Motor Vehicle Accident Lawyers Sydney

Issa Rabaya

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Issa Rabaya

Principal Lawyer and Director · Last updated 27 August 2026

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Key Takeaway: If you were injured in a NSW motor vehicle accident, the Motor Accidents Injuries Act 2017 lets you claim compensation, with damages for pain and suffering currently capped at $605,000 for injuries above the 10% whole person impairment threshold. Strict time limits apply, so act early.

Motor Vehicle Accident Claims: Quick Answers

Who can claim after a motor vehicle accident in NSW?
Anyone injured in a NSW motor accident, whether a driver, passenger, pedestrian, motorcyclist or cyclist, can claim under the Motor Accidents Injuries Act 2017. Even if you were partly at fault you may still recover benefits, though your compensation can be reduced. Threshold and non-threshold injuries have different entitlements.
How long does a motor vehicle accident claim take to settle?
A motor vehicle accident claim in NSW generally takes between 1 to 2 years to resolve, depending on how long your injuries take to stabilise and the complexity of your case. The insurer must decide within 3 months whether to accept your claim for statutory benefits or a payout.
What deadline applies straight after the accident?
You should submit your claim documents, including a Certificate of Capacity, to the at-fault vehicle insurer within 28 days of the accident to preserve your full entitlement to weekly benefits. If you do not hear back within two days, follow up. Later lodgement can reduce or delay your benefits.
At Withstand Lawyers, our experienced motor vehicle accident lawyers in Sydney are dedicated to helping you secure the compensation you deserve. We understand the stress and challenges you face after a car accident and are here to provide expert legal advice and representation.
Motor vehicle accidents, including car, truck, motorbike, forklift, and pedestrian accidents, can have significant consequences for all parties involved. If you've been injured in a motor vehicle accident that wasn't entirely your fault, it's important to understand your rights and entitlements to compensation. Our Sydney based lawyers are experts in navigating the complexities of motor vehicle accident claims, ensuring you get the compensation you deserve.
Contact us today for a free consultation and let our experienced car accident lawyers in Sydney help you navigate your claim and secure the compensation you need.
No Upfront Costs
No Win No Fee
99% Success Rate
Maximum Lump Sum Payout

Can I Claim Motor Vehicle Accident Compensation?

You may be eligible to claim car accident compensation if your injury resulted from the use or operation of a motor vehicle. If you were not mostly at fault and your injury meets the threshold i.e spinal nerve injury, fracture, rupture of a tendon, cartilage, meniscus or ligament, tear or nerve injury or Post Traumatic Stress Disorder (PTSD), for example, then you could be entitled to a payout.
That payout can take into account your future loss of earnings and pain and suffering.
car accident compensation claim

What Are My Entitlements Following a Motor Vehicle Accident?

If you were injured in a motor vehicle accident, you can claim car accident compensation for your losses, regardless of the extent of your injuries. Compensation may cover:

Medical expenses

Reasonable and necessary medical expenses as a result of the accident

Our personal injury lawyers in NSW handle every type of injury claim on a no win, no fee basis.

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

Lump sum payout for pain and suffering

If your injuries are assessed at being greater than 10% whole person impairment

Who Can Make a Claim for Motor Vehicle Accident Compensation?

  • 1
    Drivers — The person driving the vehicle at the time of the accident can make a claim if they are injured or their vehicle is damaged. Regardless of what vehicle you were in or what vehicle you were struck by, the law, process and compensation payout is generally the same. Motor vehicle accidents involving a car, motorcycle, truck or even a forklift can be eligible for a compensation claim.
  • 2
    Passengers — Individuals who were passengers in the vehicle can claim if they were injured in the accident.
  • 3
    Pedestrians — Pedestrians who were walking and were injured in the motor vehicle accident can also be eligible for compensation.
  • 4
    Cyclists — Cyclists who were involved in a motor vehicle accident while riding a bicycle and suffered injury can file a claim.
  • 5
    Motorcyclists — Riders of motorcycles who were involved in an accident can make a claim for injuries or damages.
  • 6
    Property Owners — If a person's property was damaged as a result of a motor vehicle accident, they can seek compensation for repairs or replacement.
hit and run accident victims

What is a Motor Vehicle Accident Compensation Payout?

