Can I claim for motor accidents when no one is at fault?
Car Accident Compensation Guide
Understanding Compensation Claims
Even if you’ve been involved in a motor accident where no specific person is deemed ‘at fault’
(e.g., due to a sudden medical event or unavoidable hazard), you might still be able to claim
compensation through certain schemes. PK Simpson can clarify your entitlements.
Negligence and Contributing Factors
Car accident compensation in NSW. Contributory negligence may still be a factor in blameless accidents.
Fault-Based Claims
Most individuals are aware that compensation is available for road users who sustain injuries
from motor accidents where someone else is at fault. This may be due carelessness behind the wheel,
the consumption of alcohol or various other factors beyond the plaintiff’s control.
Blameless Accidents
NSW legislation enables you to pursue financial compensation for injuries – both physical and
psychological – even when accidents are blameless. These may occur due to sudden illness
or vehicle failure such as brake malfunction.
Contributory Negligence
Courts can reduce compensation if contributory negligence applies, even in blameless accidents,
such as failing to wear a seatbelt.
Blameless Accident in NSW
Case Study: Dowedeit v Nominal Defendant
Dowedeit v Nominal Defendant [2015] is a real-life example of a blameless accident.
There were no witnesses and the plaintiff suffered amnesia.
The Incident
The plaintiff was found lying on the road with multiple serious injuries including broken ribs,
forearm, pelvis and vertebrae, and could not recall how the incident occurred.
Legal Framework
Despite limited proof, the court ruled on the balance of probabilities that a motor vehicle caused
the injuries and classified the incident as blameless.
“It was common ground that if I found that the injuries were caused by a motor vehicle and that there was no negligence, then the incident was a blameless motor accident.”
“Section 7C of the Motor Accidents Compensation Act 1999 presumes the accident to be blameless where alleged and not disproven.”
Blameless car accident compensation may still apply even when no one is at fault.
How Much Compensation Could I Receive?
What Compensation Covers
An experienced NSW compensation lawyer can assess your case, gather evidence and advise
on settlements or court proceedings.
Types of Coverage
Compensation may include loss of income, medical expenses, care costs and other losses,
subject to contributory negligence.
Case Example and Outcomes
Mr Dowedeit was initially awarded $349,100, later reduced by 50% due to contributory negligence.
Final Judgment
The court found the plaintiff would likely have seen the oncoming car if paying attention,
reducing compensation to $174,550.
Have you been in a car accident? Contact a personal injury lawyer to check your eligibility.
Frequently Asked Questions
If you’ve had a motor car accident, stop your vehicle and turn on your hazard lights. Make sure nobody is injured, and if so, call emergency 000 and remain at the scene of the accident. If it’s a minor incident you don’t need to call the police, but move the damaged cars if possible.
Never admit responsibility even if you think you were at fault. Collect name, address, registration number and insurance details from the other parties and get witness details if possible.
If you’ve had a motor car accident, stop your vehicle and turn on your hazard lights. Make sure nobody is injured, and if so, call emergency 000 and remain at the scene of the accident. If it’s a minor incident you don’t need to call the police, but move the damaged cars if possible.
Never admit responsibility even if you think you were at fault. Collect name, address, registration number and insurance details from the other parties and get witness details if possible.
If you’ve had a motor car accident, stop your vehicle and turn on your hazard lights. Make sure nobody is injured, and if so, call emergency 000 and remain at the scene of the accident. If it’s a minor incident you don’t need to call the police, but move the damaged cars if possible.
Never admit responsibility even if you think you were at fault. Collect name, address, registration number and insurance details from the other parties and get witness details if possible.
If you’ve had a motor car accident, stop your vehicle and turn on your hazard lights. Make sure nobody is injured, and if so, call emergency 000 and remain at the scene of the accident. If it’s a minor incident you don’t need to call the police, but move the damaged cars if possible.
Never admit responsibility even if you think you were at fault. Collect name, address, registration number and insurance details from the other parties and get witness details if possible.
If you’ve had a motor car accident, stop your vehicle and turn on your hazard lights. Make sure nobody is injured, and if so, call emergency 000 and remain at the scene of the accident. If it’s a minor incident you don’t need to call the police, but move the damaged cars if possible.
Never admit responsibility even if you think you were at fault. Collect name, address, registration number and insurance details from the other parties and get witness details if possible.