Car Accident Lawyers
Car accident injury compensation
I have over a decade of experience specialising in compensation claims. Most clients I have acted for who were injured in a motor vehicle accident did not know their entitlements to compensation, the process, time limits that apply and how it all works. As a car accident lawyer, I will explain what you need to know based on my own experience in acting on behalf of clients going through the same process.
Your eligibility and entitlement to compensation under this system does not change provided you were injured due to a motor accident. A motor accident is defined as meaning an accident involving the use or operation of a motor vehicle that causes death or injury to a person. So if you were injured due to being struck, for example, whether by a car, bicycle, motorbike, truck, forklift etc. then that means you were injured due a motor accident and would then be eligible to claim compensation benefit.
I was injured due to a motor vehicle, am I eligible? Car accident lawyer explains.
Yes, but the extent of compensation depends on the extent of fault you contributed to the accident and to the extent of your injury. Let me explain, if you were injured in a motor vehicle accident, that was not your fault, which resulted in you suffering from either, let’s say, a spinal nerve root injury, fracture, rupture of a tendon, cartilage, meniscus or ligament, tear or nerve injury, or Post Traumatic Stress Disorder (PTSD), for example, then in addition to being eligible to claim wages for lost income, medical expenses for accident related treatment, you would also be entitled to a compensation payout.
If we flip the above example to the opposite, being injured in an accident that was mostly your fault and/or suffering from soft tissue injury only or not being diagnosed as suffering from a recognisable psychological injury then your entitlements are limited to benefits (wages & medical related expenses) for upto 12 months. If you need help knowing whether which category you fit into then please reach to our car accident lawyer who can easily assess your eligibility during our free claim check. If we can help, then we will act on your behalf on a No Win No Fee basis.
Compensation entitlements broken down by car accident lawyer.
More about the compensation payout (common law damages). Car accident lawyer explains.
Unlike the compensation benefits (wages and medical expenses) the payout as described above is limited to those who have suffered non soft tissue or recognised psychiatric injuries such as PTSD etc. The compensation payout due to the motor (yes it includes car accidents) accident is made up of two entitlements. The first known as economic loss (loss of income) also extends beyond what you were or supposed to be earning but for the accident to take into account any loss of opportunity you have suffered because of the accident as well. For example a lot of people have second jobs or projects they work in their own private time that may have not yet turned into a profit. Because it wasn’t income yet then it doesn’t get included in your income support payment however it can be claimed in your payout claim. So, if you had a side cake business for example that hadn’t turned into income yet, make sure you get that taken into account in your payout claim. The payout is a one-off payout as far as your loss of income and pain and suffering is concerned, for the car accident so it’s important you don’t under settle your motor vehicle accident claim. The second entitlement that can be included in your payout claim is to consider your pain and suffering. It’s referred to in the law as non-economic loss.
Although the amount slightly increases it doesn’t increase by much and is currently at $605,000. Unlike the first entitlement, there is an eligibility requirement to meet to claim pain and suffering and that eligibility is that your injuries exceed a 10% whole person impairment threshold. The amount of pain and suffering compensation you claim will depend on the extent of your injury, your age and the extent of the pain and suffering that you are likely to suffer because of the accident.
Our car accident lawyer can of course refer your physical and psychological injury, if you have one, to the relevant expert to have your injury assessed and then advise you of whether your injury meets the threshold. If you are unsure if you would meet it want to know more then please contact our car accident lawyer who can explain it during our free claim check. We also have written directly about it in detail.
Is the payout the end of my claim? Car accident lawyer explains.
No. Your entitlement to have your accident-related medical expenses covered by the insurer remain ongoing even after your payout. Whilst you will not be entitled to claim more of a payout or extra money after your payout, once its finished, because medical expenses are a benefit and not taken into account in your payout, it remains ongoing even after your payout. The way it works is you deal directly with the insurer for 5 years since the accident and then it gets transferred to CTP Care who will manage your treatment requirements. There are requirements to have your medical expenses covered by the insurer and CTP care and essentially its that your treatment and care are causally related to the accident and will have a material benefit on your injuries.
How do I make a claim? Car accident lawyer explains.
First lodge a completed Application for Personal Injury Benefits claim form along with your Certificate of Capacity to be completed by your GP, and you, and submit it to the Insurer of the vehicle at fault by email or post within 28 days of the accident. You can find the relevant claim The insurer will get in contact with you shortly after doing that. Of course, get in touch with the insurer you submitted the form with if you don’t hear back within two days.
