Truck Accident Lawyers

Issa Rabaya

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Issa Rabaya

Principal Lawyer and Director · Last updated 22 August 2026

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Key Takeaway: If you were injured in a collision with a truck in NSW, you claim through the at-fault vehicle’s CTP (green slip) insurer under the Motor Accident Injuries Act 2017. Statutory benefits start regardless of fault, and lodging within 28 days backdates income support. Non-economic loss is capped at $691,000.

Truck Accident Lawyers NSW: Quick Answers

Can you claim compensation after a truck accident in NSW?
Yes. If you were hurt as a driver, passenger, rider or pedestrian in a collision with a truck, you claim through the at-fault vehicle’s CTP insurer under the Motor Accident Injuries Act 2017. Statutory benefits cover treatment and lost income regardless of fault, and a lump sum is available for non-threshold injuries. Lodging within 28 days backdates income support to the accident date.
Is there a time limit on a truck accident claim in NSW?
Yes. Lodging within 28 days backdates income support to the accident date, and the full Application for Personal Injury Benefits is due within 3 months. An Application for Common Law Damages is due within 6 months and a general damages claim within 3 years. Late claims are allowed with a full and satisfactory explanation, but the earlier you lodge, the stronger your position.
How much is a truck accident claim worth in NSW?
It depends on injury severity. Because trucks are heavy, injuries are often serious, and a common law lump sum for a non-threshold injury commonly ranges from around $120,000 for soft-tissue damage to over $1 million for spinal cord or brain injury. Non-economic loss for pain and suffering is capped at $691,000. Statutory benefits also cover treatment and up to 95% of pre-accident income early on.

Withstand Lawyers is the firm injured people across NSW turn to after a serious truck accident. We focus exclusively on personal injury and compensation law, with extensive experience in CTP and heavy vehicle accident claims, and a proven record of settlements for people hurt in motor vehicle accidents. You focus on recovering, and Withstand Lawyers handles the claim, on a no win, no fee basis. Withstand Lawyers has acted for injured people across NSW since 2014, with over $60 million recovered, a 99% success rate, and a top-rated service backed by a 4.9-star Google rating and over 250 5-star reviews. We tell you what your claim is worth, without pressuring you to settle.

Truck driver after a heavy vehicle accident claim in NSW

Can you claim compensation after a truck accident in NSW?

Yes. If you were injured in a collision with a truck in NSW, you can claim compensation through the CTP insurer of the vehicle at fault, under the Motor Accident Injuries Act 2017. The scheme is the same one that covers every car crash in NSW.

It does not matter whether you were the driver of a car hit by a truck, a passenger, a motorcyclist, a cyclist or a pedestrian. If a truck, semi-trailer, 18 wheeler or other heavy vehicle was involved and someone was at fault, a compulsory third party (CTP or green slip) claim can be made. For the full picture of how a claim runs, see our motor vehicle accident injury claim guide and our CTP claims guide.

Call Withstand Lawyers on 1800 952 898 or request a free claim check to find out what you can claim after a truck accident.

Who can you claim truck accident compensation from in NSW?

You claim against the CTP insurer of the vehicle that was at fault, not against a person or a trucking company directly. Every registered NSW vehicle, including trucks, carries CTP insurance for exactly this.

  • The truck driver was at fault: you claim against the truck’s CTP insurer.
  • Another driver caused the crash: you claim against that vehicle’s CTP insurer, even if you were the truck driver.
  • Both drivers share blame: you can still claim, and any contributory negligence reduces the lump sum by your share of fault.
  • You were a passenger in a car hit by a truck: you are almost never at fault, so a passenger claim is usually straightforward.
  • The truck was unidentified or uninsured (a hit-and-run): you claim through the Nominal Defendant scheme, the same route explained in our hit-and-run claim guide.

The major NSW CTP insurers are NRMA, GIO, AAMI and QBE, all regulated by the State Insurance Regulatory Authority (SIRA). If fault is disputed, our not-at-fault car accident guide explains how liability is decided.

What compensation can you claim after a truck accident in NSW?

NSW runs a hybrid CTP scheme with two pathways: no-fault statutory benefits, and a fault-based common law lump sum. A person injured in a truck accident can access both, provided their injuries qualify.

Feature Statutory benefits Common law damages (lump sum)
What it covers Treatment, care and lost income while you recover Past and future economic loss, plus pain and suffering
Fault required? No (first 52 weeks, paid regardless of fault) Yes, you must not be mostly at fault
Injury threshold None to start; threshold injuries stop at 52 weeks Non-threshold injury; pain and suffering needs more than 10% WPI
Payment type Ongoing weekly payments and expenses One-off lump sum
Cap Income support based on pre-accident earnings Non-economic loss capped at $691,000
Can you receive both? Yes. Statutory benefits support you now; a lump sum resolves the claim later.

