Car Accident Compensation Lawyers in NSW
If you were injured in a car accident, you may be entitled to compensation under the Compulsory Third Party (CTP) scheme in New South Wales. The CTP benefits you may receive as a result of your claim will depend on the seriousness of injuries you sustained and whether you were wholly at fault in the accident.
You can make a car accident compensation claim even if you were not a driver in the accident. You could be a driver, passenger, pedestrian, cyclist or motorcycle rider.
What does car accident compensation cover?
If you were injured in a car accident, you may be entitled to the CTP benefits including income support payments, medical expenses, funeral expenses, vocational rehabilitation and compensation for pain and suffering depending on your circumstances. If you committed a serious driving offence in the accident or were driving an uninsured vehicle, you may not be able to receive benefits.
The CTP benefits are payable for 6 months from the date of the accident regardless of the degree of your fault. After 6 months the insurer may cease or reduce the benefits depending on your situation.
Income support payments will cease after 6 months if you were mostly at fault in the accident or you sustained soft tissue injuries. If your injuries are assessed as soft tissue injuries, payments for medical expenses will also cease after 6 months.
If you are the legal representative of someone who died in a car accident or financial dependent, you may receive benefits for funeral expenses.
You can make a claim for modified common law damages if you sustained more than soft tissue injuries from a car accident and were not fully at fault. Modified common law damages allow for lump sum payments for economic and non-economic losses arising from your injury.
How to claim compensation for car accident
If you were injured in a car accident, you should immediately seek treatment for your injuries. For this initial treatment, you do not have to get approval from the insurer. Any receipts of medical treatment should be kept to be able to be reimbursed for medical expenses. Also, your doctor needs to complete the State Insurance Regulatory Authority (SIRA) Certificate of capacity/certificate of fitness form.
Other things requiring your immediate attention are reporting the accident to the police and collecting evidence to support your compensation claim. You should be able to get the registration number of the car you think was at fault and other details of the accident such as how and when it happened.
A Personal Injury Benefits form should be submitted to the related CTP insurer, appended by collecting evidence and the medical certificate. You will have 3 months from the date of the accident for making a claim. If the insurer accepts liability for your claim, it should start weekly payments and medical expenses within 14 days.
If the insurer rejects liability, you can challenge this decision by applying to the State Insurance Regulatory Authority (SIRA) Dispute Resolution Centre for an independent review within 28 days.
What are soft tissue injuries?
Soft tissue injuries are typically those in muscles, tendons, and ligaments but do not include injury to nerves or a complete or partial rupture of tendons, ligaments, menisci or cartilage. Whiplash injury is the most common type to be classified as soft tissue injury and therefore minor injury in the context of claims for car accident compensation.
Can you claim modified common law damages?
If you were not the driver most at fault and any of your injuries are not minor, meaning that are not soft tissue injuries, you will also be entitled to make a claim for modified common law damages which deal with any economic loss, both past and future including superannuation, that you suffered as a result of the injuries sustained in the motor vehicle accident. You may also be able to claim lump sum compensation for pain and suffering if your injuries are assessed as being greater than 10% whole person impairment.
Frequently Asked Questions for Car Accidents Compensation
Do car accidents need to be reported to the police?
You should report the car accident to the police as soon as possible, within 28 days the latest. You will be able to get an event number from the police or the Police Assistance Line which will be required by the insurer when processing your compensation claim.
What is a serious injury in a car accident?
If your injuries were more than soft tissue injuries and you were not mostly at fault, the CTP benefits you may receive after a car accident may extend beyond 6 months. Soft tissue injuries are typically those in muscles, tendons, and ligaments but do not include injury to nerves or a complete or partial rupture of tendons, ligaments, menisci or cartilage. Those injuries would be considered serious injuries.
If you sustained more than soft tissue injuries and were not the party mostly at fault, you may also claim modified common law damages for economic and non-economic losses arising from your injury. If your injuries are assessed as being at 10% or more permanent impairment, you may be entitled to lump sum compensation.
Do I have to be in Sydney to make a car accident compensation claim?
You do not have to be in Sydney to make a compensation claim after a car accident. Regardless of where you are located or where the accident occurred in NSW, our lawyers specialise in car accidents and are conveniently located in Sydney, Parramatta, Penrith, Liverpool and Wollongong.
Does Medicare cover car accident injuries?
If you sustained injuries from a car accident, you may receive Medicare benefits for medical treatment. If your compensation claim settles for more than $5,000 including legal costs, Medicare will deduct the charges associated with the treatment you sought as a result of the injuries from the compensation claim.
If the insurer denies liability for your claim and settlement cannot be reached, Medicare may cover all or part of your medical expenses for your car accident injuries.
How much does a lawyer charge for a car accident?
Our senior car accident lawyers work on a no win no fee basis, which means you do not pay for our legal costs unless you receive compensation.
How much compensation can I get for a car accident injury?
The scope of compensation you may receive at the end of your claim will depend on a range of factors such as your work history, past medical history, the extent of your injuries, your life circumstances and the evidence that can be used to support your claim.
I have been injured in a car accident, which insurer will cover my claim?
Every vehicle is required to have Greenslip insurance which provides compensation for people who have been killed or injured in a motor vehicle accident. This includes pedestrians, passengers, cyclists and motorcyclists.
In NSW there are several Compulsory Third Party (CTP) Insurers, such as AAMI Insurance, Allianz Insurance, GIO Insurance, NRMA Insurance, QBE and Youi Insurance. The CTP insurer that will most likely be managing your claim will be the CTP insurer of the vehicle that caused the car accident.
I have been injured in a car accident, that was not my fault, how do I identify the CTP insurer?
The NSW Services application allows you to type in the registration of the vehicle at fault which then identifies the CTP Insurer for that vehicle. Alternatively, you can contact the State Insurance Regulatory (SIRA) who will also identify the CTP Insurer based on the registration you provide.
No win no fee car accident lawyers in Sydney & Parramatta
The process of claiming compensation can be so stressful that it can add to your existing suffering from your injury. Financial concerns around legal payments can be another source of stress in the claim process. Our senior lawyers working on a no win no fee basis will provide you with easy to understand and straight forward advice. Our No Win No Fee policy means that you only pay our legal costs if you are awarded with compensation.