Motor vehicle accident compensation, unlike income benefits such as wages and medical expenses, is typically available for individuals who have suffered significant injuries, including non-soft tissue injuries or recognized psychiatric conditions like PTSD. It can apply to accidents involving cars, trucks and motorcycles, regardless if you were the driver, passenger or a pedestrian.
The compensation payout for a motor vehicle accident is divided into two parts: economic loss (loss of income) and pain and suffering:

Economic Loss

This covers your loss of income due to the accident. It includes not only your actual income but also potential earnings you could have made if the accident hadn't occurred. This can even include income from opportunities you were pursuing that had not yet turned into profit.

Pain and Suffering

This is non-economic loss compensation for injuries that meet a specific threshold. To claim pain and suffering compensation, your non-soft tissue or recognized psychiatric injury, such as PTSD, must exceed a 10% whole person impairment threshold. Currently, this compensation amount is $605,000, and it increases slightly each year.

Eligibility for Pain and Suffering Compensation: To qualify for pain and suffering compensation, your injuries must meet the 10% whole person impairment threshold. The amount you can claim will depend on the severity of your injury, your age, and the extent of the pain and suffering you are expected to experience.
If you're uncertain whether your injury meets the criteria for pain and suffering compensation, our motor vehicle accident compensation lawyers can refer your case to an expert for assessment.
Learn more about pain and suffering compensation.
Up to $605,000
Maximum pain & suffering compensation (increases each year)

How do I Make a Car Accident Compensation Claim?

  • 1
    Submit Your Claim: Complete the Application for Personal Injury Benefits form and have your GP fill out the Certificate of Capacity. Submit these documents to the insurer of the at-fault vehicle by email or post within 28 days of the accident. If you don't hear back within two days, follow up with the insurer.
  • 2
    Follow Medical Advice: Adhere to your treating doctor's advice for treatment. If you have any doubts, seek a second opinion.
  • 3
    Insurer Decision: The insurer will decide within 3 months whether to accept your claim for benefits and/or a payout. Their decision will depend on factors like fault and whether your injuries meet the threshold definition. If your claim is denied due to not meeting the threshold, contact us for a free claim review. We can help challenge incorrect decisions and apply for a review if necessary. If needed, we may refer your dispute to the Personal Injuries Commission, where an independent doctor will assess whether your injury meets the threshold for compensation.
  • 4
    Assess Pain and Suffering: Once your eligibility for compensation is confirmed, our lawyer will organize an assessment to determine if your injuries exceed the 10% whole person impairment threshold for pain and suffering compensation.
car accident claim

When to Hire a Motor Vehicle Accident Lawyer

You might wonder, "Can I make a car accident compensation claim without a lawyer?" Yes, you can handle a claim independently or with help from the State Insurance Regulatory Authority (SIRA). However, I wouldn't recommend it. Here's why:
As a motor vehicle accident lawyer, I've seen firsthand how valuable professional representation can be. Having an experienced lawyer means your claim will be handled correctly and efficiently, considering all potential losses to maximize your payout.
Benefits of Hiring a Lawyer:

Expert Guidance

We ensure your claim progresses smoothly and handle all negotiations with the insurer, so you won't have to deal with them directly.

Settlement Advice

We'll advise you on reasonable settlement offers and what compensation range to expect, giving you peace of mind.

Support Throughout

Our experience ensures you're supported every step of the way, so you're never going into negotiations blindly.

If your claim doesn't settle through negotiations, it will be reviewed by a tribunal member at the Personal Injury Commission (similar to a judge, but in a more informal setting). While most claims settle without going to the Commission, our lawyers are skilled in preparing your case and presenting relevant evidence to support your claim.
But what about the cost? You might be concerned about the fees that lawyers can charge. Our lawyers work on a No Win No Fee basis, meaning you don't pay upfront. Our fees are only deducted from your compensation if you win your case. We ensure transparency about our costs and disbursements from the start.

What to Look for in a Motor Vehicle Lawyer – Explained.

When choosing the right lawyer to represent you, you should consider:
  • 1
    Experience: Look for a lawyer who has experience handling accident compensation claims similar to yours. No one wants a lawyer who is a 'jack of all trades, master of none'. Choose an experienced compensation lawyer who only deals with compensation claims.
  • 2
    Reputation: Check their websites online and their reviews for good feedback.
  • 3
    Fees: For car accident compensation claims, your lawyer shouldn't charge you anything upfront – including disbursements. Ask about whether the lawyer acts on a No Win No Fee basis and its terms!

