Valet crashes car at the Hyatt Regency Hotel – His rights to compensation
A picture tells a thousand words – this photo of the valet park gone horribly wrong at the Hyatt Regency Hotel in Sydney – is pretty graphic. The valet had to be cut out of the car but thankfully was not at all injured (although he was offered the rest of the day off work). According to the stories in the media, there were no other drivers involved and, unless there was some mechanical defect in the vehicle, it looks like what may have happened is that the accelerator was applied instead of the brake and the valet driver was at fault and caused this accident.
The NSW Government introduced a new motor accident compensation scheme for all accidents occurring after 1 December 2017. The scheme allows drivers whose fault causes an accident to claim benefits including loss of income, treatment for their accident related injuries and care or assistance required to help them recover from their injuries, subject to the following restrictions:
- Injured drivers who are mostly at fault, only receive benefits for the first 26 weeks after the accident (if the valet in this accident had been injured and was at fault he would be entitled to 6 months wage loss if he could not work and his treatment and care would be paid for)
- Injured drivers who are injured in a car accident when at work cannot receive benefits if they have made a workers compensation claim and liability for that claim has been accepted (if the valet in this accident had been injured and made a workers compensation claim which is accepted then he cannot make a motor accident claim);
- Injured drivers charged with or convicted of a ’serious driving offence’ get no benefits at all (the media have indicated the police are investigating the incident but may not press charges as the accident occurred on private property) and;
- Injured drivers who are catastrophically injured (regardless of fault) are entitled to payment of their treatment and care need for life.
If you or anyone you know is injured has been injured in a car accident, then you need the best representation possible as the Government’s new scheme can be complex and difficult to navigate. For more information, and to arrange a free, no-obligation assessment of your claim, please call Stacks Goudkamp on 1800 25 1800, or alternatively make an online enquiry.
Written by Belinda Cassidy.
Belinda Cassidy holds the position of Special Counsel at Stacks Goudkamp. She had previously held the position of Principal Claims Assessor at the State Insurance Regulatory Authority (SIRA) for 18 years, and currently holds an appointment as a Claims Assessor under the Motor Accidents Compensation Act.
For more information about the incident discussed in this blog, please click here.