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Guide to Motor Vehicle Accident Compensation NSW.

As much as we hate to think about it, motor vehicles can be dangerous, and accidents happen. Motor accidents can cause significant physical and psychological injuries, and they can also cause financial stress from time off work and treatment expenses. In NSW, the CTP insurance scheme is there to support injured motorists. So if you’ve been involved in a motor vehicle accident in NSW and you’ve suffered an injury or loss, you can claim a motor vehicle accident compensation payout to ease the financial burden.

Woman injured in a motor vehicle accident and eligible for CTP compensation.

Vehicle accident claims in NSW

If you’ve been injured in an accident in NSW, you can make your vehicle accident claim under the at-fault driver’s CTP insurance policy. CTP insurance is compulsory for all vehicles on the road in NSW.

For example, if you’re rear-ended while waiting at traffic lights, and you’re injured to such an extent that you need hospital treatment and time off work to recover, you can make a motor vehicle accident compensation claim for your treatment, lost wages and home care if you need it. If your injuries are serious you can also claim additional lump sum compensation.

Even if you’ve only suffered very minor injuries, you might still be able to claim vehicle accident compensation—it costs nothing to find out how much you can claim. For an estimate of your motor vehicle accident injury entitlements, you can use this compensation payout calculator.

Which motor vehicle accidents can I claim for?

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:

Motor Vehicle AccidentsWho’s Covered Under the NSW CTP Scheme
Car accidentsDrivers and passengers of all registered cars in NSW
Truck accidentsDrivers and passengers of all registered trucks in NSW
Bicycle accidentsCyclists involved in accidents with any motor vehicles – including cars, trucks, motorcycles and buses
Motorcycle accidentsMotorcycle riders involved in accidents in NSW, whether or not they involve another vehicle
Pedestrian accidentsPedestrians hit by motor vehicles in NSW
Taxis and private hire carsDrivers and passengers in taxis and hire cars involved in accidents
Bus accidentsDrivers and passengers of buses involved in motor accidents in NSW
Forklift accidentsDrivers 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.

*Motor vehicle accident compensation payout amounts for at-fault drivers are limited to a maximum of 12-months’ benefits.

You can’t make a claim if you:

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:

You can claim for:

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 above threshold injuries). These amounts are paid as lump sums and, depending on the extent of your injuries, they can be significant amounts.

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How does the vehicle accident claims process work?

The motor accident claim process in NSW is managed by SIRA (the State Insurance Regulatory Authority) but claims are assessed and processed by the CTP insurers.

You must make your claim within 28 days to be eligible for income loss from the date of the accident. The final lodgement date is 3 months from the accident, although this can be extended in certain circumstances.

To claim motor vehicle accident compensation in NSW you’ll need:

For more information about the CTP scheme and how to lodge your own motor accident claim, read our article on how to lodge a CTP claim.

How long does a motor accident compensation claim take?

When motor vehicle accident compensation NSW claims are submitted, they’re assessed by the relevant CTP insurers. Within four weeks of a claim being lodged, you’ll receive a letter that states:

Then the insurer will start making payments to you within 14 days if they accept the claim.

Do I need to be a driver to claim motor vehicle accident compensation payouts?

No—anybody injured in a motor vehicle accident in NSW can make a claim.

Compensation is available for drivers and passengers in cars and other vehicles, including motorcycles. The CTP scheme also covers pedestrians, cyclists, and passengers on public transport or in private hire vehicles.

Is there a time limit?

Yes—it’s important to make your claim as quickly as possible. The sooner the better. The current legislation places restrictions on claims where the accident took place on or after December 1, 2017.

These restrictions mean that if you don’t make your claim quickly enough, you could be entitled to less (or no) compensation depending on the circumstances of your case.

For more detailed information, refer to our article ‘what you need to know about a CTP claim’ for a detailed explanation of the process.

What if my claim is rejected?

If your claim is rejected and you disagree with the decision, you might still be able to claim compensation.

A rejection doesn’t necessarily mean you’re not entitled to motor vehicle accident compensation. It may be that you filled out the claim form incorrectly or that the evidence that you provided wasn’t detailed enough.

In this situation, your first step should be to get free legal advice so that you can decide how to take your case further.

How much vehicle accident compensation can I claim?

The amount of motor vehicle accident compensation you’re able to claim depends on your accident and the circumstances surrounding it. Although claims cases can stretch into seven-figure territory, there are many factors that influence the final outcome. These include:

If you’d like to find out how much you could be entitled to, speak to the motor vehicle accident compensation NSW experts at Law Partners today. Or, read our CTP Claims Guide.

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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