If a person is injured or killed in an accident involving a car or other motor vehicle in NSW, statutory compensation and/or damages may be claimed

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Claims can be made by a person injured as a result of the accident including a driver, motorcycle rider, cyclist, passenger or pedestrian.  Witnesses at the scene or close family members who suffer mental harm due to a person being killed or put in peril may also be able to claim for nervous shock.

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Close family members of a person who dies as a result of a motor vehicle accident may also be eligible to claim compensation for funeral expenses and damages for loss of financial and other support.  Click here for more information.

 

Statutory benefits for loss of income and medical expenses are payable for 1 year for the driver wholly or mostly at fault, or a person with threshold injuries.

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Threshold injuries are:

 

1. A psychological injury that is not a recognised psychiatric illness.

2. Adjustment disorder or acute stress disorder.

3. A soft tissue injury, being 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.

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For drivers not wholly or mostly at fault, and people with more than threshold injuries, statutory compensation can be payable for longer than 1 year.  Common law damages can also be claimed resulting in a lump sum payment for past and future economic losses and, where the injury results in more than 10% whole person impairment, non -economic loss including pain and suffering and loss of enjoyment of life. ​

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Getting legal advice before settling a damages claim is essential to ensure you get maximum compensation for your injuries.  The insurer has to pay your legal costs (up to a regulated maximum) on top of any damages awarded to you so it pays to be fully informed.

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In most cases where the only issue is assessment of damages, we will not charge more than the regulated fees so you will not be out-of-pocket.

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If we take on your claim for damages, we will enter into a no-win/no-fee costs agreement with you.  

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​There are time limits that apply to making claims and commencing court proceedings so do not delay in getting legal advice.

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