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What to do if you are injured in an uninsured car accident?

In New South Wales, all motor vehicles must be insured with a green slip policy in order to be registered. Green slip insurance is a personal injury policy for the protection of people involved in a motor vehicle accident. It covers the car owner, anyone else driving the car, the passengers, and anyone else injured by the car in an accident. While it covers losses arising from a motor vehicle injury, it does not cover damages to vehicles and property from a road accident. Except for fleet owners and motor dealers, car owners can choose between a 6-month policy or a 12-month policy when purchasing green slip insurance. For driving a vehicle with expired insurance, you will be charged with $1,200. Only the drivers of the limited road access vehicles may be permitted to uninsured vehicles for special conditions.

car on the road

Green slip insurance claim

Green slip insurance scheme allows you to claim compensation after a motor vehicle accident unless you engaged in a serious driving offence in the accident, or you were at fault and driving an uninsured vehicle. Benefits you may be entitled to include income support payments, reasonable medical expenses, funeral expenses, vocational rehabilitation and compensation for pain and suffering, depending on the circumstances. For accidents occurring on or after 1 December 2017, you can claim compensation for 6 months from the date of the accident, regardless of your fault. Income support payments and compensation for medical expenses will cease after 6 months if you were fully or mostly at fault or your injuries are assessed as minor injuries. Minor or soft tissue injuries are typically those in muscles, tendons, and ligaments but do not include injury to nerves or a complete or partial rupture of tendons, ligaments, menisci or cartilage. You can also make a claim if you are a legal representative or a dependent of a deceased person in a motor vehicle accident.

car key repair

Time limits

You can make a green slip claim within 3 months from the date of the accident by completing an Application for Personal Injury Benefits and getting your doctor to complete a Medical Certificate. You should then submit both documents to the green slip insurer. This should ideally be done within 28 days so that you can receive statutory benefits from the date of the accident. What if you were injured in a road accident involving a motor vehicle which did not have green slip insurance? If you were the party without green slip and mostly at fault in the accident, you may have to cover for other parties’ losses from out of your pocket, since you do not have an insurer to make such payment instead of you. If you weren’t at fault and the other party demands payment, you may require to get legal support in order to dispute it. Being the owner of an uninsured vehicle will likely strip you of the various rights and entitlements you may obtain as a result of a road accident, regardless of the degree of your fault. If you already sustained an injury from a road accident where you were the driver of an uninsured vehicle and were not mostly at fault, getting help from our experienced green slip lawyers may alleviate some of the burdens for you.

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