Motor Vehicle Accidents

Have you been involved in a motor vehicle collision where you are the innocent party? Motor vehicle claims can include the following:

• Motor vehicle accidents (e.g. collisions)
• Motorcycle and bicycle accidents
• Accidents involving pedestrians
• Heavy vehicle accidents
• Accidents involving property damage

It is essential that where possible, as much information is collected from the accident as possible. Our experienced compensation lawyers can assist you with:

• Evaluating your claim
• Collecting important information including details of other vehicles involved (and their insurance details), hospital receipts, medication, etc
• Explanation of police reports
• Contacting the insurance companies involved on your behalf

Client Steps Moving Forward

Following a motor vehicle collision, where you have completed a LWS Motor collision form, we will require a copy of the vehicle registration certificate and any other necessary documentation relating to this collision. If you are comprehensively insured, we recommend that you lodge a claim with your insurer marked “Report Only”. This will protect your rights and will not affect your no claim bonus if a claim is not made. We will then act on your behalf to recover any/all losses suffered as a result of the motor collision caused by the offending/at fault party. There is no need for you to communicate the at fault party, as we will negotiate on your behalf.

LWS Lawyers will do as follows as acting solicitor

Your vehicle will be assessed by qualified independent assessor. There is no need for you to obtain any further quote. Upon recovery of funds, we will pay the repairer directly for the repair cost and any other related costs will be recovered by the offending party or their insurance company. The repairer will also contribute to these costs and charges. There will be no cost to you except in circumstances. Please contact us to further discuss.

Overarching Obligations for all Motor Vehicle Clients

Please read through the below overarching obligations and contact us to further discuss.

PART 2.3—THE OVERARCHING OBLIGATIONS

16 Paramount duty

Each person to whom the overarching obligations apply has a paramount duty to the court to further the administration of justice in relation to any civil proceeding in which that person is involved, including, but not limited to—

1. any interlocutory application or interlocutory proceeding;
2. any appeal from an order or a judgment in a civil proceeding;
3. any appropriate dispute resolution undertaken in relation to a civil proceeding.

17 Overarching obligation to act honestly

A person to whom the overarching obligations apply must act honestly at all times in relation to a civil proceeding.

18 Overarching obligation— requirement of proper basis

A person to whom the overarching obligations apply must not make

any claim or make a response to any claim in a civil proceeding that—

1. is frivolous; or
2. is vexatious; or
3. is an abuse of process; or
4. does not, on the factual and legal material available to the person at the time of making   the claim or responding to the claim, as the case requires, have a proper basis.

19 Overarching obligation to only take steps to resolve or determine dispute

For the purpose of avoiding undue delay and expense, a person to whom the overarching obligations apply must not take any step in connection with any claim or response to any claim in a civil proceeding unless the person reasonably believes that the step is necessary to facilitate the resolution or determination of the proceeding.

20 Overarching obligation to cooperate in the conduct of civil proceeding

A person to whom the overarching obligations apply must cooperate with the parties to a civil proceeding and the court in connection with the conduct of that proceeding.

21 Overarching obligation not to mislead or deceive

A person to whom the overarching obligations apply must not, in respect of a civil proceeding, engage in conduct which is—

1. misleading or deceptive; or
2. likely to mislead or deceive.

22 Overarching obligation n to use reasonable endeavours to resolve dispute

A person to whom the overarching obligations apply must use reasonable endeavours to resolve a  by agreement between the persons in dispute, including, if appropriate, by appropriate

dispute resolution, unless—

1. it is not in the interests of justice to do so; or
2. the dispute is of such a nature that only judicial determination is appropriate.

Example: A proceeding where a civil penalty is sought may be of such a nature that only judicial determination is appropriate.

23 Overarching obligation to narrow the issues in dispute

If a person to whom the overarching obligations apply cannot resolve a dispute wholly by agreement, the person must use reasonable endeavours to—

1. resolve by agreement any issues in dispute which can be resolved in that way; and
2. narrow the scope of the remaining issues in dispute— unless—
3. it is not in the interests of justice to do so; or
4. the dispute is of such a nature that only judicial determination is appropriate.

24 Overarching obligation to ensure costs are reasonable and proportionate

A person to whom the overarching obligations apply must use reasonable endeavours to ensure that legal costs and other costs incurred in connection with the civil proceeding are reasonable and proportionate to—

1. the complexity or importance of the issues in dispute; and
2. the amount in dispute.

25 Overarching obligation to minimise delay

For the purpose of ensuring the prompt conduct of a civil proceeding, a person to whom the

overarching obligations apply must use reasonable endeavours in connection with the civil proceeding to—

1. act promptly; and
2. minimise

26 Overarching obligation to disclose existence of  documents

1. Subject to subsection
2. , a person to whom the overarching obligations apply must disclose to each party the existence of all documents that are, or have been, in that person’s possession, custody or control—
   1. of which the person is aware; and
   2. which the person considers, or ought reasonably consider, are critical to the resolution of the dispute.
3. Disclosure under subsection (1) must occur at—
   1. the earliest reasonable time after the person becomes aware of the existence of the document; or
   2. such other time as a court may direct.
4. Subsection (1) does not apply to any document which is protected from disclosure—
   1. on the grounds of privilege which has not been expressly or impliedly waived; or
   2. under any Act (including any Commonwealth Act) or other law.
5. The overarching obligation imposed by this section—
   1. is an ongoing obligation for the duration of the civil proceeding; and
   2. does not limit or affect a party’s obligations in relation to discovery.

Contact us to find out more or to arrange a consultation with an experienced MVA lawyer in Melbourne.