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Motor vehicle accident claims


A motor vehicle accident (“MVA”) claim is made following a motor vehicle accident. MVA claims vary and may be related to:

  • Compulsory Third Party claims
  • Personal injury claims for drivers and passengers
  • Pedestrian and cyclist injuries

If you have been injured in a motor vehicle accident you may be able to make a claim for personal injury compensation under the Compulsory Third Party (CTP) scheme.

Your compensation depends on the type of injuries you sustained, your circumstances at the time of the accident and the circumstance of the accident itself. Your claim could be for economic or non-economic loss, or both.

Economic loss includes the loss of ability to earn an income including loss of superannuation benefits.

A claim for non-economic loss is for the pain and suffering and loss of enjoyment of life that you have experienced.

There are time limits on when you are required to have lodged your claim.  You should notify the CTP insurer, the Police and seek legal advices within 28 days of the date of your accident to best protect your legal position and interests.


What legal costs are payable?

For Statutory Benefits Claims and Common Law Damages claims resolved for less than $75,000.00 all the costs are payable by the Insurer.

For Common Law claims above $75,000.00 the Insurer pays towards your costs but not all your costs. We act in such matters on the basis that our costs are what they are in our Costs Retainer or they will be capped at 30% of the compensation you receive, whichever is the lesser, meaning that you will receive the majority of any compensation payable to you not matter what occurs.

Also, our fees are also only payable at the conclusion of the matter and only if you are successful in obtaining compensation.

Are there time limits?

Yes, there are. To best protect your position so there are no out of time issues and you are paid all the entitlements that you are entitled to, you should seek legal advice as well as report the accident to the Police and lodge a Statutory Benefits Claim with the relevant CTP Insurer within in 28 days. (A Statutory Benefits Claim can be lodged within three months of the date of the accident but if it is lodged outside 28 days from the date of the Motor Vehicle Accident there will be no back payment of weekly benefits for loss of wages).

Which motor vehicle accident injuries can I claim for?

Strictly speaking, you can claim for any type of injury that you suffer following a motor vehicle accident in NSW, as long as your injury has resulted in time off work or treatment expenses.

According to SIRA (the State Insurance Regulatory Authority), the most common injury is whiplash, however, other common injuries include:

  • Bruises, cuts and lesions
  • Fractures and broken bones
  • Trauma to the head
  • Burns
  • Psychological trauma

You can claim for:

  • Reasonable and necessary medical and treatment expenses
  • A percentage of your pre-accident weekly earnings if you need time off work because of your injuries (even if you’re self-employed)
  • Paid domestic and personal care if you need help while you recover

You might also be able to claim vehicle accident compensation for pain and suffering and future loss of wages if you weren’t at fault and you’ve sustained more serious injuries (referred to as “non-minor” injuries). These amounts are paid as lump sums and, depending on the extent of your injuries, they can be significant amounts.

You can’t make a claim if you:

  • Have been charged with or convicted of a serious driving offence in connection with the accident
  • Were the at-fault driver of an uninsured motor vehicle and you knew the vehicle was uninsured.
Who’s covered under the NSW CTP Scheme?

Motor vehicle accident injury compensation in NSW is available to drivers (whether they’re at fault* or not), passengers, riders and pedestrians involved in the following types of accidents:

Car accidents - Drivers and passengers of all registered cars in NSW

Truck accidents - Drivers and passengers of all registered trucks in NSW

Bicycle accidents - Cyclists involved in accidents with any motor vehicles – including cars, trucks, motorcycles and buses

Motorcycle accidents - Motorcycle riders involved in accidents in NSW, whether or not they involve another vehicle

Pedestrian accidents - Pedestrians hit by motor vehicles in NSW

Taxis and private hire cars - Drivers and passengers in taxis and hire cars involved in accidents

Bus accidents - Drivers and passengers of buses involved in motor accidents in NSW

Forklift accidents - Drivers of forklifts and people involved in accidents with forklifts in NSW. If the accident is work related, you’ll also need to make a workers compensation claim against your employer’s workers compensation insurer.

*You may not be able to make a claim if you were the at-fault driver, and you were either convicted of a serious offence in connection with the accident, or driving an uninsured motor vehicle and you were aware the vehicle was uninsured.