Income support is paid at 95% of pre-accident weekly earnings for the first 13 weeks, then 85% if you have returned to some work or 80% if you cannot, per SIRA. Reasonable treatment, rehabilitation and care are covered while your claim is open, and funeral expenses can be claimed where a person has died in a truck accident.

What are threshold and non-threshold injuries in a truck accident claim?

A threshold injury (previously called a minor injury) is limited to soft-tissue damage and minor psychological symptoms; everything more serious is non-threshold. The difference decides whether you can pursue a common law lump sum and benefits beyond 52 weeks.

Only a non-threshold injury opens the door to common law damages, and pain and suffering (non-economic loss) is payable only where whole person impairment is more than 10%, under the Motor Accident Injuries Act 2017. Pure soft-tissue whiplash is usually threshold, while non-threshold injuries include fractures, disc and spinal damage, nerve damage, brain injury and diagnosed psychological injuries such as PTSD. Because trucks are so heavy, truck accident injuries are more likely to be serious and non-threshold.

How much is a truck accident claim worth in NSW?

A truck accident claim is worth from around $120,000 for soft-tissue injury with a good recovery to more than $1 million for spinal cord or brain injury. The figure turns on injury severity, your whole person impairment, your income and how clearly the other side is at fault.

Injury type WPI % Payout range Key factors
Soft-tissue or minor whiplash, good recovery Under 11% $120,000 to $300,000 Return to work, limited ongoing loss
Herniated disc or shoulder, reduced work capacity 11% or more $400,000 to $700,000 Ongoing pain, restricted duties
Multiple fractures or internal injuries 11% or more $600,000 to $1 million+ Surgery, long recovery, partial capacity
Spinal cord or traumatic brain injury 11% or more $1 million to $2 million+ Lifelong care, no return to work
Amputation or catastrophic multi-trauma 11% or more $1 million to $2.5 million+ Permanent disability, high future care and loss

These are guides only, and every claim turns on its own facts. In 2024-25 SIRA recorded 14,789 new CTP claims with total payments of $1.7 billion, an average of $70,106 per claim, though serious heavy vehicle injuries settle for far more. See our permanent impairment payout amounts for how your WPI can affect your claim, and our claims won page for real outcomes.

What are the time limits for a truck accident claim in NSW?

NSW motor accident claims have strict deadlines, and missing an early one can quietly cost you thousands. Lodge as soon as you can.

Deadline What you must do
28 days from the accident Lodge your claim to have income support backdated to the accident date
3 months from the accident Lodge a Personal Injury Benefits Form for weekly benefits and treatment expenses
6 months from the accident Lodge an Application for Common Law Damages so your eligibility for a payout can be determined
3 years from the accident File an Application for General Assessment with your supporting documents in the Personal Injury Commission

You also need to report the accident to police within 28 days and obtain a Police Event Number, which is required on your Application for Personal Injury Benefits Form. Late claims can still be made with a full and satisfactory explanation, but the sooner you lodge, the safer your entitlements.

How do you make a truck accident compensation claim in NSW?

There are five steps, and a lawyer can handle most of them for you.

1. Report the accident to police within 28 days and obtain a Police Event Number so there is an official record.

2. Get medical attention immediately. Early records are critical evidence that links your injuries to the crash, and your GP completes a Certificate of Capacity.

3. Lodge your claim. Identify the at-fault vehicle’s CTP insurer via its registration, complete the Application for Personal Injury Benefits Form and submit it. Lodge within 28 days to backdate income support.

4. Liability decision. Within 9 months of lodging, the insurer must decide fault and whether your injury is threshold or non-threshold. You can seek independent review through the Personal Injury Commission.

5. Negotiate and settle. Your lawyer builds the evidence and negotiates. Most lump sum claims settle in negotiation or mediation without going to court.

Withstand Lawyers runs truck accident claims on a no win, no fee basis. Call 1800 952 898.

What are examples of truck accident compensation payouts in NSW?

Every claim turns on its own facts and these outcomes are not a guarantee, but they show how injury severity drives value for people hurt in a collision with a heavy vehicle.

Client Injury Settlement
Marcus, 41, car T-boned by a truck at an intersection Multiple rib fractures and a herniated disc, returned to work on lighter duties $520,000
Rosa, 37, rear-ended by a heavy vehicle on a motorway Spinal cord injury, unable to return to full-time work $1,650,000
Damien, 52, sideswiped on the highway by a truck Shoulder reconstruction and a fractured wrist, ongoing restricted duties $430,000

If you were rear-ended or your car was struck by a truck, Withstand Lawyers can assess your claim against the same NSW CTP scheme that covers every car accident in Sydney.

Do you pay anything upfront for a truck accident claim?

No. Withstand Lawyers runs truck accident claims on a no win, no fee basis, so there are no upfront costs and you only pay if your claim succeeds. This removes the financial risk of getting the legal help you need. Learn more about how no win, no fee works and how CTP claims are funded in NSW.

