Motor Vehicle Accident Claim
Motor Vehicle Accident
What is a Motor Vehicle Accident Claim
A motor vehicle accident claim is made against the compulsory third party (CTP) insurer for the vehicle at fault of your accident (commonly referred to as green slip insurance).
If you have been injured in a motor accident by a motor vehicle (such as a car, motorcycle or bus) then you may have a claim as against the CTP insurer for the motor vehicle.
There are two types of claims that can be made if you have sustained injuries in a motor vehicle accident:
- 1. Statutory Benefits Claim.
- 2. Damages Claim under Common Law.
Statutory Benefits
Immediately after lodgment of the initial claim form (an Application for Personal Injury Benefits), the CTP insurer is liable to make payments for the following Statutory Benefits:
- 1. Weekly benefits as income support payments if you have been unable to work as a result of the accident.
- 2. Medical and treatment benefits, including costs associated with medical care, doctors, specialists, hospitals, medications, and other treatments related to your injury or illness.
Statutory Benefits are generally available to be claimed by all individuals involved in a motor vehicle accident including the at fault driver. Contact us at Law Works today so that we may assist you lodgment of your Application for Personal Injury Benefits.
Statutory Benefits
Immediately after lodgment of the initial claim form (an Application for Personal Injury Benefits), the CTP insurer is liable to make payments for the following Statutory Benefits:
- 1. Weekly benefits as income support payments if you have been unable to work as a result of the accident.
- 2. Medical and treatment benefits, including costs associated with medical care, doctors, specialists, hospitals, medications, and other treatments related to your injury or illness.
Statutory Benefits are generally available to be claimed by all individuals involved in a motor vehicle accident including the at fault driver. Contact us at Law Works today so that we may assist you lodgment of your Application for Personal Injury Benefits.
What is a threshold injury?
The current NSW legislation (Motor Accident Injuries Act 2017 NSW) defines a threshold injury as a “soft tissue injury” or “a psychological or psychiatric injury, that is not a recognised psychiatric injury.”
The legislation defines a soft tissue injury as “an injury to tissue that connects, supports or surrounds other structures or organs of the body (such as muscles, tendons, ligaments, menisci, cartilage, fascia, fibrous tissues, fat, blood vessels and synovial membranes), but not an injury to nerves or a complete or partial rupture of tendons, ligaments, menisci or cartilage.”
If the insurer is of the view that your injuries are a “threshold injury” then your entitlement to statutory benefits is limited and you will not be entitled to make a damages claim.
We urge you to contact Law Works immediately if your injuries have been deemed to be a “threshold injury” by the insurer for legal advice on whether avenues exist to dispute the decision made.
Types of Motor Vehicle Accidents
A motor vehicle accident can be more than just a car accident – our firm has experience in representing injured persons in a wide range of motor vehicle accidents, including:
Car Accidents
Truck Accidents
Motorcycle Accidents
Bicycle Accidents
Pedestrian Accidents
Car Accidents
Truck Accidents
Motorcycle Accidents
Bicycle Accidents
Pedestrian Accidents
Forklift Accidents
Heavy Machinery Accidents
Golf Cart or Buggy Accidents
Forklift Accidents
Heavy Machinery Accidents
Golf Cart or Buggy Accidents
Public Transport Accidents
Forklift Accidents
Heavy Machinery Accidents
Golf Cart or Buggy Accidents
Damages Claim
- 1. Non-Economic Loss Damages
Compensation for the pain and suffering caused by the accident if your injury exceeds the relevant statutory threshold.
Pain and suffering damages are aimed to compensate you for the physical and emotional pain and suffering you’ve endured as a result of the accident. It takes into account factors such as the severity of your injuries, the impact on your quality of life and the inability to participate in hobbies or activities you previously were involved in. - 2. Economic Loss Damages.
Compensation for any financial losses you have incurred after your accident.
Economic loss damages includes lost wages or income for the time you have taken off work or have been unable to return to your employment as a result of your injuries. Economic loss damages will also cover future loss of earning capacity if your injuries have long-term effects on your ability to work and earn an income. You are also entitled to claim for past and future loss of superannuation benefits and loss of future opportunity.
- 3. Legal Costs.
As part of your claim, you are entitled to claim a portion of your legal costs and expenses from the Compulsory Third Party (CTP) insurer.
CTP Insurance and Claims Process
CTP (Compulsory Third Party) insurance, also known as green slip insurance, is mandatory for all registered vehicles and provides compensation for personal injuries resulting from motor accidents. The CTP insurer manages the claim, provides ongoing benefits, and compensates the injured party.
Most motor vehicle accident claims are resolved directly with the Compulsory Third Party (CTP) insurer of the at-fault vehicle, eliminating the need for court proceedings.
Time Limits
It’s crucial to be aware of the specific time limits when filing a motor vehicle accident claim:
- 1. Immediately report the accident to the police and obtain an event number. Provide the police with the at-fault driver’s details, including their name, address and vehicle registration.
- 2. Within 3 months, submit the claim form (Application for Personal Injury Benefits) to the CTP Insurer to entitle you to statutory benefits including weekly benefits (for loss of wages/income) and treatment expenses.
- 3. Within 3 years, commence legal proceedings. It is imperative that legal proceedings be commenced, either in the Personal Injury Commission or a NSW Court, within 3 years from the date of accident.
Time Limits
It’s crucial to be aware of the specific time limits when filing a motor vehicle accident claim:
- 1. Immediately report the accident to the police and obtain an event number. Provide the police with the at-fault driver’s details, including their name, address and vehicle registration.
- 2. Within 3 months, submit the claim form (Application for Personal Injury Benefits) to the CTP Insurer to entitle you to statutory benefits including weekly benefits (for loss of wages/income) and treatment expenses.
- 3. Within 3 years, commence legal proceedings. It is imperative that legal proceedings be commenced, either in the Personal Injury Commission or a NSW Court, within 3 years from the date of accident.
How Law Works Can Help
Our experienced team is dedicated to advocating for your rights. Here’s how we can assist you:
Expert Legal Guidance
We’ll provide you with expert legal advice and guidance tailored to your individual circumstances.
Investigation and Evaluation
We’ll thoroughly investigate the circumstances surrounding your accident to determine liability and assess the full extent of your damages by gathering the relevant medical material to present to the insurer.
Negotiation with Insurers
We’ll handle all communication and negotiation with the Compulsory Third Party (CTP) insurer on your behalf including an attempt at a fair and reasonable settlement in your favour.
Litigation if Necessary
If a fair settlement cannot be reached, we’re prepared to take your case to the Personal Injury Commission and thereafter the District Court of NSW and work tirelessly for your rights.
Frequently Asked Questions
If you have been injured in a motor accident, don’t delay seeking the legal advice and representation you need. Contact Law Works today to schedule a consultation. Let us advocate for your rights and guide you through the motor accident claims process with care and expertise.
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.