Your Guide To Motor Vehicle Accident Compensation Claims

A caved-in windshield of a car


Contact your local team for a free consultation to find out if you are eligible for compensation

Recently Involved In A Motor Vehicle Accident?

Being involved in a motor vehicle accident is always a very frightening and traumatic experience, especially if you or any of your loved ones are injured. It is of course even more terrible if one of your loved ones dies as a result of the accident.

It is not just the pain and shock suffered when you, or one or more of your loved ones, are injured in a motor vehicle accident. Also very distressing and stressful is the loss of income and the expenses created by the accident. The financial losses caused by motor vehicle accidents take their toll. This is why most accident victims seek compensation for their pain and losses.

But what does the motor vehicle compensation claims process look like?
What do you need to know before engaging a motor vehicle compensation lawyer to help you with claiming compensation?

This extensive guide will provide you with all of the essential information that you need to seek and obtain motor vehicle injury compensation.

If you are seeking the compensation you deserve after being in a motor vehicle accident, these are the things that you need to know.

1. What are the first steps you should take after a motor vehicle accident?

If you are unfortunate enough to be involved in a motor vehicle accident, which is always a terrifying experience, there are steps that you should take to ensure the safety and health of everyone involved, and to prevent mistakes that could later affect the availability of motor vehicle accident compensation.

So, what exactly are you supposed to do if you are involved in a car accident? Here are some motor accident tips for you in the case of a road accident emergency.

Not having the correct information about the motor vehicle accident, it can make the process of lodging a claim difficult. By taking all the necessary steps set out above, should you find yourself in an accident, you’ll be well placed to obtain the best possible outcome of receiving the motor vehicle compensation payout you need and deserve.

2. How long do you have to lodge a motor vehicle compensation claim after being involved in an accident?

The most common question that motor vehicle accident victims have is “how long do I have to lodge a motor vehicle accident personal injury claim after the accident? “

The best rule of thumb to follow is to lodge the claim as soon as possible. Why? Details of the accidents will still be fresh in your mind and you will have access to all the necessary details and a clear picture of what happened. If you wait too long, you might not remember the precise circumstances or events leading up to the accident.

That being said, people injured in motor vehicle accidents have up to three months to lodge a claim. If, however, you are unable to work because of injuries suffered in the accident and you wish to claim and receive loss of wages you must lodge the claim within 28 days of the accident.

Lodging a claim can be a confusing process, particularly if you are unable to focus and concentrate because of your injuries. That’s why it is best for you to work with motor vehicle accident compensation lawyers who fully understand the process. They will be able to provide you with support every step of the way and improve your chances of your claim being approved.

3. How long do motor accident compensation claims generally take to settle?

A car wreck on the side of the road

If you are unable to work or to function normally because of your injuries, and/or you are experiencing severe emotional trauma, obtaining the support you need in relation to a motor vehicle compensation claim is critical in helping you recover from your injuries and resume your normal life. But, how long does it usually take for someone who is injured in a motor vehicle accident to obtain compensation for injuries and loss?

There is no clear-cut answer to this. Rather, it depends on several factors, which could shorten or extend the length of the claims process. These factors include:

It may be that you weren’t the only one who was injured or you working to the door stop or you weren’t injured at all stop if you are making a claim on behalf of a loved one who sadly passed away because of the accident or if a loved one was seriously injured in the accident, it could take some time before compensation is paid. Claims for young children generally take several years to be finalised.

Now, there are a few more details to discuss before we move on to other sections below. One additional detail we should mention is that, if your claim is rejected by the insurance company, that does not mean that you will not receive compensation for your injuries and loss.

Insurance companies frequently reject or delay claims because it is uncertain who was at fault for the accident, and who should be compensated. Engaging a motor vehicle claims lawyer will take away the stress of you having to deal with the insurer. They have the experience and knowledge to advocate hard for you against the insurer. This will also allow you to concentrate on recovering from your injuries and getting on with your life.

Another important thing for you to know before lodging a motor vehicle compensation claim is that missing the time deadline will not necessarily result in you not receiving compensation. If your claim is lodged late you may be required to explain the reasons for the delay which can be difficult and stressful. You will need the help of a motor accident lawyer to assist you with this in case you get it wrong and run the risk of being denied any compensation. It can be very tricky.