Truck Accident Lawyers NSW FAQs

What is a truck accident injury claim in NSW?
A truck accident injury claim is the process through which a driver, passenger, rider or pedestrian injured in a collision with a truck claims compensation under the NSW Motor Accident Injuries Act 2017. Claims can arise from crashes with commercial and privately operated semi-trailers, 18 wheelers and other heavy vehicles. You claim through the at-fault vehicle’s CTP insurer, which covers treatment, lost income and, for non-threshold injuries, a lump sum.
Who is eligible to make a truck accident claim in NSW?
You are generally eligible if you were involved in a truck accident as a driver, passenger, rider or pedestrian, suffered injuries, and were not mostly at fault. Statutory benefits for treatment and lost income are paid regardless of fault for the first 52 weeks. A common law lump sum requires a non-threshold injury and that you were not mostly at fault. Withstand Lawyers can assess your eligibility for free.
Can I claim if I was a passenger in a car hit by a truck?
Yes. A passenger injured when a truck hits the car they are in is almost never at fault, so a passenger claim is usually straightforward. You claim against the CTP insurer of whichever vehicle was at fault, which may be the truck or your own car. You may receive statutory benefits for treatment and lost income, plus a common law lump sum if your injury is non-threshold. Lodging within 28 days backdates income support.
How much compensation can I get for a truck accident in NSW?
It depends on injury severity, your whole person impairment, your income and fault. Because trucks are heavy, injuries are often serious. A non-threshold claim commonly ranges from about $120,000 for soft-tissue injury with a good recovery to over $1 million for spinal cord or brain injury, and non-economic loss for pain and suffering is capped at $691,000. For example, Rosa, 37, rear-ended by a heavy vehicle and left with a spinal cord injury, settled for $1,650,000.
How long do I have to make a truck accident claim in NSW?
Lodging within 28 days backdates income support to the accident date, and the full Application for Personal Injury Benefits is due within 3 months. An Application for Common Law Damages is due within 6 months, and a general damages application must be filed in the Personal Injury Commission within 3 years. Late claims can still be made with a full and satisfactory explanation, but the earlier you lodge, the stronger your position.
What is a threshold injury in a truck accident claim?
A threshold injury is soft-tissue damage in muscles, tendons and ligaments, or a minor psychological condition such as adjustment disorder. It does not include nerve damage or a rupture of tendons, ligaments, meniscus or cartilage. Whiplash is commonly classified as threshold. The distinction matters because only a non-threshold injury lets you claim income support beyond 52 weeks and a common law lump sum, with pain and suffering payable where whole person impairment is more than 10%.
Can I claim modified common law damages after a truck accident?
Yes, if you were not mostly at fault and your injuries are non-threshold. Modified common law damages compensate past and future economic loss, including superannuation and lost earning capacity, that you suffered because of the truck accident. Damages for pain and suffering are payable where your injuries are assessed at more than 10% whole person impairment, up to the non-economic loss cap of $691,000. Withstand Lawyers can explain how these damages are assessed for your circumstances.
Can I claim after a hit-and-run by an unidentified truck?
Yes. If the truck that caused your injury cannot be identified or was uninsured, you claim through the Nominal Defendant, a scheme funded by NSW CTP insurers. You must make reasonable enquiries to identify the vehicle, such as reporting to police and seeking witnesses or CCTV. These claims have strict evidence rules, so get legal advice quickly. The same 28-day, 3-month, 6-month and 3-year deadlines apply.
How much does a truck accident lawyer cost in NSW?
Withstand Lawyers runs truck accident claims on a no win, no fee basis, so there are no upfront costs and you only pay if your claim succeeds. Legal costs are deducted from your compensation settlement, and in NSW they are also regulated on CTP claims. During your free claim check, we explain exactly how fees work before you sign anything, so there is no financial risk to starting your claim.

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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Why Choose Withstand Lawyers for Your Truck Accident Claim?

Being injured in a truck accident is overwhelming, and the claims process can add stress when you are already trying to recover from serious injuries. When the injuries are this serious, the firm you choose matters. Withstand Lawyers brings over 40 years of combined experience in car accident compensation law and a proven record of helping seriously injured people across NSW rebuild their lives. Withstand Lawyers is dedicated to truck and heavy vehicle accident claims, combining deep knowledge of the CTP scheme with genuine client care and a relentless focus on the best result for you. We assess your eligibility, explain whether your injuries are threshold or non-threshold and how that affects your entitlements, and where possible complete and lodge your Application for Personal Injury Benefits Form so you can access statutory benefits from the date of the accident. We keep you informed in plain language and work to maximise your lump sum, and we tell you what your claim is worth without pressuring you to settle. Over $60 million recovered since 2014 for clients across Australia and NSW, a 99% success rate, no win, no fee. Call Withstand Lawyers today on 1800 952 898 or request your free claim check.

No Upfront Costs
No Win No Fee
99% Success Rate
Maximum Lump Sum Payout
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Iza Lavado
Jan 2024
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“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
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“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.”

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Jul 2026
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“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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