Personal Injury
Car Accident Compensation

Your claim will be lodged with the CTP insurer of the motor vehicle at fault. CTP means compulsory third party insurance which all owners of motor vehicles including motorcycles etc have to take out in New South Wales, in compliance with the law. This is commonly known as “Green Slip” insurance.

If you are unable to exchange these details with the driver who caused your accident we can easily find the CTP insurer of that vehicle. Therefore you should not worry if you are unable to exchange or obtain these details with the at-fault drive.

Alternatively, you can call the State Insurance Regulatory Authority (SIRA) who will assist you in identifying the correct CTP insurer.

Yes, definitely. It is not necessary to prove that the other driver was totally at fault. If you were partly at fault your claim will probably need to be compromised to the extent of your contribution to the accident. This is called “contributory negligence”. For example, if were 50% to blame for the accident and your injuries your claim will be discounted by 50%.

The most efficient way is to contact an expert lawyer in a motor accident compensation and provide that lawyer with full particulars of the accident and your injuries and to seek advice as to how and when a personal injury claim form should be lodged with the insurance company on risk, or against the nominal defendant.

This really depends on the extent and seriousness of your injuries. If your injuries are serious you will probably be entitled to submit a claim for damages which will cover “pain and suffering, loss of past and future earning and loss of future earning capacity”. The CTP insurer will be obliged to pay statutory benefits, regardless of who was at fault, for a period of at least six months. These benefits include the payment of medical expenses which are deemed reasonable and necessary and also to provide domestic assistance in more serious cases where injuries have created the need for care.

Compensation for damages is paid on a once and for all basis after the injured person’s injuries have fully stabilised and it is known whether or not the person’s whole person impairment will exceed the requisite threshold of greater than 10% to entitle the injured person to receive compensation for “pain and suffering”, also known as “non-economic loss”.

This will depend on the severity of your injuries. If you consider that the assessment of “minor” is unfair you should instruct an expert in motor vehicle compensation law to submit an application for a review with the insurer.

Yes. Psychological injuries can be as serious as physical injuries. A post-traumatic stress syndrome and depression, anxiety etc are all compensable if they result in an inability to earn an income and, if the psychological injuries are sufficiently severe, for the sufferer of the psychological injuries to receive compensation for “pain and suffering”.

That really depends on the age of the person who has been injured. For example, if a claim is made for an infant who has suffered a brain injury it will often be wise to wait until the infant has reached maturity before the claim for past and future losses can be properly quantified. In other cases, claims are generally completed within two years of the accident, but that will depend on the severity of the injuries and whether the person’s whole person impairment has been assessed be greater than 10% which is the gateway for compensation for “pain and suffering”. If the insurance company concedes that the injuries constitute a greater than 10% whole person impairment, claims can be settled and finalized reasonably quickly. If however the insurer fails to or refuses to concede, then it will be necessary to have the percentage of whole person impairment formally assessed by specially trained doctors engaged by the Personal Injury Commission. This can delay cases quite significantly.

Compensation “damages”, will be paid as a once and for all lump sum of money. It will not be paid as a pension or weekly payments. However, the insurer will have to continue paying your medical expenses and for domestic and other assistance, if required, indefinitely.

No. The compensation you receive from the insurer, whether it be statutory benefits or a lump sum damages payment, will be tax-free.

This means that unless your claim is successful you will not be charged any legal fees by your lawyer. If your claim is unsuccessful your lawyer will “write off’ his or her costs.