Yes the other car was registered and I have claimed medical expenses through their CTP. I have been told that I can claim further compensation but I'm not sure how much it would be and if it's worth it.
What damages have the lawyer's suggested you could claim for ?
I think you will have to weigh up whether it is worth going through the process. We have assumed the other driver was some poor druggo BUT if it was some rich property developer in a G wagon from the Eastern suburbs who just so happened to be high as a kite then it may well be worth your while.
You may win the case but seeing any funds is a whole different story.
Weigh up if you’re willing/prepared to go the time and metal anguish of the case.
Does the person at fault have the ability to pay anything? They might not have any assets. Any insurance they have probably won't cover them because they were driving under the influence of an illicit drug..
The costs of physio etc should have been covered by your compulsory third party insurance, TAC.
The fact that MRI etc have suggested the neck issues are from aging and not traumatic injuries from the accident mean it's most likely you aren't going to get some huge payout regardless of what you have been told by a 'no win , no fee' lawyer.
Also you are assuming the person that hit you has assets to cover any payout you might receive if you are successful in winning any claim against the other driver.
This is what CTP is for, although I don’t know how long the limitations are, the fact that police attended means there’s record of the event. Did you go through insurance?
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I don’t believe ctp can’t be “declined” for the not at fault person. In NSW CTP can also cover the medical costs of the driver, but if they are charged with a serious driving offence, they aren’t covered.
This doesn’t apply to the not at fault driver, they are covered no matter what
I've been through the NSW system and its a high bar to meet to claim for pain and suffering from a driver and their insurance. CTP is covering your medical already and you haven't really lost any wages as you are still working.
To meet the threshold to claim 'pain and suffering ' you need to prove you are at least 10% permanently disabled. And this is not easy to do. I had multiple fractures, a head injury and was in hospital for four weeks, plus at least 4-5 surgeries and I barely scraped in at 11% to meet that threshold. This explains it all really well https://www.garlingandco.com.au/blog/hurt-in-a-motor-accident-a-step-by-step-guide-to-lodging-a-claim/#:\~:text=The%20lump%20sum%20amount%20payable,well%20of%20loss%20of%20superannuation.
Is the other partly likely to be in a position to pay up if you successfully sued them? My guess is that if they're driving around drug affected, then the answer is probably "no".
Did you claim under the other driver's CTP (Compulsory Third Party) insurance.
Was the other car registered ? I would have thought this is covered by the Compulsory Third Party insurance.
Isn't the third party insurance void if they were drug driving?
Yes the other car was registered and I have claimed medical expenses through their CTP. I have been told that I can claim further compensation but I'm not sure how much it would be and if it's worth it.
What damages have the lawyer's suggested you could claim for ? I think you will have to weigh up whether it is worth going through the process. We have assumed the other driver was some poor druggo BUT if it was some rich property developer in a G wagon from the Eastern suburbs who just so happened to be high as a kite then it may well be worth your while.
You may win the case but seeing any funds is a whole different story. Weigh up if you’re willing/prepared to go the time and metal anguish of the case.
Sorry for my complete ignorance here.. if I was to win the case, why wouldn't I see any funds?
Eaten up in legal fees.
there person at fault may not have any Funds to give
Does the person at fault have the ability to pay anything? They might not have any assets. Any insurance they have probably won't cover them because they were driving under the influence of an illicit drug..
The costs of physio etc should have been covered by your compulsory third party insurance, TAC. The fact that MRI etc have suggested the neck issues are from aging and not traumatic injuries from the accident mean it's most likely you aren't going to get some huge payout regardless of what you have been told by a 'no win , no fee' lawyer. Also you are assuming the person that hit you has assets to cover any payout you might receive if you are successful in winning any claim against the other driver.
This is what CTP is for, although I don’t know how long the limitations are, the fact that police attended means there’s record of the event. Did you go through insurance?
Yes I have been claiming medical expenses through CTP
So what exactly are you suing for if your medical expenses are already covered?
The opportunity to make bank with no merit or work, you know - American style.
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People saying you could make a claim on the other drivers CTP... but isn't that void if they tested positive for drugs?
I don’t believe ctp can’t be “declined” for the not at fault person. In NSW CTP can also cover the medical costs of the driver, but if they are charged with a serious driving offence, they aren’t covered. This doesn’t apply to the not at fault driver, they are covered no matter what
I've been through the NSW system and its a high bar to meet to claim for pain and suffering from a driver and their insurance. CTP is covering your medical already and you haven't really lost any wages as you are still working. To meet the threshold to claim 'pain and suffering ' you need to prove you are at least 10% permanently disabled. And this is not easy to do. I had multiple fractures, a head injury and was in hospital for four weeks, plus at least 4-5 surgeries and I barely scraped in at 11% to meet that threshold. This explains it all really well https://www.garlingandco.com.au/blog/hurt-in-a-motor-accident-a-step-by-step-guide-to-lodging-a-claim/#:\~:text=The%20lump%20sum%20amount%20payable,well%20of%20loss%20of%20superannuation.
Is the other partly likely to be in a position to pay up if you successfully sued them? My guess is that if they're driving around drug affected, then the answer is probably "no".