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How Long After a Car Accident Can I Claim Injury Compensation?

Online Inquiry

Posted on

April 13, 2022

by

Motor Accident Compensation

Serious car accidents can cause permanent damage to our lives; according to AIHW’s report, between 2018 and 2019, 63,900 people were hospitalised and 1,400 of them lost their lives. In NSW, Compulsory Third Party (CTP) scheme covers all roads for potential injuries and fatalities. However, you need to be aware of the legal procedure and time limits to claim what you are entitled to!

car accident

Am I eligible to make a common law claim?

If the accident happened not because of your fault and your injuries are not minor, you may be entitled to make a claim for modified common law damages which entitle you to a lump sum payout to take into account your economic loss and also pain and suffering.

australia couple driving a car

What are the common law claim benefits for a car accident?

If your injuries are non-minor and your injuries are not mostly at fault, the compensation benefits may continue beyond the first 26 weeks and enable you to claim compensation for past and future economic loss and pain & suffering.

Is there a time limit on car accident injury claims in Australia?

Yes, each state has its own time limits. The limit to lodge a personal injury benefits form with the greenslip insurer of the at fault vehicle is 28 days from the date of the accident if claiming past lost wages. Otherwise, the time limit is 3 months from the date of the accident. Even though the time limit can be extended in certain and exceptional circumstances, it’s recommended to lodge as soon as possible to claim your entitlements without the risk of not being eligible due to time limits.

australia driving road

How long after a car accident can I claim a loss of earnings?

time limit

You need to claim loss of earnings by submitting a personal injury benefit benefits form within 28 days from the date of the accident. That way the insurer will be able to look at your pre-injury average weekly earnings in the preceding 12 months to calculate the income support benefits you are entitled to.

How long after a car accident can I claim common law damages?

You need to have lodged an application with the personal injuries commission within 3 years from the date of the accident otherwise you will be out of time.

If your injuries are less than 11% whole person impairment, you need to a lodge an Application for Common Law Modified Damages 20 months after the accident. If your injuries are 11% whole person impairment or greater than you can lodge an Application for Common Law Modified damages immediately from the determination of your injuries being 11% whole person impairment or greater. You can reach our experienced car accident lawyers to estimate your compensation claim.

Calculate your compensation claim

How much lump sum payment can I get for car accident injuries?

Each claim is unique and the payment amounts depend on multiple factors including your pre-accident income, medical history, the extent of your injuries and your age. Economic loss which is to take into account your earning capacity is dependent on your specific circumstances pre and post-accident. As for damages to take into account, your pain and suffering is indexed each October of every year. As of 1 October 2021, the maximum for non-economic loss damages is $595,000 as per the Motor Accident Injuries (Indexation) Order 2017 – Reg 5.

australia elderly driver

What is a non-minor injury?

Briefly, minor injury for physical injuries is mainly soft tissue injuries. Whereas non-minor injuries are more like fractures, nerve injuries, verifiable radiculopathy injuries and injuries that require surgery.

For psychological injuries, minor psychological injuries are more likely less likely to be diagnosable psychiatric injuries whereas non-minor are more likely to be diagnosable injuries such as post-traumatic stress disorder. The insurer within 3 months from the date of receipt of the Personal Injury Benefits Form makes a determination whether your injuries are minor or not. You can apply for internal review within 28 days and if the insurer affirms its original decision you are also entitled to have your injuries assessed by a medical assessor. A medical assessor evaluates the injured person’s impairment and decides whether it is minor or not. This case can be understood better with some examples below:

Minor injury examples

As an example, whiplash injury is one of the most common minor injury types due to a car accident. Not only physical, but also psychological injuries can be subject to minor and non-minor injuries. For example adjustment disorder and acute stress disorder are generally considered as minor injuries.

Non-minor injury examples

Non-minor injuries include nerve damage, fractures, spine injuries, brain injuries, PTSD, scarring and partial rupture of tendons, ligaments or cartilage.

What should I do after getting injured in a car accident?

help lawyer

First of all, you need to exchange contact details and information to lodge a motor vehicle accident. Our experienced personal injury lawyers take pride in representing injured clients in a car accident by collecting evidence in support of our client claims, communicating with the insurer, liaising with doctors and third parties to achieve the maximum compensation benefits for our clients.

Calculate your compensation claim

What are the most common car accident injuries?

Australian Institute of Health and Welfare’s data shows that head and neck, trunk, shoulder and arm, and hip and leg injuries are the most common bodily injuries after a car accident. You can read our Car Accident Injuries in Australia blog for further details.

Do I have to be in Sydney to make a common law claim?

No, 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 or WA, our lawyers can walk you through the legal procedure on a free claim assessment!

Call Now 1800 952 898

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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
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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.
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!
Hazel A
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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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*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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Kristy W

Read More
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.
Previous
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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