Motor Vehicle Accident Claim Lawyers
Motor Vehicle Accident Compensation Lawyers Sydney
If you are injured in a motor accident in NSW, you are entitled to compensation. The extent of compensation depends on the circumstances of the accident, being whether or not you are wholly at fault and the degree of injuries sustained. Regardless of where you were injured, our motor vehicle accident lawyers can assist you.
- No Upfront Costs
- No Win No Fee
- 99% Success Rate
- Maximum Lump Sum Payout
You can claim motor vehicle accident compensation regardless of whether you had a car accident, motorcycle accident, truck accident, forklift accident; or you were a driver, passenger, motorcycle rider, cyclist or pedestrian.
What am I entitled to?
Medical expenses
Reasonable and necessary medical expenses as a result of the accident
Income support payments
Weekly payments to cover your economic loss due to the accident
Lump sum payout for future loss of income
Future loss of income and loss of opportunity by way of a lump sum if you were not wholly at fault and your injuries are not a soft tissue injury, also known as a minor injury
Lump sum payout for pain and suffering
If your injuries are assessed at being greater than 10% whole person impairment
How do I claim motor vehicle accident compensation (after 1 December 2017)
Report the accident to police within 28 days and obtain an ‘Event number’
Complete an Application for Personal Injury Benefits along with the Medical Certificate which is to be completed by your GP and lodge with the Compulsory Third Party (CTP) insurer of the vehicle at fault ideally within 28 days however the time limit is 3 months. However, if you lodge the form after 28 days you may not be able to receive back pay for time off work since the date of the accident to the date you lodge the form. If your injury is a soft tissue injury then there is no further process to follow.
- Contact our motor vehicle accident lawyers to determine if you are eligible to make a common law claim which entitles you to a lump sum payment to include for wages and medical expenses beyond 6 months in addition to compensation for pain and suffering. You have 3 years to make a common law claim.
Am I entitled to make a claim for common law?
If your injury is not deemed a soft tissue injury and you are not wholly at fault, then yes. Examples of injuries that are not soft tissue injuries are fractures, spinal injuries with radiculopathy, scarring, lacerations, injury to nerves, rupture of tendons, ligaments, menisci or cartilage. For psychological injuries, an example is a diagnosis of post-traumatic stress disorder. You can contact our highly experienced compensation senior motor vehicle accident lawyers to assist you in determining your eligibility to make a common law claim. If you are entitled to make a common law claim, your pain and suffering, effects of the accidents on your life, age and disabilities will be taken into account. The maximum awardable amount of compensation for pain and suffering as in 2017 was $521,000.
What is a soft tissue injury?
A soft tissue injury is an injury to tissue that connects, supports or surrounds other structures or organs (such as muscles, tendons, ligaments etc.) of the body but not an injury to nerves or a complete or partial rupture of tendons, ligaments, menisci or cartilage. If you have a soft tissue injury, at the expiration of 6 months, you will receive a letter from the CTP Insurer informing you that your entitlements will cease due to your injuries being soft tissue. If you disagree you are entitled to apply for internal review and subsequently apply for review with SIRA. We recommend you contact our senior compensation lawyers based in Sydney as the insurer may not be correct in its determination that your injuries are soft tissue injuries.
When can I make a claim for common law?
Immediately, if your injuries are assessed at greater than 10% whole person impairment and there is an agreement between you and the insurer or a decision has been made by a doctor appointed by the State Insurance Regulatory Authority. You have 3 years to claim common law compensation from the date of the accident. If your injuries are not greater than 10% whole person impairment then you can make a claim for common law after 20 months has passed from the date of the accident.
Frequently Asked Questions
In order to claim income support payments and medical expenses immediately from the date of the accident, you should lodge the Application for Personal Injury benefits within 28 days. The time limit is 3 months from the date of the accident however you may not be able to claim income support payments before the date you lodge the application if you lodge outside of the 28 days.
Yes, you can but the extent of compensation benefits may be less if you are wholly or mostly at fault. If the accident was wholly your fault, you are still entitled to claim medical expenses and income support payments for time off work for the first six months.
The permanent disability rating is determined by Independent Medico-Legal doctors. They assess your injuries to determine your whole person impairment rating based on the American Medical Association Guidelines. The disability rating can vary from 0% to 100% which is directly related to the benefits of motor accident compensation benefits.
If you have a soft tissue injury physical, your injury would be considered a minor injury which means you would not be able to receive wages and a lump sum payout for your future losses. Minor psychological injuries are considered to be symptoms rather than serious diagnosises that are non minor injuries, such as post-traumatic stress order for example.
It is never too early to know where you legally stand. Our experienced motor vehicle accident lawyers based in Sydney, Parramatta, Penrith, Liverpool and Wollongong can advise you about your claim from beginning to the end. If you were injured in a motor vehicle accident, you can consult a lawyer at any point in your claiming process. However, it is important to see a lawyer as soon as possible to receive information about the best way forward prior to being out of time.
Our team of motor vehicle accident lawyers work on a No Win No Fee basis, which means you do not pay for our legal costs unless you receive compensation. The amount of costs our lawyers charge from your compensation amount is outlined clearly in the free claims assessment consultation.
The answer depends on your injuries and how long does it take for them to be stabilised. Generally speaking, a motor vehicle accident claim can take between 1 to 2 years. Feel free to reach us for free and clear legal advice.
Normally, you’d need to exchange contact details and information to lodge a motor vehicle accident claim however if you are involved in a hit and run accident, this cannot be an option. That’s why it is recommended to contact an experienced motor vehicle accident lawyer to seek assistance to plan the motor vehicle compensation claim steps. You can read our Hit and Run Accident Claims page for further information.
Motor vehicle accidents can cause one or multiple injuries at the same time. Some of the most common injuries are as follows:
No Win No Fee Car Accident Lawyers Sydney
The team at Withstand Lawyers can assist you to get you the maximum compensation possible in the best approach. You can meet our friendly car accident lawyers in Sydney and Parramatta. Our fees are on a No Win No Fee basis meaning that you do not pay any money out of pocket for our legal fees. It also means that if we do not get you compensation then you do not pay for our legal fees. Call us on 1800 952 898 or fill the form to get professional advice.
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