Whether you have recently been in a motor vehicle accident, or simply wish to know what to do in the event of being in one, please take note of all the guidelines above to help you successfully navigate the claims process.

4. What types of motor vehicle accident injury claims can you make?

Anyone who has been injured in a car accident, as a driver, a passenger, a pedestrian, a cyclist or motorcyclist, a truck driver, or even a passenger on a train may be entitled to receive compensation.

Compensation may also be available for the loved ones of a person killed in a road accident if they suffer nervous shock and/or were financially and/or personally dependent on the person who was killed, + funeral expenses.

What do you need to prove to be entitled to receive compensation, apart from the fact that you were injured, or a loved one tragically died, as a result of the accident?

The answer is negligence, also known as fault by the driver of another vehicle.

There are a variety of road or traffic accidents that can result in compensation being paid to people injured, or to the loved ones financially dependent on any person who died in a motor vehicle accident.

These are the categories of compensable accidents.

If you were injured while riding a motorcycle and the accident was not your fault you can seek compensation for your injuries and loss.

The contest between a bicycle and a motor vehicle is very uneven because of the damage a motor vehicle can cause to a cyclist as opposed to the damage which could be caused by a bicycle. Cyclists are particularly vulnerable to suffering serious injuries because they are invariably knocked off their bikes onto a hard surface.

It is virtually impossible to avoid being injured as a pedestrian when struck by a heavy motor vehicle, often at speed. Such vehicles are often called “lethal weapons“ because that is exactly what they are.

Police often blame injured pedestrians for the accident. That’s because, more often than not, injured pedestrians are taken to hospital without being spoken to by the police. It’s easier for the police to simply blame the pedestrian, particularly as the driver involved may have given a false version of events to the police investigating the accident. It is rare however for an injured pedestrian to be denied compensation, even if the pedestrian’s behaviour on the road was foolish and dangerous. Any pedestrian injured on the roadway, even if blamed by the police for the accident, should consult a motor vehicle accident lawyer to lodge a claim for compensation.

Drivers and others affected by the negligent conduct of other drivers are certainly not the only persons involved in a motor vehicle accident who can claim compensation. No matter what your individual situation may be, there is legal support out there that can help you receive the compensation you need and deserve.

5. How much compensation can you claim?

Motor accident compensation claims can be complex, particularly in knowing what compensation, and how much compensation an injured person may be entitled to receive.

In most cases, it is impossible and inappropriate to quantify the claim before the injured person‘s injuries have stabilized to a degree whereby an informed prediction can be made about the injured person’s change in the future because of the injuries, and restrictions they impose. This requires expert motor vehicle injury law advice and guidance.

Here is a brief overview of some of the factors involved in quantifying compensation:

As you can see, there are a lot of moving parts in how much compensation you’ll receive from a motor vehicle accident claim.

6. How is compensation calculated In a motor vehicle accident claim?

A car with a mangled bumper and side

Calculating the value of claims can be done in a number of ways. Our final recommendation in ii) below is undoubtedly the best.

But where do you start your journey for compensation? This brings us to our next point …

Reach out to Stacks Goudkamp to lodge your motor vehicle compensation claim today.

Are you ready to lodge a motor vehicle compensation claim for the compensation you need and deserve? If so, Stacks Goudkamp is here, to help and support you.

Our motor vehicle accident compensation lawyers have over 40 years of experience advising clients just like you who have been injured as a result of a motor vehicle accident. Not only are we experienced but our empathetic team is focused on ensuring you’re heard, supported through every step, and successful in receiving compensation.

If you’re ready to work with lawyers who care about your claim and know motor vehicle accident legislation inside and out, call us today at (02) 4058 2715 or contact us online for a free comprehensive initial consultation where we’ll learn more about your unique case and what we can do to help you.


I could write a book as to how the last 4 years would have been different if not for Tom and his team.
The support, assistance, advice from the first conversation till even after the settlement was second to none from the team at Stacks Goudkamp.
Four years on and after many downs, my children and I have our lives back.
We are unable to THANK YOU enough, but know that you have changed our lives for the better in so many ways since the accident.