Personal Injury Claims in New South Wales
claim – a claim for damages in respect of the death of injury to a person caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle
- a person riding and operating a motor cycle, and
- a person for the time being in charge of a motor vehicle.
fault – means negligence or any other tort.
injury – personal or bodily injury and includes:
- pre-natal injury, and
- psychological or psychiatric injury, and
- damage to artificial members, eyes or teeth, crutches or other aids or spectacle glasses.
medical assessment matters –
- whether the treatment provided or to be provided to the injured person was or is reasonable and necessary in the circumstances,
- whether any such treatment relates to the injury caused by the motor accident,
- whether the degree of permanent impairment of the injured person as a result of the injury caused by the motor accident is greater than 10%.
motor accident – an incident or accident involving the use or operation of a motor vehicle that causes the death of or injury to a person where the death or injury is a result of and is caused (whether or not as a result of a defect in the vehicle) during:
- the driving of the vehicle, or
- a collision, or action taken to avoid a collision, with the vehicle, or
- the vehicle’s running out of control, or
- a dangerous situation caused by the driving of the vehicle, a collision or action taken to avoid a collision with the vehicle, or the vehicle’s running out of control.
non-economic loss – means:
- pain and suffering, and
- loss of amenities of life, and
- loss of expectation of life, and
- in the case of a motor vehicle that is registered, the
(i) each registered operator of the vehicle within the meaning of the Road Transport Act 2013 , unless the operator has sold or ceased to have possession of the vehicle, and
(ii) each person who, although not a registered operator of the vehicle, is a sole or joint owner of the vehicle, unless that person has sold or ceased to have possession of the vehicle, and
(iii) if any such registered operator or owner has sold or ceased to have possession of the vehicle-any person who solely or jointly or in common with any other person is entitled to the immediate possession of the vehicle, or
- in the case of a motor vehicle that is unregistered, the
“owner” is any person who solely or jointly or in common with any other person is entitled to the immediate possession of the vehicle, or
- in the case of a motor vehicle to which a trader’s plate is fixed, the
“owner” is the trader to whom the trader’s plate is issued.
permanent Impairment – impairment is an alteration to a person’s health status, which is mean some deviation from a normal condition in a body part or organ system and its functioning.
rehabilitation – of an injured person, means the process of restoring or attempting to restore the person, through the combined and co-ordinated use of medical, social, educational and vocational measures, to the maximum level of function of which the person is capable or which the person wishes to achieve and includes placement in employment and all forms of social rehabilitation such as family counselling, leisure counselling and training for independent living.
use or operation of a motor vehicle includes:
- the maintenance or parking of the vehicle, or
- in the case of a motor vehicle that is not a trailer-the use or operation of a trailer attached to the motor vehicle and a trailer running out of control having become detached from the motor vehicle towing it, or
- in the case of a motor vehicle that is a tow truck-the use or operation of an uninsured motor vehicle that is being towed or carried by the tow truck.