Motor Vehicle Accident

Any driver, passenger, rider, pedestrian, cyclist or road user injured (whether physical or psychological injury) in a motor vehicle claim is entitled to make a motor accident claim.

At Law Works we can help you from the very early stages of your claim including lodgment of your Application for Statutory Benefits to finalisation and settlement of your claim.

In the majority of cases, yes. You are entitled to receive weekly benefits for the income you have lost as a result of the injuries sustained in your motor vehicle accident.
The weekly benefits you are entitled to if you do not have an earning capacity are as follows:

• –  95% of your pre-injury average earnings for the first 13 weeks, thereafter
• –  85% of your pre-injury average earnings.

If you have a partial earning capacity then you will receive the difference between your actual earnings and the above rates.

The length of time in which you are entitled to receive statutory benefits will depend on whether you are were at fault for your accident and also whether your injuries have been assessed a “threshold injury.”

If your injuries are more serious then you will be entitled to receive ongoing benefits from 2 years up to 5 years from the date of accident and you will be entitled to make a claim for damages. 

The CTP insurer pays for all reasonable and necessary medical expenses arising from the motor vehicle accident including:

• • Medical and pharmaceutical expenses.
  • Rehabilitation expenses including physiotherapy, chiropractor, etc.
  • Surgery and associated costs.
  • Travel costs.
  • Domestic assistance.

If you have paid for treatment from your own pocket then a claim for reimbursement should be lodged with the CTP insurer immediately. 

An Application for Common Law Damages claim form must be completed and lodged with the CTP insurer as soon as it is evident that your injuries are not “threshold” injuries. The claim form puts the insurer on notice that you intend to make a damages claim.

At Law Works we will proceed to gather the relevant medical evidence to make a claim for damages against the CTP insurer. We will gather evidence pertaining to the heads of damage – non-economic loss (pain and suffering) and economic loss. Such evidence might include clinical notes, doctor reports and tax and employment records as well as medical evidence assessing your level of whole person impairment entitling you to non-economic loss damages.

Assessing your level of whole person impairment (WPI) is complex and we encourage you to obtain the help of a lawyer to have your WPI assessed. If your injuries are assessed as having a WPI of above 10% then you will be entitled to make a claim for non-economic (pain and suffering) damages.

Your entitlement to economic loss (wage and income loss) damages is not determinant on whether you achieve a WPI of 10% or above. You will be entitled to a claim for economic loss if you have sustained losses and have overcome the threshold injury definition.

Majority of damages claims are finalised when you, your solicitor, the CTP insurer and their solicitor participate in a settlement conference.

The claim for common law damages must be lodged with the Personal Injury Commission or a NSW Court within 3 years of the date of accident. Failure to do so requires a full and satisfactory explanation for the delay in lodgment of the claim.

We urge you to immediately contact Law Works for a free no obligation initial consultation where we can review the circumstances of your accident and injuries, and provide tailored legal advice about the steps to take to proceed with your claim.

Was your accident a ‘hit and run’? Was the vehicle not insured? Or was the vehicle not registered? In these circumstances an injured person can make a motor vehicle accident claim as against the Nominal Defendant. 

The NSW legislation provides an avenue for injured persons to make a claim in circumstances where injuries have been sustained in a motor vehicle accident through no fault of their own. The Nominal Defendant acts as the CTP insurer in these cases and is funded by a fund payable by CTP insurers. 

Contact Law Works today for advice and guidance in lodgement of your CTP claim against the Nominal Defendant.