Can I Still Make a TPD Claim?

Yes, you can make both a Total and Permanent Disability (TPD) claim and a car accident claim for compensation, provided you meet the eligibility criteria for each. Here's a brief overview:

TPD Claim

This is generally made through a superannuation fund or insurance policy if you are unable to work due to a total and permanent disability. TPD claims are designed to provide financial support if your disability prevents you from performing any work related to your occupation or any other work.

Car Accident Claim

This can be made through Compulsory Third Party (CTP) insurance, which covers injuries resulting from a car accident. Car accident claims are intended to compensate for injuries, medical expenses, and loss of income related to the accident.

If you are eligible for both types of compensation, you can pursue each separately. Consulting with a legal professional can help you navigate the process and ensure that you maximize your compensation entitlements.
Learn about Total and Permanent Disability (TPD) claims here.

Motor Vehicle Accident Lawyers Sydney FAQs

How long after a car accident can you claim compensation in Australia?
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.
Can I claim compensation for a motor vehicle accident if I am at fault?
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 twelve months.
How is a permanent disability rating determined?
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.
What happens if my injuries are assessed as being threshold injuries?
If you have a soft tissue injury, your injury would be considered a threshold 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 diagnoses that are non-threshold injuries, such as post-traumatic stress disorder for example.
When do I need a lawyer for my motor vehicle injury compensation claim?
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 claims 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.
How much does a lawyer charge for a motor accident claim?
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.
How long does a motor vehicle accident claim take to settle?
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.
What should I do if I was involved in a hit and run accident?
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.
What are the most common motor vehicle accident injuries?
Motor vehicle accidents can cause one or multiple injuries at the same time. Some of the most common injuries are as follows:
  • Back injuries
  • Neck and whiplash injuries
  • Head and concussion injuries
  • Brain injuries
  • Hip injuries
  • Knee injuries
The severity varies widely between people, and even a threshold soft-tissue injury such as whiplash can cause lasting pain. Getting a proper medical assessment early helps document your injuries and protect your compensation entitlements.

What to expect from your Motor Vehicle Accident Lawyer

Our motor vehicle accident lawyers will guide you through the legal process, helping you understand your rights and entitlements. We'll handle all the relevant evidence and paperwork, negotiate with the insurance company, and represent you in the Personal Injury Commission if needed.
Imagine receiving your compensation without any uncertainty. We take the burden out of the process so you can focus on your recovery, all on a No Win No Fee basis. Contact us at 1800 952 898 or fill out the form for a free consultation.

No Win No Fee Motor Vehicle 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.

Need legal help?

Free assessment. No obligation. No Win No Fee.
Call 1800 952 898
Issa Rabaya, Principal Lawyer and Director at Withstand Lawyers

About the author

Issa Rabaya · Principal Lawyer and Director

✓ Admitted to the Supreme Court of NSW and High Court of Australia  ✓ LLB  ✓ IRO-approved  ✓ Law Society of NSW

Acts for injured people in CTP, workers compensation, TPD and public liability claims.

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Related: Motor vehicle accident injury claim · Sydney car accident compensation lawyers

Why Choose Withstand Lawyers for Your Motor Vehicle Accident Claim?

Motor accidents involving a pedestrian, car, bus, truck or motorbike can cause serious injuries that affect your mental and physical wellbeing. In the shock and stress that follows, the last thing you should worry about is navigating the laws, entitlements, processes and strict time limits under the Motor Accidents Injuries Act 2017. Our highly experienced Sydney compensation lawyers break the process down and explain each step in the easiest, clearest way, all on a No Win No Fee basis so you can focus on your recovery while we handle the insurer. Over $60 million recovered, 99% success rate, no win, no fee.

Call Withstand Lawyers on 1800 952 898 for your free claim check today.

No Upfront CostsNo Win No Fee99% Success RateMaximum Lump Sum Payout
Google Reviews

4.9 ★ — 265+ Reviews

Tanjila Mim
Jun 2026
★★★★★

“Working with Esther has been an absolute blessing during an incredibly difficult time. Anyone who has ever had to navigate an insurance claim knows just how difficult, overwhelming, and anxiety-inducing the entire process can be. Before reaching out to Withstand Lawyers, I was constantly stressed and deeply overwhelmed by the system. The firm made the initial intake process incredibly smooth, and they placed me in the hands of my lawyer, Esther. From that moment on, from the first conversation, I finally found my solid ground.

