Traffic Accident Claims Explained!
Written by
Principal Lawyer and Director · Last updated 30 August 2026
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Key Takeaway: If you are injured in a NSW traffic accident, you generally have three years to lodge your claim with the Personal Injury Commission. Everyone injured can access statutory benefits, but at-fault drivers are limited to benefits for up to 52 weeks. To pursue common law damages your whole person impairment must exceed 10%.
Traffic Accident Claims: Quick Answers
According to the Australian Institute of Health and Welfare (AIHW), an alarming number of approximately 70,000 Australians are injured and hospitalised each year due to motor vehicle accidents. This statistic highlights the pressing need for legal assistance to help you secure the compensation necessary for your financial stability during the recovery process and beyond for the ones who lost their ability to work. However, not everyone is familiar with the legal terminology surrounding these claims. On internet hundreds of Australians search for “traffic accident claims” even though the conventional term is “motor vehicle accident claims”.
At Withstand Lawyers, we prioritise our clients and aim to assist as many traffic accident clients as we can by providing understandable information and representation. So, as an experienced traffic accident lawyer, I will explain the eligibility, compensations entitlements, and how we can help you claim them on a No Win No Fee basis for traffic accident claims using the language that is easy for you to understand.
Traffic Accident Claim Eligibility
A traffic accident claim, also commonly referred to as a motor vehicle accident claim, is what you do when you have been injured in a motor vehicle accident and seek to claim compensation for your injuries.
A road accident claim includes collisions between:
It also includes incidents on public roads, highways, or private property where motor vehicles are involved. Regardless of the specific circumstances, the purpose of a traffic accident claim is to hold the mostly at-fault party accountable and obtain compensation for the physical, emotional, and/or financial hardships suffered because of that accident.
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When making a traffic accident claim, it is crucial to establish liability and prove that the other party’s negligence or recklessness caused the accident and resulting injuries. This involves gathering evidence such as:
- Accident reports
- Eyewitness testimonies
- Medical records
- Photographs
- And any other relevant documentation that supports your claim.
Working with our experienced lawyers for your motor vehicle accident can increase your chances of having liability admitted and maximising on your compensation entitlement in the most efficient way.
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Traffic Accident Compensations: What Are You Entitled To?
After a motor vehicle accident you may be entitled to the followings:
- Medical Expenses: The at fault vehicle insurer can cover all reasonably necessary and medical expenses on your behalf so you are not out of pocket. This includes costs related to hospital stays, surgeries, doctor visits, medications, rehabilitation, physical therapy, and any other medical treatments or procedures necessitated by your injuries.
- Lost Wages and Income: If the injuries sustained in the traffic accident have prevented you from working or resulted in a loss of income, you may be entitled to benefits for the wages you would have earned during the recovery period.
- Lump sum Payout: This includes not only the immediate impact on your ability to work but also any long-term effects on your earning capacity due to what disabilities or limitations you may suffer because of the accident. To be entitled to the lump sum payouts your injuries must be “not threshold injuries”. So, for physical injuries, for example, would be injuries that include complete or partial rupture of tendons, teas, nerve damage, ligaments, meniscus or cartilage, fractures, and permanent scarring. For psychological injuries an injury that is not a threshold injury is Post-Traumatic Stress Disorder (PTSD) or Major Depressive Disorder. To find out whether you are eligible for a lump sum payout contact us.
- Pain and Suffering: Beyond the financial losses, you may be entitled to compensation for the physical pain and emotional suffering caused by the motor accident. Pain and suffering compensation aims to compensate you for the physical discomfort, mental anguish, emotional distress, loss of enjoyment of life, and other non-economic damages you have endured. To be entitled to the pain and suffering compensation, your permanent impairment must exceed 10% whole person impairment. To find out whether you are eligible for pain and suffering payout we advise you to contact us.
At Withstand Lawyers, we are dedicated to ensuring you understand your entitlements simply, receive the maximum compensation possible for your traffic accident claim in the most efficient way. Our experienced team of lawyers will assess the specific details of your claim, evaluate the compensations you may be entitled to, and diligently pursue your claim on your behalf. We understand the complexities of determining the value of your claim and will work tirelessly to help you receive the compensations you deserve.
Contact Withstand Lawyers today for a free claim check and let us guide you through the process of seeking the compensations you are entitled to. Remember, our no win no fee policy means you can pursue your claim without worrying about upfront costs or fees.
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How to Make a Motor Vehicle Claim with Withstand Lawyers
Our team of dedicated traffic accident lawyers is here to guide you through every step of the claim process, ensuring that you receive the support and compensation you deserve. In this section, I will outline how you can make a claim with Withstand Lawyers and take advantage of our experience in motor accident claims.
- Free Claim Check: This initial assessment allows us to evaluate the viability of your claim. During the claim check, our experienced motor accident lawyers will review the details of your claim, including the accident circumstances, injuries sustained, and any available evidence. This evaluation will provide you with a clear understanding of your legal rights and options moving forward.
- Consultation with Our Accident Lawyer: Once we have assessed your claim and determined its potential, we will schedule a consultation with one of our traffic accident lawyers. Our lawyers will answer any questions you may have and provide you with personalised advice and guidance tailored to your circumstances.
- Building Your Claim: Once you have decided to proceed with Withstand Lawyers, our team will start building a strong claim on your behalf. This includes gathering evidence, such as accident reports, medical records, witness statements, and any other relevant documentation to account for all your injuries and potential losses.
- Negotiation and Settlement: Withstand Lawyers will engage in negotiations with the at-fault party’s insurance company or legal representatives to seek a fair settlement. Our lawyers have extensive experience in handling road accident claims and are skilled negotiators. We will tirelessly advocate for your rights and fight for the maximum compensation possible.
- Representation: In some cases, if a fair settlement cannot be reached through negotiations, it may be necessary to pursue your claim in the Personal Injury Commission or Court. Withstand Lawyers has a strong team that can represent you effectively regardless of whether informally or formally.
Due to our no win no fee policy you will not pay us out of pocket until you receive your motor vehicle compensation payout. We have motor accident lawyers who serve our clients in both NSW and WA. Contact Withstand Lawyers today!
Frequently Asked Questions About Traffic Accident Claims
What is the time limit to make a claim after a traffic accident?
How long does a road accident claims process take?
What are the most common motor accident injuries?
How is fault determined in a traffic accident claim?
What happened if I was partially at fault?
What compensation can I claim after a NSW traffic accident?
How long does a NSW traffic accident claim take to settle?
Will I have to go to court for my traffic accident claim?
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.
Why Choose Withstand Lawyers for Your Traffic Accident Claim?
A traffic accident can upend your income, your health and your family in an instant, and the insurer will not always tell you everything you are entitled to. Withstand Lawyers guides injured people through the NSW motor accident scheme, from lodging your Personal Injury Benefits Form within three months to protecting your right to common law damages when your whole person impairment exceeds 10%. We fight unfair fault findings, so a partial-fault reduction does not quietly strip your payout, and we keep your claim moving toward the best possible result. You recover 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.
“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!” “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.” “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.” “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.” “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.” Every motor vehicle accident claim is handled by a personal injury lawyer with dedicated motor vehicle accident experience. 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. 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. 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. 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.4.9 ★ — 265+ Reviews
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