Have you been injured in a motor vehicle accident? Our specialised and experienced team of personal injury lawyers will fight for the compensation you deserve.
Motor Vehicle Accident Compensation Claims NSW

Motor vehicle accidents can be traumatic and can result in terrible injuries that often lead to financial distress. Dealing with insurance companies and rehabilitation providers can add to the trauma and cause stress – jumping through hoops just to get the medical treatment you are entitled to receive. In addition, the claims process is not straightforward. It can be difficult to understand what your compensation rights are and who is on your side.

If you have been injured in a motor vehicle accident you may be entitled to compensation covering your lost wages, medical expenses as well as other costs and losses you suffer. Compensation can help to provide financial peace of mind.

We have a specialised team handling all motor vehicle accident compensation claims. We know precisely what to do to achieve the best outcome for you.

Why Choose Stacks Goudkamp For Your Motor Vehicle Accident Injury Claim?

Our motor vehicle accident compensation lawyers have more than 40 years of experience advising people who have been injured in motor vehicle accidents. We genuinely care about our clients. We take time to patiently listen to our clients so that we can understand what they are going through. We understand how devastating injuries can be and will be there by your side, every step of the way. We can help you cut through the confusion and receive the compensation that you are entitled to.

We know the legislation like the back of our hands and will be here to guide you through every step of the claims process.

If you choose Stacks Goudkamp you can rest easy. You will be in the best of hands. You can be confident that we have the knowledge, experience and character to do the very best for you to ensure that your claim is successful.

GLENN’S STORY

Glenn was involved in an horrific car accident that left him with a catastrophic brain injury. In a moment of sheer stupidity, a drug-affected driver destroyed Glenn’s life and devastated his family when her car collided head-on with Glenn’s motor scooter. Watch Glenn’s story and see how Stacks Goudkamp were able to help.

SHARON'S STORY

Sharon was on an early morning bicycle ride when she was struck by a speeding car which had run a red light. She suffered a terrible leg injury which required major surgery. Sharon came close to losing her leg. This is Sharon’s inspirational story.

FREQUENTLY ASKED QUESTIONS

MOTOR VEHICLE ACCIDENTS

Motor vehicle 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 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 car accidents receive treatment and care and income support benefits for the first 26 weeks after the accident on a no-fault basis. That means almost everyone receives at least 26 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. When you make the claim, you will be entitled to at least 26 weeks (six months) of benefits.

After the initial period of 26 weeks the NSW Government’s scheme provides that you can continue to claim benefits, but only if your injuries are determined to be ‘not a minor injury’ and only if you were not ‘wholly or mostly at fault’ in causing the accident.

Whether you have a claim beyond the first six months (26 weeks) depends on the type of injuries you sustained in the motor vehicle accident. If you were not at fault for the accident, making a claim will not affect your CTP insurance premium.

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. If you are injured in a road accident you should contact a personal injury lawyer 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%. Whole person impairment is a concept contained within the Act of Parliament that governs motor accident compensation. Whole person impairment is a way of limiting who can recover damages for non-economic loss and who cannot. 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 $590,000.00.

Many people fully recover from injuries sustained in an accident and do not need personal injury benefits for more than 26 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) claim for injuries you have suffered in a motor vehicle accident if:
  • (a) The insurance company has accepted that you have suffered a non-minor injury; and
  • (b) 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 while you were working, you must lodge a workers compensation claim with your employer’s workers compensation insurer. If you are entitled to workers compensation benefits for 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 about whether you can make a claim for a lump sum payment from the CTP insurer of the vehicle that caused the accident. (See “Can I Receive a Lump Sum Payment?”)

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 claim can take varies from case to case. If you were injured after 1 December 2017 you cannot make a common law (lump sum) claim until 20 months after the accident unless the insurance company agrees that you are entitled to compensation for your pain and suffering. 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 claim 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 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. Lawyers spend this time researching, analysing evidence, attending meetings, producing documents, negotiating and obtaining monies and settling accounts. At Stacks Goudkamp, we alleviate the added stress of legal costs by offering clients a “no win, no fee” service.

MEET THE TEAM

Tom Goudkamp OAM

Managing Director
Tom is an Accredited Specialist in Personal Injury Law. He has had over 40 years of experience successfully acting for seriously injured accident victims.

Karina Goodall

Practice Group Leader
Karina joined Stacks Goudkamp in 2014. She manages one of the firm’s four practice groups under Managing Director, Tom Goudkamp.

WHAT COMPENSATION AM I ENTITLED TO?

If you have been injured in a motor vehicle accident, it can have devastating impacts on your life and finances. You may be able to initially receive compensation through at least the payment of your medical expenses and wages. If you have been injured in a motor vehicle accident, it can have devastating impacts on your life and finances. You may be able to initially receive compensation through at least the payment of your medical expenses and wages.

You may also be entitled to receive compensation for the following:

The amount of compensation you will receive depends on many factors. These include:

  • The types of injuries you have suffered
  • The severity of your injuries
  • Your age
  • Your work situation
  • Your home situation
  • Your need for medical treatment
  • Your overall expenses
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If you have been injured in a motor vehicle accident and believe you may be entitled to compensation, you should contact us today.

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Such as:

The Stacks Goudkamp way

We are dedicated and the leading No Win, No Fee personal injury lawyers in NSW. For over 40 years, Stacks Goudkamp has been helping injured Australians to receive the compensation they need and deserve.

We are dedicated and the leading No Win, No Fee personal injury lawyers in NSW. For
over 40 years, Stacks Goudkamp has been helping injured Australians to receive the
compensation they need and deserve.

Reach Out

Call or Email us to start the process and to receive expert legal advice for personal injury or compensation claims. Seek the professional support you deserve on (02) 4058 2715 or enquire online through our website.

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We are just a call or email away. Do not struggle with complex personal injury claims processes and in dealing with insurance companies on your own. We are here to listen and to help you to get the compensation you deserve.

Free Initial Consultation

We will not charge you for a comprehensive initial consultation where we will listen to your needs and provide you with free detailed advice. Compassion is what drives us. You can be sure that your questions will be answered.

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Here, we will explain the next steps and what it takes to achieve the best possible outcome.

No Win, No Fee

We will not require you to pay our legal fees, or any expenses (disbursements), unless we win your personal injury claim i.e you receive compensation. We know that being injured can result in terrible financial pressures.

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We pride ourselves on giving every injured Australian the peace of mind that we will look after them by acting on a no win no fee basis for their compensation claims.

CONTACT US

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

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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.

- Andrew and Family