Esther has completely transformed how I navigate this unfortunate situation. Because she handles my matter directly, I have a direct line of contact with her and never have to jump through hoops to get support. Esther’s presence alone has given me immense confidence in my claim. What sets her apart is her perfect balance of professional mastery and genuine empathy. As a client, having a lawyer who truly listens and supports you when your mind is filled with doubt is a massive relief. She doesn’t just manage a file — she consistently protects her client’s peace of mind. Her recommendations are always highly logical, realistic, and clear-cut. She cuts through the legal confusion and tells you exactly where you stand, which is exactly what you need during the hardest times of your life.

I feel incredibly lucky to have Esther and her team at Withstand Lawyers by my side. For anyone out there facing a difficult time with an insurer and looking for a legal advocate who offers absolute clarity, strength, and compassion — I cannot recommend Esther highly enough. She is a truly admirable professional who genuinely cares about the people she protects. Truly grateful!”

Iza Lavado
Jan 2024
★★★★★

“I have searched top lawyers (personal injury) in Sydney. I found Withstand Lawyers so I rang them up and asked I need lawyers that are nicer and more understanding despite what I am going through. They exceeded my expectations especially Issa, he always remind everyone to be more cautious when speaking to me and I really appreciate that. I am satisfied that my case (MVA) turned out to be successful. Withstand lawyers is more than 5 stars. Can’t recommend highly enough.”

JA JA
Jan 2026
★★★★★

“I would like to express my deepest appreciation for the incredible support I’ve received over the past 4.5 years. My case has been long, complicated, and filled with challenges, but Issa and his team stood by me through every step with genuine care, professionalism, and dedication. Their compassion has meant just as much to me as their legal expertise. They didn’t just handle my case, they helped me through some of the most difficult years of my life. I wholeheartedly recommend them to anyone who needs genuine support, honesty, and a team that truly cares about your wellbeing.”

Brody Collier
Jul 2026
★★★★★

“Thank you Withstand Lawyer for your exceptional work, professionalism and easy process for successfully assisting me with my TPD claim. I am thankful for your support. I highly recommend Withstand Lawyers and the services they provide.”

Bluskies Cleaning Team
Jul 2026
★★★★★

“Had a very positive experience with Withstand Lawyers. The team was professional, knowledgeable, and supportive throughout the entire process. They took the time to explain everything clearly, kept me informed at every stage, and responded promptly to my questions. Their attention to detail and commitment to achieving the best possible outcome gave me confidence from start to finish. I truly appreciate their dedication and excellent service, and I would highly recommend Withstand Lawyers to anyone looking for reliable and trustworthy service.”

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Meet Your Motor Vehicle Accident Lawyers

Every motor vehicle accident claim is handled by a personal injury lawyer with dedicated motor vehicle accident experience.

Issa Rabaya
All Claim Types

Issa Rabaya

Director, Lawyer

Founder and Director with 12 years' experience since his 2014 admission, previously at the largest litigation law firm in Australia. A personal injury lawyer for serious injuries, leading Withstand Lawyers' work across every claim type, with settlements reaching into the millions, including a $6.3 million motor vehicle accident result.

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Minaa Mohmand
Motor Vehicle (NSW & WA), Work Injury, Public Liability

Minaa Mohmand

Special Counsel

Special Counsel with over a decade of experience since 2016, handling complex, higher-value claims: serious injuries, disputed liability and matters heading to litigation, across motor vehicle accidents, work injury damages, public liability and TPD.

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Esther Ihn
Motor Vehicle, Workers Comp, Work Injury & Public Liability

Esther Ihn

Senior Associate

Senior Associate with over a decade of experience exclusively in personal injury claims since 2014, handling hundreds of matters across motor vehicle accidents, workers compensation, work injury damages and public liability. The team's go-to for serious-injury claims.

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Mihana Wen
Motor Vehicle (NSW) & TPD

Mihana Wen

Associate

Associate with 6 years' experience since 2020 and a recent $1.95 million motor vehicle accident settlement, known for not taking no for an answer and lodging appeal submissions for injuries insurers try to deem below the 11% whole person impairment threshold for pain and suffering. The go-to for car accident claims, guiding clients from the first CTP submission through to settlement with a compassionate, hands-on approach.

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