Motor Vehicle Accident Claims
Handling motor vehicle accident claims with expertise and trust
If you have been involved in a car accident and you have sustained an injury, you are entitled to claim compensation. Trump Lawyers’ expert motor vehicle accident lawyers in Sydney can help advise and guide you through your claim.
Personal motor vehicle accident Injury Benefits/Statutory Benefits
Compensation benefits under the current NSW motor accident scheme are paid in two parts. If you have been involved in a car accident and have been injured, you can claim the following benefits by applying for personal injury benefits:
- Income Support Payments (wage payments)
- Medical Expenses
The above personal injury benefits will be paid to you by the insurer for six months, regardless of whether or not you were the driver at fault at the time of the accident. The benefits will come to a stop after 6 months unless:
- You were not the driver at fault when the accident happened or
- You have sustained more than a minor injury.
If after six months from the date of the accident, it is determined that you were either at fault or mostly at fault when the accident happened or that you have sustained only a minor injury, your entitlement to weekly benefits and medical expenses will stop. If it is determined that you were not at fault when the accident happened and your injury is more than a minor injury, your benefits will continue and you will be eligible to make a claim for common law damages and receive lump sum compensation.
Common Law Damages (Lump Sum Compensation)
Common law damages, or lump sum compensation, is the second and most substantial part of the benefits that can be received under the NSW motor accident compensation scheme. Common law damages or lump sum compensation can be claimed if:
- You have more than a minor injury, and
- You were not wholly at fault when the accident happened.
If you are entitled to claim common law damages, you will be able to claim any or both of the following types of common law damages:
- Compensation for loss of earnings is known as Economic Loss, and
- Compensation for pain and suffering is known as Non-Economic Loss (claimable only if your injuries are assessed as being 11% permanent impairment or more).
When Can I apply for Common Law Damages?
A claim for common law damages resulting from a motor vehicle accident must be made within three years from the date of the car accident. If you are claiming common law damages more than three years from the date of the accident, you will need to provide a full and satisfactory explanation for the delay.