Secondly, follow your treating doctors advice for treatment unless you have doubts and want a second opinion of course. The insurer will be in the meantime making a decision within 3 months about whether it will be accepting you to claim benefits and a payout or just benefits based on the eligibility i.e whether you were mostly at fault and have injuries that do not meet the threshold injury definition. If the insurer denies you are eligibility to a payout because it decides your injuries as not meeting the threshold, get in contact and we will give you our free opinion during our free claim check. Whilst the insurer does accept a lot of claims for payouts with a dispute they do sometimes get it wrong like all people resulting in us applying for review and having their decision set aside.
If you disagree with the Insurer’s determination, it impacts your eligibility to a payout. Please contact our car accident lawyer to consider applying for review, failing that may mean our car accident lawyer will refer the dispute to the Personal Injuries Commission who will organise for your injuries to be assessed by an independent doctor who will make a binding decision about whether your injury meets the threshold or not which determines your eligibility to a compensation payout.
Once your eligibility for a compensation payout is sorted our car accident lawyer will then organise for your injuries to be assessed to check your eligibility to include pain and suffering compensation to be included in your payout by checking if either injury exceeds the 10% whole person impairment threshold.
What is a threshold injury? Car accident lawyer explains.
If your injury either physical or psychological is not a threshold injury, then you are entitled to claim a compensation payout for your motor vehicle accident, provided you were also not mostly at fault.
There are two types of threshold injuries either physical or psychological. Physical threshold injuries are considered soft tissue injuries that are typically those in muscles, tendons, and ligaments. So, flipping it to the opposite your physical injury would not be considered a threshold injury if it’s an injury to nerves or a complete or partial rupture of tendons, ligaments, menisci or cartilage, fractures and permanent scarring. Threshold psychological injuries are mainly psychiatric injuries that are not psychiatric illnesses. An example of a psychological injury that would not be considered a threshold injury would be a diagnosis of post-traumatic stress disorders.
Do I need a car accident lawyer?
No. You can absolutely do it yourself and you can ask for assistance from the State Insurance Regularity Authority (SIRA). However, do I recommend it? Absolutely not.
I am obviously bias as I am a car accident lawyer so I see the value in having a car accident lawyer act on your behalf who will ensure your claim is progressing correctly, efficiently whilst obtaining evidence to support your claim from ensuring all of your injuries and losses are included. Honestly the insurer knows the process and procedure and if your claim does not settle between you and the insurance company your claim and how much your payout is gets determined by a tribunal member at the Personal Injury Commission. Our car accident lawyer clearly knows what is relevant in the decision making process in terms of how much your claim is worth and obtains the necessary evidence to support your claim. Our car accident lawyer also acts on a No Win No Fee basis meaning our legal costs get deducted from your compensation payout. Our legal costs are reasonable and we have no issues making clear what our costs and disbursements are before we get started.
It can be stressful knowing which car accident lawyer is the best fit for you. There are lots of questions you can ask during the free claim check to help guide you in making a decision on which car accident lawyer you should chose to act on your behalf in getting you the best payout possible. If you want more information first I recommend checking out what you need to know before saying yes.
Frequently Asked Questions
In NSW there are several Compulsory Third Party (CTP) Insurers, such as AAMI Insurance, Allianz Insurance, GIO Insurance, NRMA Insurance, QBE and Youi Insurance. The CTP insurer that will most likely be managing your claim will be the CTP insurer of the vehicle that caused the car accident.
Our car accident lawyers offer a free claim check and will provide you with insight as to your eligibility to claim compensation. Injuries that occur due to car accidents can affect your future ability to earn and our car accident lawyers will explain to you your entitlements, how to claim them and the best way forward in maximising your entitlements to compensation. We recommend that you ask many relevant questions when speaking to your potential lawyer. You will be working with them for the duration of your claim, so you need to feel confident that their values correlate with yours, and that their experience and avenue to assist you with your claim are parallel.
No win no fee car accident lawyers
The process of claiming compensation can be so stressful that it can add to your existing suffering from your injury. Financial concerns around legal payments can be another source of stress in the claim process. Our senior car accident lawyers worki on a no win no fee basis meaning you will only pay our legal costs and disbursements upon successful completion. Additionally, you are not required to pay our legal costs and disbursements unless your compensation is greater than $75,000. Our No Win No Fee policy means that you only pay our legal costs if you are awarded with compensation. Call us on 1800 952 898, or fill out the form to reach us!