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Home Car Accident Payout | How To Win a Car Settlement

Car Accident Payout | How To Win a Car Settlement

Posted In Motor Accident Compensation,NSW
Posted On November 18, 2022
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IN THIS POST

  • What is a compensation payout?
  • Claiming compensation after accident
  • How to maximise your car accident injury settlement?
  • What are the most common types of car accident injuries?
  • Free claim check with our personal injury lawyers

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.

compensation payout

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

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Calculate your compensation claim

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.

The injury can be physical, psychological or both.

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.

oxford street car traffic

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.

help

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.  

back injury orange

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.

sydney road cars cloudy weather

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!

Free claim check
Issa Rabaya

Issa Rabaya

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Zilla W
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The Lawyers at Withstand are really really helpful I know I waited for quite a few years to get my results for the Motor Vehicle Accident and then I got a call just a month ago from Nayven Taouk. He told me that he's going to take up my case and yes we got the Best Outcome. Thank you!
Marseli
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Thank you Nayven, Issa and team you have all gone above and beyond in helping me with my Workers Compensation case. You are all very professional, thorough and compassionate, thank you all once again!
David L
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A big thank you and commendation to the team at Withstand Lawyers. Caring and compassionate, the team achieved a fantastic result for G and guided him every step of the way with their honest and assuring advice. G and his family couldn't be more pleased with the result, even when others said he didn't have a chance. Withstand Lawyers understood the merits of the case and worked tirelessly to get a fair and just outcome. Can't thank them enough for their hard work and diligence through G's case. Highly recommended.
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I just want to thank you as you have done well in my case as I have been to many lawyers before I came to you and they were never able to work on my case thank you so much issa rabaya you were always on spots with your appointment as you always on time with all the paperwork it needed You the best one in Sydney I have worked with Kind regards Emad
Kristy W
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The Withstand lawyers team that helped me with my claim were amazing, talking me through each step and being understanding and thoughtful to my feelings. I would highly recommend them to anyone needing compensation lawyers. Thank you Withstand!!
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The team really know their staff. To Nayven, Issa, Sam and Danielle a heartfelt thank you for all your hard work, courtesy, superb efforts and a big thumbs up from me.
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Terrific experience and positive outcome. It was unfortunate we did not go to them first. I would recommend them for anyone who wants qualified, quick, efficient support. Thank you Tanja, Robert and the team.
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I was very happy with the professionalism with the team at Withstand Lawyers. They supported me through the whole process and were very prompt and helpful with all my enquiries. They were very competent with with the whole process which enabled me to confidentially trust them and and have a positive outcome stress free. I highly recommend this company for all insurance and superannuation matters.
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*Our No Win No Fee policy means that you will not be out of pocket for our costs or disbursements if you lose your claim – no win no fee. If we commence court proceedings and you are unsuccessful you still won’t be out of pocket for our costs and disbursements however you will be out of pocket for the other sides legal costs and disbursements. Prior to commencing proceedings we will provide you with an authority explaining the risks and costs which could arise if you lose in court, one being that if you lose in court you would be liable for the legal costs and disbursements of the other side.
Kristy W
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The Withstand lawyers team that helped me with my claim were amazing, talking me through each step and being understanding and thoughtful to my feelings. I would highly recommend them to anyone needing compensation lawyers. Thank you Withstand!!
Francis A

Read More
The team really know their staff. To Nayven, Issa, Sam and Danielle a heartfelt thank you for all your hard work, courtesy, superb efforts and a big thumbs up from me.
Zilla W

Read More
The Lawyers at Withstand are really really helpful I know I waited for quite a few years to get my results for the Motor Vehicle Accident and then I got a call just a month ago from Nayven Taouk. He told me that he's going to take up my case and yes we got the Best Outcome. Thank you!
Hazel A

Read More
Terrific experience and positive outcome. It was unfortunate we did not go to them first. I would recommend them for anyone who wants qualified, quick, efficient support. Thank you Tanja, Robert and the team.
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Next

*Our No Win No Fee policy means that you will not be out of pocket for our costs or disbursements if you lose your claim – no win no fee. If we commence court proceedings and you are unsuccessful you still won’t be out of pocket for our costs and disbursements however you will be out of pocket for the other sides legal costs and disbursements. Prior to commencing proceedings we will provide you with an authority explaining the risks and costs which could arise if you lose in court, one being that if you lose in court you would be liable for the legal costs and disbursements of the other side.

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