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Injured in an accident? Know your rights.

Being injured in a car accident is incredibly stressful, as you deal with your injuries, treatment, and recovery. It can also cause significant financial stress if you can’t work and the bills start piling up. 

Fortunately, in Australia, we have schemes to provide you with medical treatment, rehabilitation, income support, and potentially large lump sum payments if your injuries are serious. However, many Australians with car accident injuries risk missing out on their full entitlements because they don’t understand their rights.

This article covers the most common car accident injuries to help you understand all your rights and entitlements. 

Woman with sore neck getting out of the car after a car accident

Injured in an accident – start here.

We’ve provided advice to thousands of injured motorists following an accident, and here are the four most common situations we come across:

If you need some time off work because of your injuries, it’s likely you can claim compensation to cover your lost wages and treatment expenses. Read on to learn more about your specific injury and entitlements.

More serious injuries may require longer periods off work, surgery, and ongoing treatment. As well as covering your lost wages and treatment, compensation for more serious injuries can include significant lump sums. This is covered in this article.

If your car accident injury stops you from returning to work, there are additional entitlements that may be available to you. These may include lump sums for common law damages, pain and suffering, and TPD (total and permanent disability).

Psychological injuries from car accidents are also quite common. Your rights following a psychological injury from a car accident are the same as your rights for a physical injury, including compensation to cover your time off, treatment, and potentially large lump sums.

Your car accident injury rights.

All Australian states have insurance schemes to support you if you’re injured in a car accident. 

In NSW, all registered vehicles must have CTP (Compulsory Third Party) insurance, and it’s the insurer of the at-fault vehicle that pays your entitlements if you’re injured.

In Victoria, the TAC (Transport Accident Commission) runs a government insurance scheme that pays car accident injury entitlements.

The rules and entitlements vary between states, but in general, your injuries will be classified as less serious/minor, or more serious. This injury classification determines the level of benefits you’ll receive and affects your rights to lump sum compensation, which may be available if your injuries (physical or psychological) are considered serious.  Read on to learn about different injuries and understand your rights. 

Less serious or minor car accident injuries:

These are injuries you’re expected to recover from in a relatively short time. Here are some examples:

Whiplash is a neck injury that occurs when the head is suddenly and forcefully thrown backward and then forward, which can strain or tear the muscles, ligaments, and tendons in the neck.

Treatment usually involves rest, pain relief, physical therapy, and in more severe cases, medical intervention. Compensation is generally available to cover your time off work and treatment, including physical therapy.

This includes minor cuts, abrasions, and bruising

Soft tissue injuries are generally treated by a doctor or in emergency but may require follow-up visits for dressings. You can generally claim for any time off work and hospital / medical bills.

Back pain that’s muscular (i.e. not a fracture or spinal injury) is generally treated with pain medication, massage, physiotherapy, or chiropractic treatment, all of which are generally covered by a car accident injury claim. You can also claim for time off work.

Muscle tears and strains are usually treated with rest, pain medication, and physical therapy like massage. Recovery times vary, with minor strains healing in a few weeks.

Benefits are generally available to cover all your treatment and time off work.

More serious car accident injuries:

These are injuries that have longer recovery times and may result in some level of permanent impairment. Here are some examples:

Fractures and breaks from car accidents often require surgery which can mean long periods off work and in some cases long rehabilitation times. 

Compensation may be available to cover your time off work, ambulance, and medical bills including x-rays, treatment, surgery, and rehabilitation. For more serious fractures that result in long-term impairment, additional lump sums may also be available.

Serious head and brain injuries include bone or skull fractures, haemorrhages, and TBIs (traumatic brain injuries). Brain injuries can also have delayed symptoms, so they must be given time to stabilise and then assessed correctly to make sure you get your full entitlements. 

These more serious head and brain injuries often qualify for lump sum compensation on top of personal injury benefits like income support and medical treatment. 

Spinal cord injuries can result in some level of permanent impairment, which can lead to significant time off work and ongoing expenses. 

Car accident compensation is generally available to cover these expenses and may include the ongoing cost of care, modifications to your home, and other major expenses.

Severe tears may require surgery and recovery can take several months or longer. 

If surgery is required, it’s generally covered by car accident injury benefits, in addition to payments for other treatment, rehabilitation, and time off work.

Being involved in, or witnessing an accident on the road can lead to serious psychological injuries like depression, anxiety, or PTSD. To be eligible to claim compensation, you’ll need to see a doctor for an official diagnosis.

If your diagnosis confirms your psychological injury was caused by the accident, then you can claim compensation, including potentially large lump sums depending on your level of impairment.

Burns and significant scarring may require surgery (including plastic surgery), ongoing treatment, and rehabilitation, and are generally considered more serious injuries as far as car accident compensation is concerned. So as well as income support and treatment being covered, lump sum compensation may also be available. 

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Not all car accident injuries are obvious.

A point that’s often missed is that your rights to medical support and compensation for your injuries don’t just apply to the ‘obvious’ injuries that were caused by your accident. Some injuries and illnesses can develop or worsen over time and may be brought on by your initial injuries or treatment. 

Here are three examples of injuries that can be overlooked: 

For example, if you’re on long-term pain medication because of your car accident injuries and the medication causes side effects, then you may be entitled to additional treatment or compensation. 

For example, a leg injury may cause a limp, and over time this may result in back problems. Even though the back problem wasn’t directly caused by the accident, it’s likely that you can still claim compensation for it. 

A psychological injury like PTSD can develop some time after an accident, however, if it can be shown that it was caused by the accident, then it may qualify for compensation. 


Injured in an accident  – what compensation can I claim?

Compensation and entitlements vary from state to state, but in general, your rights to compensation may include:

Where can I get advice on my car accident injury rights?

If you’ve been injured in an accident and you’re not sure what to do, you can call 13 15 15 and get free legal advice on your rights. 

If your injury qualifies for compensation, we can take care of your claim from start to finish, and you only need to pay us if we win and you receive your compensation.

Law Partners is Australia’s largest specialist personal injury firm, with teams that specialise in car accident injuries. We take time to get to know you personally and uncover all your entitlements, and we win over 99% of our cases.

If you’re based in Victoria, Law Partners has a team of specialist Motor vehicle accident lawyers in Victoria ready to help.

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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