Motor Vehicle Injury
Please Note: From 1 December 2017, there has been changes to the motor vehicle injury claims in New South Wales. If you have been injured due to someone else’s negligence (ie; driver at fault) then what you claim will depend on whether your injury is classified as minor or not.
What is considered as a minor injury?
Minor injuries are considered as either soft tissue injury or minor psychological injury. If your injuries are considered as minor, then the insurer will pay for your:
- Weekly income support payments
- Medical and treatment expenses
- Domestic and personal care services
However, after 26 weeks, if the insurer still recognises your injuries as minor then they may cease all your weekly income support payment, medical and treatment expenses and domestic and personal care services.
If your injuries are not considered as minor, then you can make a compensation claim for:
- Past and future loss of earnings and superannuation
- Past and future medical expenses
- Rehabilitation expenses
- Pain and suffering and loss of enjoyment of life. This type of compensation is only available if it is found that you have suffered a Whole Person Impairment over 10%.
Understanding and identifying what can be considered as minor injuries and what cannot, can be quite complex. Hence you should have a discussion with your lawyer and understand what rights you hold against the insurer.
Who can claim?
In NSW if someone has been injured in a motor vehicle road accident,there are many situations where that person can make an injury compensation claim. Whether the person is a driver, passenger, pedestrian, bike rider or a cyclist.
DRIVER AT FAULT: if the driver in limited extend is at causing his own injuries he may still be able to make a claim but will receive a less amount of compensation as compare to the one who is not partially at fault.
OTHER DRIVER AT FAULT: If a person is injured in an accident and can prove that the driver was completely or partially at fault so that the person can claim for personal injury compensation.
How much will it cost to make a motor vehicle accident claim for compensation?
We offer a No Win, No Fee* arrangement for motor vehicle and road accident claims because we believe anyone with a claim deserves access to legal representation,no matter their financial circumstances.
This means you don’t have to pay our legal fees unless your claim is successful.
For more information on our guarantee to you,don’t hesitate to contact us for a
confidential and obligation-free discussion.
Are there any time limits to making a motor vehicle accident claim for compensation?
In most circumstances, strict time limits apply. Usually, the time to lodge a claim is within three years of the incident, but in some circumstances, it may be sooner.
It’s important to seek legal advice from an experienced motor vehicle accident lawyer as soon as possible to ensure your entitlements are protected.
