COSTLY MISTAKE FOR CAR ACCIDENT ADELAIDE CASE

A recent decision of the District Court has highlighted the importance of not only selecting the correct court to hear your car crash accident claim, but also ensuring that the assessment of what your claim is worth is continually revisited. The elderly plaintiffs in this case commenced their claims in June 2013 in the District Court for injuries sustainedin two separate car crashesin Adelaide.While the other drivers in each accident admitted they had driven negligently,they denied the plaintiffs were injured or that the injuries were as...

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WHEN A CAR ACCIDENT CLAIM HAPPENS AT WORK

The issues that can arise when a person is injured at work as the result of a car accident were highlighted in a recent District Court case. The plaintiff was hit by a car while crossing the road to do her employer’s banking. As she was entitled to Workers Compensation a claim was made, although there was a delay before she began to receive weekly income maintenance payments. When there is a delay in paying an injured worker compensation for lost income then they are entitled to interest and in this case, as a result WorkCover had to pay...

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$600,000 FOR NOT WEARING A SEATBELT – WHO’S AT FAULT?

A woman who was left a paraplegic after suffering catastrophic injuries in a car accident appealed the decision of a Court to reduce her damages of $2,400,000 by nearly $600,000 because she wasn’t wearing a seatbelt. The case involved provisions under the Civil Liability Act that reduce a person’s claim for damages as a result of a car accident by 25% if they were not wearing a seatbelt regardless of whether that was the reason for the injury. It also concerned a separate section that reduces a passenger’s damages by 50% if the accident...

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WHAT NEEDS TO BE DONE WHEN YOU’RE INJURED IN A HIT AND RUN CAR ACCIDENT?

Many people are not aware that if you are injured in a car accident and the other driver fails to stop and can’t be located a claim for compensation for injuries sustained can still be made. If you are involved in a hit and run accident and the identity of the other driver at fault can’t be ascertained after ‘due inquiry and search’ a compensation claim can still be made against ‘the Nominal Defendant’. The Nominal Defendant is in fact a scheme by which a party – or defendant – is created in name only for the purposes of...

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