PK Simpson Blog8 min read

Car condition is owner’s responsibility

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PK Simpson Lawyers

PK Simpson

A mechanic in blue coveralls explains something under the open hood of a car to a woman in a white sweater and red scarf, possibly after a car accident Sydney locals might face. The woman leans forward attentively in the garage setting.

As a car owner, maintaining your vehicle in a good, roadworthy condition is your legal responsibility. Failure to do so can have serious implications in the event of an accident. PK Simpson can advise if vehicle condition contributed to your CTP claim.

Driving in New South Wales can be a dangerous endeavour. This is compounded when a vehicle is not in a roadworthy state. In cases like these it is essential you talk to a compensation lawyer, who can help you meet the costs of your medical bills that arise from a crash involving a poorly maintained vehicle.

But who is responsible for a crash if you are not the owner of the car you are driving? A 2011 case before the New South Wales Court of Appeal can help people understand the obligations of car owners when someone else is driving their vehicle.

Driving crashes increasing in New South Wales

With so many people on the road, New South Wales drivers face a number of hazards that sit outside of their control.

Figures released by the state government show there was a 21 per cent increase in road deaths between February 2015 and 2016, rising by 61.

This followed a report highlighting that 2015 recorded the highest road toll in three years. NSW Roads Minister Duncan Gay noted that distracted and texting drivers were a growing concern.

With increasing risks on the road, it is important to stay alert. If something does go wrong, contacting an injury lawyer can help you understand your options.

Mechanical issues can also play a major role in serious accidents. In some cases, the mechanical condition of the car can significantly affect a driver’s ability to remain in control.

Online car insurance application

Bald tyres lead to major crash

A 2011 case taken to the New South Wales Court of Appeal highlighted the responsibilities and obligations between a vehicle owner and a driver.

The plaintiff was asked to drive the defendant’s vehicle because the owner was intoxicated. While driving through a roundabout, the plaintiff lost control and crashed into a telegraph pole.

The loss of control was attributed to bald tyres. The court found that the owner had a duty to ensure the vehicle was safe and should not have allowed it to be driven.

Defective car can lead to owner liability

If a vehicle owner is aware of faults, they owe a duty of care to the driver. Warning the driver alone may not be sufficient if the owner fails to prevent use of an unsafe vehicle.

The court also ruled that a driver is not required to question roadworthiness if they have no reasonable cause to doubt the vehicle’s condition.

What can we learn from the case?

This case highlights that vehicle owners are responsible for roadworthiness and owe a duty of care to drivers. Drivers are generally not liable if defects are unknown to them.

In situations involving serious injury and medical costs, seeking assistance from an experienced compensation lawyer is critical.

PK Simpson operates on a no win, no fee basis, ensuring legal costs are deducted only from a successful settlement. To learn more, contact PK Simpson today.

Frequently Asked Questions

At PK Simpson, with over 45 years of experience since 1977, our legal service has expert car accident lawyers who deal with all kinds of car accident claim payouts and compensation, and we operate on a No Win, No Fee basis. Motor vehicle compensation can be tricky, so you need professional help to make a claim. Be aware, though, that you need detailed information on the legal costs that can be charged for statutory benefits CTP Insurance car accident claims in NSW, so click on this link.

Call us today on 1300 757 467 for a free, no-obligation consultation to discuss your claim. Remember: No Win, No Fee means you only pay if we win your case.

See above. However, the length of time you have to make your claim depends on the jurisdiction.

For instance:

  • TPD claims – these may be commenced up to 10 years after you’ve stopped work. TPD claims are very technical, and you may have more than one TPD claim.
  • Car accident claims – A personal injury claim form should be filled in and sent to your CTP insurer as early as possible, but must be no later than six months from the date of your accident. HOWEVER, out-of-time claims may be made. New NSW CTP laws have made it difficult for injured people, and many law firms still do not understand how to run new claims under these laws – so call us at PK Simpson on 1300 757 467 as soon as possible.
  • Workers compensation claims – You should contact a lawyer within six months of the accident. But remember, out-of-time claims can be handled by PK Simpson. We can help you get the treatment required to build your claim.
  • Slip ‘n’ fall/occupiers liability claims – Your claim must be lodged usually within three years of the date of your accident.
  • Medical Negligence – within three years of the date of when the cause of action was discoverable to our client OR 12 years from the time of the act or omission which caused the injury through negligence.

If you’re unsure about time limits for your specific claim, call us on 1300 757 467 for clarity.

When lodging a claim for car accident injury compensation after a motor vehicle accident, it’s best to do it as soon as possible. However, it isn’t always feasible if you were severely injured and couldn’t file a car accident claim straight away. You must lodge your claim within 6 months of the crash. However, out-of-time claims may be possible. Get someone to call a lawyer at PK Simpson for you on 1300 757 467 to lodge a claim as soon as you’re able.

Motor accident compensation claims for car accident personal injury are normally finalised after you’ve recovered or your injuries have stabilised. It can take some people longer to recover than others – from days to years – which determines the length of time it can take to finalise a claim. Also, your injuries may not always appear immediately after the accident and can take some time to appear, in some cases, years. Don’t wait to seek legal advice. Call PK Simpson on 1300 757 467 to understand your options.

If you’ve been injured in a car accident, the police must be notified as soon as possible but within 28 days. You will need to complete a Motor Accident Act Personal Injury Claim Form or get help from PK Simpson car accident lawyers to do so.

You will need to consult a doctor or hospital and get a medical certificate. Gather the certificate and all the receipts and accounts you accrued for your medical treatment and any out-of-pocket expenses. This documentation, plus the police report, is sent to the CTP insurer of the motor vehicle you believe is at fault. You will receive a CTP reference number, and a decision will be made to ascertain who was liable.

If liability is accepted, the insurer is obliged to pay for the following:

  • Reasonable or necessary hospital, medical, rehabilitation, pharmaceutical, respite care and attendant care expenses
  • Reasonable and necessary travel and accommodation expenses associated with any treatment or rehabilitation provided

If the CTP insurer denies liability, you should contact your solicitor immediately. To be sure, it’s best to see a lawyer to handle your claim. Call PK Simpson on 1300 757 467 for expert guidance.

If you’ve had a motor car accident, stop your vehicle and turn on your hazard lights. Make sure nobody is injured, and if so, call emergency 000 and remain at the scene of the accident. If it’s a minor incident, you don’t need to call the police, but move the damaged cars if possible. Never admit responsibility, even if you think you were at fault. Collect the other parties’ names, addresses, registration numbers, and insurance details and get witness details if possible. Once you’re safe, call PK Simpson on 1300 757 467 to discuss your rights and next steps.

If you’ve had a motor car accident, stop your vehicle and turn on your hazard lights. Make sure nobody is injured, and if so, call emergency 000 and remain at the scene of the accident. If it’s a minor incident you don’t need to call the police, but move the damaged cars if possible.

Never admit responsibility even if you think you were at fault. Collect name, address, registration number and insurance details from the other parties and get witness details if possible.

Explore our comprehensive resources on traffic accidents to better understand your rights and the complexities of these cases.

Types of Traffic Accidents

Compensation Information

Legal Resources

Related Blog Posts

Additional Resources

For expert legal advice on traffic accidents and to discuss your potential claim, contact PK Simpson today. We're here to help you understand your rights and get the compensation you deserve.