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For the recovery of compensation, injury suffered by the claimant must occur in an accident for which the claimant is not responsible. For the injuries which are caused in motor vehicle accidents in New South Wales, a personal injury claim can be made by lodging a personal injury claims form. However, to recover compensation, injury in question should have occurred in an accident for which the claimant was not mainly at fault. The compensation may be available for those who get injured in blameless accidents as well as those who were below the age of 16 at the time of the accident as well. Generally, compensation will be awarded for reasonable and necessary medical, pharmaceutical and a variety of other expenses of the claimant. In any case, submitting the personal injury claims form can be the most suitable method when the treatment costs and loss of earnings exceed $5,000, when the claimant is not able to lodge an accident notification form within 28 days of the accident, when vehicle which caused the accident cannot be identified, or when the claimant seeks to recover payments for expenses such as out of pocket expenses and travel expenses and for non economic losses, such as pain and suffering. However, compensation for damage to property or vehicles cannot be claimed using this method. On the other hand, the maximum amount of compensation awarded to a particular claimant will usually depend on a variety of factors, including the nature and extend of the injuries and the personal circumstances of the claimant. The personal injury claim form can be lodged within 6 months of the accident. Once the claim is lodged, the insurer will investigate the accident and determine whether liability can be accepted. The claimant will be informed about the insurer’s decision within three months of the lodging of the claim, in writing.
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