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Under the laws of compensation nsw, it may be necessary for the person who injured in an accident to submit a personal injury claim notification, to receive certain benefits. If you have sustained injuries in a motor vehicle accident in New South Wales, you may be eligible to claim compensation nsw by submitting a personal injury claim form in certain circumstances. At the outset, you will have to show that the accident was caused or mainly caused by another vehicle, which means if you were primarily responsible for the accident caused, you cannot seek compensation under this method. However, those who were below the age of 16 at the time of the accident can receive benefits available under personal injury claim form, even if they were primarily responsible for the accident. In addition, those who get injured in blameless accidents can also make a personal injury claim for the injuries they sustain. The definition of blameless accidents is found in Division 7A of the New South Wales Motor Accident compensation Act 1999 No 41, which says, a motor accident is blameless if it is “not caused by the fault of the owner or driver of any motor vehicle involved in the accident in the use or operation of the vehicle and not caused by the fault of any other person.” Using this method, the injured person can receive compensation for reasonable and necessary medical rehabilitation and other expenses, economic losses including loss of income and out of pocket expenses and non economic losses including pain and suffering. The personal injury claim notification should be submitted within 6 months of the date of the accident. Resorting to this method will be necessary where the expenses and losses the injures person has to incur is likely to exceed $ 5,000, where the injured person has failed to make an accident notification form within 28 days of the accident, where the vehicle which caused the accident cannot be identified or where the injured person seeks to claim other types of compensation which are not available under accident notification form.
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