the at-fault driver within 6 months of the accident.
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Changes to Motor Accident Scheme in NSW

The NSW Government has now passed the Motor Accident Injuries Act 2017 and it is expected to become law later this year. The new compulsory third party laws will change the insurance scheme for people who are injured as a result of a motor vehicle accident.

The proposed law establishes a hybrid scheme. The benefits available to injured people will now be determined based on whether their injuries are soft tissue or minor psychological injuries, or more significant injuries.

The aim is to provide all injured people with income and other support after they lodge a claim.

The changes are similar to the NSW Workers Compensation scheme; provisions will be made for a form of statutory income, and medical and care benefits paid for up to six months without the need for fault to be proven.

If you have suffered personal injuries in a motor vehicle accident, speaking to a lawyer can help clarify your options and entitlements.

Our Personal Injury Lawyers can provide practical solutions and exceptional results in relation to your compensation claim, on a No Win, No Fee basis.  Call 1300 773 529 or email a personal injury lawyer at We can then arrange an initial telephone conference to discuss.
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