If you’ve been injured in a motor vehicle accident in NSW, whether as a driver, passenger, or pedestrian, and have taken time off work or paid out-of-pocket for medical treatment, you may be entitled to a car accident compensation payout. But how much compensation can you actually receive for your injuries? And what does the motor vehicle accident claim process in NSW really involve?
This guide breaks down everything you need to know about car accident payouts in NSW, from who’s eligible and when to lodge your claim, to how compensation is calculated and what factors can help you maximise your settlement. Whether you’ve sustained minor or serious injuries, understanding your rights is the first step to securing the financial support you deserve.
What Is a Car Accident Compensation Payout in NSW?
A car accident compensation payout in NSW is typically awarded as a lump sum payment to cover the financial impact of your injuries. This includes your past and future loss of earnings, reduced ability to work, and, in some cases, pain and suffering. This type of payout usually applies when your injuries are assessed as non-threshold and you are not mostly at fault for the accident.
In a motor vehicle accident claim in NSW, this payout reflects the damages you’ve suffered, not just physically, but also financially and emotionally. Even after receiving a lump sum, you may still be entitled to ongoing medical benefits under your CTP insurance if needed.
Understanding how these payouts work is key to ensuring you receive the full compensation you’re entitled to, and that starts with knowing your rights and how your injury is classified.
Claiming Compensation After a Car Accident
How Long After a Car Accident Can You Claim Injury in NSW?
You have 28 days to report the accident to police. You can do so by calling the Police Assistance Line on 131 444 with details of the accident. The Police will provide you with an Event number that is required in your claim form. You may need to inform them of your intention to claim benefits including medical expenses to explain why you require the event number.
You must lodge your claim within three months from the date of the accident, however if you wish to claim for past lost earnings, you must lodge your claim form within 28 days from the accident.
Who Is Eligible to Make a Car Accident Compensation Claim in NSW?
You can claim a motor accident compensation payout regardless of whether you were injured in a car, motorcycle, bus, truck, forklift or other motor vehicle, including public transport. A driver, passenger or pedestrian can make a claim if they have been injured and suffered a loss.
If your injury is because of a motor accident that is also work-related, you may also need to make a workers compensation claim against your employer’s workers compensation insurer within 6 months from the date of the accident. You cannot double dip however each claim could cover one component that you would otherwise not be entitled to claim if you only made one claim. Please reach out to our motor vehicle accident lawyers for more information and assistance.
Car accident driver claim
If you were the driver and sustained an injury in a motor vehicle accident, you may be entitled to make a compensation claim.
Car accident passenger claim
If you were the passenger or pedestrian involved in a motor vehicle accident, and you sustained an injury, you may be entitled to make a compensation claim.
What Compensation Are You Entitled to After a Car Accident in NSW?
If you have minor injuries, benefits are payable for up to 6 months from the date of the accident regardless of whether you are at fault or not. Benefits payable are:
- Reasonable and necessary treatment costs; and
- Lost wages if you need time off work as a result of your injuries
You can claim beyond 6 months if your injuries are non-minor and you are not mostly at fault.
Car accident compensation for pain and suffering
If your non-threshold injury is assessed as being 11% or higher, you may be entitled to a pain and suffering lump sum payment.
Compensation for back injury in car accident
If your back injury is a threshold injury, such as, for example, a disc not impinging on a nerve, you can claim lost earnings and medical expenses for up to 6 months from the date of the accident.
If your back injury is a non-threshold injury, such as causing an impingement of a nerve, or your back requires surgery, you may be entitled to claim medical costs, lost earnings beyond 6 months and also claim a lump sum payout to take into account your future loss of earning capacity. If your injuries are assessed at being 11% whole person impairment or higher, you could also make a pain and suffering claim to take into account the pain and suffering you will likely endure to the accident.
Our experienced car accident lawyers will arrange for you to be assessed by a an independent doctor, to determine your whole person impairment.
How to Maximise Your Car Accident Compensation Payout in NSW
Do You Need to Go to Court for a Car Accident Compensation Claim in NSW?
Not all matters go to court. In most circumstances our lawyers can reach a settlement with the insurer without the need to go to court. If the matter could not be resolved by way of settlement then car accident claims usually proceed to the Personal Injuries Commission for determination by a Tribunal Member. The matter can still be resolved prior to determination of a Tribunal Member.
What Are the Most Common Car Accident Injuries in NSW?
You may suffer one or multiple injuries from your motor vehicle accident. Some of the most common injuries are:
Free Claim Assessment With Our Car Accident Lawyers
Our car accident injury lawyers have helped thousands of people in NSW and WA. We are ready to help with your claim! Reach us for a free claim check!
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
