If you have been injured in a motor accident in NSW, and you have had to take time off work and/or incurred treatment expenses, you may be entitled to claim compensation.
This guide provides information for drivers and passengers injured on NSW roads on or after 1 December 2017. It includes information about what is compensation, who can claim, what they are entitled to, when a claim can be made, and a brief explanation of the process involved to make a successful compensation claim.
What is a compensation payout?
Common law payout is also called a work injury damages payout, and it is rewarded by way of a lump sum payout for an injured person’s past and future loss of earnings.
A payout for motor vehicle accident claims means you would claim damages to take into account your future loss of income earning capacity and/or pain and suffering that you had and may continue to endure after the resolution of your claim. You can still claim medical benefits beyond your lump sum payout as to receive a payout means the insurer deemed you not to be mostly at fault in the accident and your injuries as non-minor
Claiming compensation after accident
How long after a car accident can I claim injury?
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?
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.
Entitlements
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-minor 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 minor 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-minor 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 injury settlement?
Do I need to go to court for a car accident claim?
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 types of car accident injuries?
You may suffer one or multiple injuries from your motor vehicle accident. Some of the most common injuries are:
- Back injuries
- Neck and whiplash injuries
- Head and concussion injuries
- Brain injuries
- Hip injuries
- Knee injuries
- Psychological and trauma related injuries.
Free claim check with our personal injury lawyers
Our car accident injury lawyers have helped thousands of people in NSW and WA. We are ready to help more! 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
