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WINNER Personal Injury Law Firm of the Year

Car Accident Back Injury Compensation – Know Your Rights. 

If you’ve injured your back in a car accident, you may already know that you’re entitled to compensation to cover your medical expenses and lost wages. But you may not know that because car accident back injuries are often serious, you may be entitled to a lump sum payout. In the last year, over $700 million was paid out in lump sum compensation for car accident injuries in NSW. *  

There’s more to making a car accident back injury claim than just applying for personal injury benefits, so in this guide, we’ll cover everything you need to know about the process. This includes:  

*According to SIRA Open Data, October 2023 

Woman with back injury from car accident sitting in car and holding her back.

Claiming car accident back injury compensation – what you need to know.  

If you’ve been involved in a car accident, it’s important to understand that even if your claim is accepted, you won’t automatically receive everything that you’re entitled to. We’ve helped thousands of people claim additional car accident back injury compensation.  

Here are the four most common situations our clients find themselves in when they claim car accident back injury compensation.

1- You’ve injured your back in a car accident but you haven’t yet claimed: 

If you haven’t made a claim yet, then the first thing you’ll need to do is visit your GP. They’ll provide you with a certificate of capacity which explains what work you’re capable of doing, which you’ll need if you take time off work due to your injuries.  

You’ll then need to lodge your application for personal injury benefits to cover your treatment expenses and lost wages. The biggest mistake you can make here is assuming that you’ll automatically receive everything that you’re entitled to; read on to learn more about this.

2- You’ve submitted an application for personal injury benefits, but not a lump sum claim: 

Once you’ve lodged your claim for personal injury benefits, you may start receiving weekly payments to cover your lost wages and money to pay for your medical expenses. You need to apply for lump sum payouts separately, and there are two types of payments available: future income loss, and non-economic loss (sometimes known as pain and suffering). 

Our detailed guide to claiming a car accident injury lump sum will show you how to:  

  1. Check your eligibility  
  2. Know when to make your lump sum claim 
  3. Lodge your claim  
  4. Get help with your claim 

3- Your car accident back injury lump sum claim was rejected:  

If you feel that your claim has been unfairly denied, here are two steps you can take: 

Steps Process
Step 1 – Request an Insurer Internal Review (IIR).

If you request an IIR, it means you disagree with the insurer’s decision to reduce or cut off your benefits and you’re asking them to review your case file again. The letter you receive from the insurer will outline their reasons for cutting you off. You need to address each one of these reasons in your request for an IIR.

Step 2 – Escalate the dispute to the Personal Injury Commission (PIC).

In most circumstances you need to request an IIR before you can take your matter to the PIC. The PIC will assist in one of two ways:

  • Facilitate the understanding of issues between insurer and injured persons to mutually resolve these disputes.
  • Arrange an independent and binding decision by an expert assessor.

It’s important to be aware that strict time limits apply to IIR and PIC disputes, so getting help from a car accident compensation lawyer will give you the best chance of success. For more information, you can call us on 13 15 15 or see our article on checking and disputing denied CTP claims.

4- Your injuries were assessed as below threshold (minor) but you want to challenge the assessment:  

This is another common dispute that can significantly impact how much car accident back injury compensation you can claim. If your injuries are incorrectly assessed as being below threshold (minor) then your benefits may be cut off before you’ve fully recovered, and you might miss out on lump sum compensation that you’re entitled to. 

We can help by arranging an assessment by a doctor who’s familiar with the claim process and cases just like yours, to make sure your injuries are thoroughly assessed.

Find out how much you can claim.

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Do I qualify for car accident back injury compensation? 

The amount of compensation you qualify for will depend on your specific circumstances, but there are some factors that make it more likely that you’ll be able to claim. For example, injuries that require surgery are more likely to make you eligible for a lump sum car accident back injury payout.

Some common back injuries that may qualify for compensation include:  

While whiplash is often assessed as a threshold (minor) injury, the impacts can be severe, and this type of injury can worsen with time.  

Car accidents can cause strains and sprains to the tendons and muscles in your back. These injuries are also often considered threshold (minor) and can’t be seen with an x-ray, so you may need to see a specialist physician to diagnose these types of injuries.  

There are 33 bones that make up the spine, and a car accident can cause fractures or breaks in any of these bones. You’ll need an x-ray to tell if your back is fractured or broken.  

Nerve compression, slips, bulges, and ruptures are all potentially serious back injuries that can be caused by a car accident.  

What’s the average compensation for a car accident back injury? 

In the 12 months leading up to September 2023, there were 11,770 reported claims for motor vehicle accident compensation in NSW and $1.21B was paid out in personal injury benefits and lump sum compensation. That’s an average payout of $102,804 in statutory benefits and lump sum compensation for every claim reported. 

There’s no specific average payout for car accident back injuries, and your settlement will depend on the severity of your injuries. But compensation for serious back injuries can be significant, as is likely to be higher than the average payout. If you’d like to get a sense of what your car accident compensation payout might be worth, you can try our CTP calculator, or call us today to speak to one of our specialists.  

*According to SIRA open data, October 2023 

Car accident back injury compensation FAQs.

Even an accident that seems minor can cause you back pain. If the pain is ongoing and lasts for more than two weeks, then it’s time to get some professional advice. You should start by seeing your GP to get a certificate of capacity and speaking to a lawyer for some professional advice about whether you’re eligible to make a claim. 
You can chat with us online or give us a call on 13 15 15 for some free, personal advice about whether you can claim compensation for your back injury after a car accident.   

A car accident can make existing injuries much more serious. If a car accident has caused your injuries to get worse, or cause you more pain, then it’s likely that you’ll still be able to make a claim.  
If you have existing injuries, it’s important to get advice from a CTP lawyer about your options. A good lawyer will be able to prove the difference between your initial injuries, and the impact of the car accident so that you can claim everything that you’re entitled to. 

Even if you didn’t start experiencing pain immediately, you may still be eligible to make a car accident back injury compensation claim. Car accidents can cause degenerative disorders that cause your injury to progress over time, or they can speed up an existing issue that you didn’t know was there. These cases are difficult, and your best chance of making a successful claim is with the help of a CTP lawyer.  

How can I get help with my car accident back injury compensation claim? 

You can get help with your claim by speaking to a specialist CTP lawyer to make sure that you don’t miss out on anything that you’re entitled to. At Law Partners, we win over 99% of our cases, and we operate on a no win, no fee basis. That means that if your claim isn’t successful then you don’t have to pay anything.  

If your car accident back injury compensation claim is successful, there’s a cap on what your lawyer can charge, and in many cases, the insurer will pay for your lawyer’s fees. Our specialist car accident lawyers will explain all of your fees so that there are no surprises at the end. To find out more about your options, give us a call on 13 15 15 or send us a message and we’ll get back to you with some free advice about your situation.  

Tanja Maksimovic

Managing Solicitor

An accredited specialist in personal injury law, backed by over 10 years’ experience in assisting injured Australians receive everything they’re entitled to with their motor accident claim.

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