Motor Accident 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. That is regardless if you were a driver, passenger, motorbike rider, cyclist or pedestrian.
If you were not wholly at fault and your injuries are not a soft tissue injury, also known as a minor injury, you are also entitled to claim compensation for future loss of income, future medical expenses and also pain and suffering compensation. You may be eligible to make a claim for common law if your injuries are assessed at being greater than 10% whole person impairment.
What can I claim? You are entitled to claim: Compensation to take into account future loss of income and loss of opportunity by way of a lump sum. Amongst other factors, the claim for future loss of income is based on your doctors’ opinions and the doctors’ that our lawyers and the insurer will send you too.
1. Medical expenses as a result of the accident
2. Pain and suffering compensation by way of a payout (if injuries are assessed at being greater than 10% whole person impairment).
Process for making a claim for a motor accident in NSW (after 1 December 2017)
- Report the accident to police within 28 days and obtain an ‘Event number’
- Complete an Application for Personal Injury Benefits (click for the form) 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 Sydney compensation 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 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. You also have a 3-year time limit to apply from the date of the accident.
Frequently Asked Questions for Motor Accidents Compensation
Can I claim compensation for a car accident if I am at fault?
Yes but the extent of compensation is less depending on whether you are wholly at fault or just partially or not at fault. If the accident was wholly your fault, you are still entitled to claim medical expenses. You are also entitled to claim income support payments for time off work for the first six months. If you have a soft tissue injury, your injury would be considered a minor injury which means you would be unable to claim wages and a lump sum payout for your future losses.
How long after a car accident can you claim in Australia?
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 before the date you lodge the application if you lodge outside of the 28 days.
How is a permanent disability rating determined?
Independent Medico-Legal doctors who assess your injuries determine your whole person impairment rating based on the American Medical Association Guidelines 4th edition. determine the disability rating can vary from 0% to 100% which is directly related to the benefits of motor accident compensation.
Why trust Withstand Lawyers?
Motor accidents, whether as a pedestrian, car, bus, truck or motor bike may cause significant injuries and seriously affect your mental and physical well-being. After a motor accident, you are most likely in shock and stressed. The last thing that you should worry about the laws, entitlements, process and time limits surrounding motor accident. Under the Motor Accidents Injuries Act 2017 (NSW), compensation is available for people involved in a motor accident depending on the circumstances and there are strict time limits. Let our highly experienced and qualified team of compensation lawyers that are based in Sydney break the process down for you and explain what you need to do step by step in the easiest and best possible way.
No Win No Fee Motor Accident Lawyers
There is no clear-cut schedule or law the notes how much one should receive compensation for depending on the circumstances. It is dependent on the circumstances, the evidence and the way in which your claim is made. In other words, it is discretionary which means it is very important to have the right compensation lawyer managing your claim. You should consider working with a senior motor accident lawyer to ensure the success of your motor accident claim. The team at Withstand Lawyers can assist you to get you the maximum compensation possible in the best approach. Our fees are on a no win no fee basis. That means 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 1800952901 or fill the form to get professional advice.
