Inner West · Car accident claims

Car accident claim in Marrickville South: which kind do you have?

Just had a crash? Sort out the claim first, then the paperwork.

Some crashes leave a clear path: an identified driver, an insured car, an injury to claim for. Others don't. The driver may have left the scene, the car may have been unregistered, or the crash may have happened in a car park. We help people from Marrickville South work out what kind of claim the facts support, and where it should go first.

Postcode: 2204

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  • Helping people in Marrickville South & Marrickville

What kind of claim is this?

An injury, a damaged car and a missing driver are three different problems. The cards below show where each one generally goes. If more than one fits, you may have more than one claim running at once.

  • You were injured

    An injury goes to a CTP insurer

    If anyone in the crash was hurt, even slightly, there is an injury claim to consider. It runs through a CTP insurer, separately from any damage to the cars, with its own forms and deadlines.

    CTP claims in Marrickville South
  • Your car was damaged

    Car and property damage is a separate claim

    A damaged car, bike or fence is a property claim. It generally goes to your own insurer or the other driver's property insurer, not to CTP, and we don't handle it. Keep it apart from any injury claim.

    What CTP does and doesn't cover
  • Hit-and-run or uninsured

    A driver who fled or had no Green Slip

    A missing or uninsured vehicle doesn't end an injury claim. The Nominal Defendant stands in for the missing insurer. You'll need to show you tried to identify the vehicle, starting with a prompt police report.

    Uninsured or unidentified vehicles
  • Driving for work

    Driving for work usually brings another scheme first

    If you were driving for work, you generally need to claim workers compensation through your employer's insurer first, and CTP benefits are generally not paid on top. A CTP damages claim against an at-fault driver may still be possible, so get advice.

    Crash while working? Quick check
  • Someone died

    When someone died in the crash

    The family of someone who died in a NSW crash may be able to claim funeral expenses and, for dependants, the financial support they lost. Support is available through CTP Assist whenever you're ready to talk.

    After a fatal crash

General information, not legal advice. Some crashes involve more than one claim. Time limits apply.

Crashes around Marrickville South and the kind of claim they lead to

Parramatta Road, Victoria Road and Liverpool Road have kerbside parking and tight lanes, so side-swipes and clipped mirrors are common. Damage to the car is a property matter; any injury goes to a CTP insurer. Around the Marrickville Road shops and the GreenWay shared path, many crashes happen at low speed in car parks, drop-off zones and side streets. A slow bump can still hurt someone, and the kind of claim depends on who was hurt and what was damaged. If you were taken to Royal Prince Alfred Hospital or seen by a doctor soon after, that record shows the crash caused an injury. It is often what turns a crash that seemed damage-only into an injury claim.

Region
Inner West
Postcode
2204
Local landmarks
Marrickville Road shops · GreenWay shared path
Main roads
Illawarra Road · Marrickville Road
Nearest public hospital
Royal Prince Alfred Hospital
A man in a jacket reading through a sheaf of papers on a sofa

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The kinds of claim a car accident can lead to

Most car accident claims fall into a few types. There's the injury claim, made to a CTP insurer. There's the damage claim, made through property insurance. And there are the harder cases: a vehicle that drove off, a vehicle with no insurance, or a crash while you were working. Each goes somewhere different, which is why sorting yours out comes first.

Read next:Which help do I need? Quick check

When a low-speed bump turns into an injury claim

People often decide not to claim because they 'only' had a small crash, then find weeks later that the injury isn't settling. By then the deadlines have been running since the day of the crash. If you were sore after a collision, it's sensible to see a GP, keep the record and at least find out what claim you have, even if you never end up needing it.

Deadlines run from the crash

Time limits for an injury claim count from the date of the accident, not the day the pain started. If you're unsure, check early rather than late.

Read next:The 28-day rule for CTP claims

Repairs, write-offs and hire cars

If only property was damaged and nobody was hurt, there is no CTP claim, and the matter is between the drivers and their property insurers. We don't handle those claims. If someone was hurt as well, keep the two apart in your paperwork and your head. The repair claim can take weeks; the injury claim has deadlines that keep running regardless.

Be careful with anything you sign to settle the car side. Property insurers sometimes ask for a signed release when they pay. Read what it covers before you sign, and if it seems to mention injuries as well as property, get advice first. A release about your car should not quietly close off an injury claim.

Hit-and-run and uninsured vehicles: the Nominal Defendant

A vehicle that can't be identified, or one with no CTP insurance, doesn't leave you without someone to claim against. The Nominal Defendant, a NSW Government-backed fund, stands in for the missing insurer. The injury claim then works in much the same way as any other, and the usual time limits apply from the date of the crash.

  • Report it to police promptly and keep the event number
  • Write down whatever part of the plate you saw
  • Ask nearby businesses and homes about camera footage

Read next:Uninsured or unidentified vehicles

When the other driver won't give their details

A police report made close to the time is useful evidence that the crash happened when and how you say. If police came to the scene, ask for the event number before they leave. If they didn't, report it yourself as soon as you can. Insurers generally treat a claim with no police record more cautiously, so it's worth the effort even for a small crash.

A driver who won't cooperate at the scene doesn't stop your claim. What matters is the vehicle, not the driver's attitude. A number plate lets the vehicle's CTP insurer be identified. Without one, the claim may need to go to the Nominal Defendant instead, which is why a prompt police report and a record of what you saw matter so much.

Read next:CTP claim forms

Starting a claim well in the first week

You don't need everything worked out in the first week, but some things are much easier to collect then than later. Photos, the other vehicle's registration, the names of witnesses and a written note of what happened all help. So does an early visit to a GP, even if you feel mostly fine, because it creates a record that ties any injury to the crash.

  • The other driver's name, address, licence and registration
  • Any police event number you were given
  • A written note of what happened, made that day
  • Receipts for medication, fares and parking at treatment

Read next:Checklist for the first 30 days

Why a claim check comes before the paperwork

If you've read this far and still aren't sure which claim you have, that's normal. Our free claim check starts with what happened and works out which claim, or claims, the facts support. We'll tell you plainly if something isn't a CTP matter, such as car repairs. If it is, we'll point you to the next step, which is often simply lodging the injury claim yourself.

When a car accident claim needs legal help

Whether you need a lawyer depends on the kind of claim you have and how smoothly it's going. A straightforward injury claim against an identified, insured vehicle often doesn't need one. The points below show when advice is commonly worth it.

Often worth talking to a lawyer

  • A property insurer wants a signed release that may mention injuries
  • You were driving for work and aren't sure which claim comes first
  • The other driver disputes that the crash happened the way you say
  • The vehicle drove off and you're unsure what 'due inquiry and search' needs

You may not need one

  • Your symptoms are settling and you're back to your usual routine
  • The other driver gave full details and police have the event number
  • The other vehicle is identified and insured, and your claim is lodged

If a small crash has left you sore, a doctor's record is what makes it an injury claim. Ask us about doctors and allied health who understand CTP claims and the Certificate of Fitness.

Not quite your situation?

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CTP Lawyer is not a law firm. This page is general information, not legal advice; the independent lawyer you speak with can advise on your own situation.

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