In a recent motor vehicle accident case taken on by David Marocchi, one of our Marocchi Law, we were asked to represent our client Lisa* a young girl of 17 at the time of her accident, in a late claim for desperately-needed compensation.
The Legal Requirements:
In the case of a motor vehicle accident, any injured parties must lodge a claim within 6 months in accordance with the Motor Vehicles Compensation act 1999. To pursue a claim after the 6 month claim period, you are required to complete and return a personal injury claim form, but at this point, legislation also requires a full and satisfactory explanation for the delay.
If the courts do not deem the explanation satisfactory, then you may not be able to claim any compensation at all – despite having suffered genuine hardship as a result of the accident.
Lisa sustained serious injuries during a crash where she was a passenger in the vehicle and, due to her youth, situation and inexperience with CTP legal requirements, failed to lodge a claim within the 6 month claim period.
This accident led to over 7 hours of immediate surgery and many months following in hospital for surgical operations, eviction of the family from their rented home due to her parent’s loss of income from caring for their daughter and increasing stress over medical bills.
As is often the case, especially in times of stress and injury, Lisa and her family did not understand her rights and entitlements for compensation for the injuries she suffered as a result of the accident. Caught up in coping with the aftermath of the accident, they missed the lodgment window and weren’t able to receive compensation when they needed it the most.
Over a year after the accident, Lisa saw an advertisement for accident compensation and contacted Marocchi Law. David Marocchi met with Lisa and explained her rights and requirements, helping her and her family clearly understand the situation and prepared them to make their case in court.
We are strongly against insurers and their lawyers trying to avoid paying compensation simply due to the injured party not understanding their rights or the legal requirements in times of hardship.
David Marcochi says, “When I met Lisa, I immediately formed the view that she and her mother, at the time of the accident, did not understand their rights and entitlements when it came to claiming compensation for her injuries.”
In court, Lisa and her mother explained:
- how difficult their situation was at the time of and following the accident
- how they did not understand the CTP system
- that they were simply too overwhelmed by trying to cope with the results of the accident to know their rights for claiming compensation
After a one year and 3 month delay of lodgment, Marocchi Law were able to help Lisa claim the compensation she was entitled to due to the injuries she sustained from the accident.
The judge noted, “no complaint is made about the speed of progress in the matter once it was placed in the hands of MrMarocchi”.
Our team at Marocchi Law are proud to have been able to achieve a positive outcome with Lisa’s case – but our goal is to be there for our clients at the time when they need us most.
If you or someone you love is injured in a motor vehicle accident, contact us right away so we can help you understand your rights, relieve the legal overwhelm during this time of stress and claim the compensation you are entitled to when it matters most.