Personal Injury
Motor Vehicle Accident Lawyers

Motor vehicle accident claims are not just for drivers and passengers of cars, trucks, motorcycle riders, pillion passengers and other motor vehicles.

You may also be able to make a claim if you were:

• Required to take evasive action in order to avoid a motor vehicle accident – this can include evasive action taken as a pedestrian, cyclist or motor vehicle driver.
• A first responder to a motor vehicle accident. A pedestrian injured by a motor vehicle, motor cycle, truck or other registerable vehicle.
• A cyclist injured by a motor vehicle, motor cycle, truck or other registerable vehicle.
• A passenger injured during a trip on a tram, train, bus, ferry or any other type of public transport.
• Riding a quad bike.

Compensation can also be paid for deaths suffered in motor vehicle accidents. Compensation can be paid to passengers of vehicles and pedestrians injured in motor vehicle accidents, including children.

If you are a family member who has suffered a psychological response to the injuries suffered by someone involved in a motor vehicle accident. This is very common particularly for parents who suffer severe reactions to injuries suffered by their children in an accident.

Your motor vehicle accident claim will be made against the CTP insurer of the motor vehicle at fault. CTP means compulsory thirty party. This is a type of insurance which all motor vehicle owners in NSW are required to have when registering a motor vehicle. It is also commonly referred to as greenslip insurance.

We can find the CTP insurer of a vehicle so do not worry if you did not exchange these details with the at fault driver. Alternatively, you can call the State Insurance Regulatory Authority (SIRA) who will help you identify the correct CTP insurer on 1300 656 919.

Different processes apply to accidents that happened before 1 December 2017 and those that happened on or after 1 December 2017.

People injured in accidents on the road in New South Wales receive treatment and care and income support benefits for the first 52 weeks after the accident on a no-fault basis. That means almost everyone receives at least 52 weeks of statutory benefits.

For accidents which occurred on or after 1 December 2017 you have the right to make an immediate claim for statutory benefits – this is a claim for the cost of treatment and care and lost income.

After the initial period of 52 weeks the NSW Government’s scheme provides that you can continue to claim benefits, but only if your injuries are determined to be a “non-threshold” injury and only if you were not ‘wholly or mostly at fault’.

Whether you have a claim beyond the first 52 weeks depends on the type of injuries you sustained in the motor vehicle accident.

Yes. Strict time limits apply and as such it is important that you make your claim as soon as possible after the accident. The time limits which apply will depend on the date of your accident.

For accidents which occurred after 1 December 2017 you must lodged your claim on the CTP insured within 28 days to be eligible for income loss from the date of the accident.

The time limit to bring a claim is three months from the accident however this time limit can be extended in certain circumstances. It will be necessary to provide a detailed explanation for any delay if your claim is lodged outside three months.

If you are injured in a road accident you should contact our motor vehicle accident solicitors for advice as soon as possible.

If you suffered serious injuries in a motor vehicle accident and you were not at fault you may be eligible to make a claim for your pain and suffering (also known as non-economic loss) if your whole person impairment is greater than 10% (ie. 11% or more).

Whole person impairment is a concept contained within the Act of Parliament that governs motor accident compensation.  The government considers people with a greater than 10% whole person impairment have more serious injuries and allows them to recover damages for their pain and suffering.

The maximum anyone can receive for their pain and suffering if injured in NSW is $605,000.00.  This amount is indexed on 1 October each year.

Many people fully recover from injuries sustained in an accident and do not need personal injury benefits for more than 52 weeks. However, there are certainly other people who have more serious injuries, some who take longer to recover and others who are able to make a different type of claim that is a claim for common law lump sum damages.

You are able to make a common law (lump sum payout) claim for injuries you have suffered in a motor vehicle accident if:

• The insurance company has accepted that you have suffered a non-minor injury; and
• You were not wholly or mostly at fault for the accident.

A common law (lump sum) claim may include compensation for your pain and suffering and the loss of enjoyment of life as well as compensation for your past loss of earnings and any future loss of earnings.

If you were injured in a motor vehicle accident during the course of your employment and you are eligible to make a workers compensation claim with your employer’s workers compensation insurer you must lodge this claim to receive payment of your lost wages and treatment expenses.  You will not be entitled to receive motor vehicle accident benefits for your lost wages and treatment expenses as well.

You should seek legal advice from a motor vehicle accident lawyer about whether you can make a claim for a lump sum payment from the CTP insurer of the vehicle that caused the accident.

Yes.

You can claim if the motor vehicle is unidentified or unregistered for example a hit and run accident. These claims are against the nominal defendant.

You cannot make a claim for compensation if the vehicle that you were driving was uninsured, and the accident was mostly your fault.

The length of time a motor vehicle accident claim can take varies from case to case.

Any lump sum claim is once and for all. This means that we often need to wait for your injuries to stabilise and until we know the full impact your injuries will have on your life before we can try to finalise your claim.

It can take several years to finalise claims especially when there are complex injuries requiring lengthy treatment programs.

Your motor vehicle injury compensation can be settled by reaching an agreement with the insurance company or by being formally determined by a Member of the Personal Injury Commission or a Judge in a Court.

The vast majority of compensation claims are resolved through settlement, particularly if the circumstances of the injury are straightforward. This is because both parties are generally keen to avoid costly, lengthy and stressful court processes.

As every case is different, legal costs will largely depend on the amount of work required to resolve your motor vehicle accident claim.

On average, a claim may take between 12 and 18 months to resolve. More complex cases may take even longer, particularly if the claim is disputed by the other party and the case is brought to court.

At Stacks Goudkamp, we alleviate the added stress of legal costs by offering clients a “no win, no fee” service and we will provide you with the support you need to access appropriate medical treatment and obtain your motor vehicle accident compensation payout.