Director Bachelor of Laws Graduate Diploma in Legal Practice Approved Legal Service Provider to the Independent Review Office Member of the Law Society

How long after a car accident can you claim compensation in Australia?

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 six months.

How is a permanent disability rating determined?

The permanent disability rating is determined by Independent Medico-Legal doctors based on the American Medical Association Guidelines. The disability rating can vary from 0% to 100%.

What happens if my injuries are assessed as being minor injuries?

If you have a soft tissue injury, 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.

When do I need a lawyer for my motor vehicle injury compensation claim?

It is never too early to know where you legally stand. You can consult a lawyer at any point in your claims process, but 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.

How long does a motor vehicle accident claim take to settle?

Generally speaking, a motor vehicle accident claim can take between 1 to 2 years depending on your injuries and how long it takes for them to be stabilised.

What should I do if I was involved in a hit and run accident?

It is recommended to contact an experienced motor vehicle accident lawyer to seek assistance to plan the motor vehicle compensation claim steps, as you cannot exchange contact details with the at-fault party in a hit and run.

What are the most common motor vehicle accident injuries?

Some of the most common injuries include back injuries, neck and whiplash injuries, head and concussion injuries, brain injuries, hip injuries, and knee injuries.

Why trust Withstand Lawyers?

Motor accidents can lead to serious injuries and significantly impact your mental and physical well-being. 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. Withstand Lawyers' experienced team will break the process down and explain what you need to do step by step.

Motor Vehicle Accident Lawyers Sydney

Name: Withstand Lawyers
Telephone: 1800 952 898
Price range: No Win No Fee
Rating: 4.9

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 Win No FeeNo Upfront Costs99% Success RateFree Claim Check

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.

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

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.

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)

Calculate your compensation claim

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.

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.

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Frequently Asked Questions

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.

Issa Rabaya

Director

Bachelor of Laws
Graduate Diploma in Legal Practice
Approved Legal Service Provider to the Independent Review Office
Member of the Law Society

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