Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 31 March 2018.
Josh is 38 years old and married with two young children. On Wednesday 28 February 2018, Josh is involved in a serious car accident with another vehicle and fractures his right arm.
After attending the accident scene, the police interview Josh but it is unclear who was at fault for the accident.
Josh spends a few days in hospital and is sent home in a cast. Josh’s Doctor informs him that he will be unable to work for at least 10 weeks.
Josh is greatly concerned because he was working as a casual employee and his wife does not earn an income. As a casual, Josh does not have access to any paid leave entitlements and his employer does not have work that Josh can perform with his injuries.
The weeks pass by and Josh falls into debt. On Thursday 29 March 2018, after discussing the issue with his family, Josh seeks advice from his solicitor.
Josh is advised that, under the new Motor Accident Injuries Act 2017, he is eligible to claim statutory payments in relation to his lost income and medical expenses. The statutory benefits are payable to at-fault drivers for up to 6 months.
Josh will only receive payments in relation to his lost wages from the date he makes his claim. However, if Josh had made a claim by Wednesday 28 March 2018, being 28 days after the accident, he would have been back-paid to the date of the accident.
The other driver is subsequently found to be at fault for the accident and Josh is advised by his solicitor that he is eligible to make a claim for damages.
Josh is informed that, because he was not at fault, he will likely recover the lost wages for the month of March 2018, but not until his damages claim is ultimately finalised.
If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
