June 22, 2016
The content of this website is provided on the basis that it is general information only. The content of the website does not in any way constitute legal advice and should not be used as such. Formal legal advice should always be obtained. Whilst the information contained in this website has been formulated with due care, we do not accept any liability to any person for the information (or the use of such information) which is provided on this website or incorporated into it by reference. The information on this website is provided on the basis that anyone accessing the site undertake responsibility for assessing the relevance and accuracy of its content.
Please note, this information applies to those injured on or after 1 December 2017. Should you require information regarding Motor accident injuries prior to 1 December 2017, please either contact us or refer to (Our existing information claim link) for more information
If you are injured in a motor vehicle accident in NSW you are eligible to apply. This includes those who are at fault and not at fault. You may a driver or passenger; riders and pillon passengers, pedestrians or cyclists.
Those persons who have been charged with or convicted of a serious driving offence in connection with the accident or where at fault in a vehicle they they knew to be uninsured are not eligible to claim.
You will need, if possible, to obtain the details of the vehicle at fault. If the police did not attend the scene of the accident, you should also report the matter to the police within 28 days from the date of the accident and make sure obtain the ‘E’ number (Police event number) of the accident.
The law provides for 2 types of compensation being Statutory benefits; and potentially Lump sum compensation for damages.
Many people, whether claiming statutory benefits or not, may have a claim for lump sum damages and don’t even know it! It is critical that you check to see whether you have entitlements to lump sum damages.
The statutory benefits you may be entitled to include;
In respect of Loss of Earnings, for the first 13 weeks from the date of the accident the insurer can pay you 95% of your pre-accident weekly earnings (PAWE).
From week 14 onwards the maximum the insurer will pay 80% of your PAWE if you are not able to perform any work. If you are working but still losing income the insurer will top up your loss of earnings up to 85% PAWE.
Weekly payments do not continue forever and for many people they will stop 26 weeks following the accident (see below for more information regarding payments beyond 26 weeks).
Medical and Related Expenses
The insurer will also pay for your reasonable and related medical expenses. This can include:
Lump sum compensation may be available if:
Damages claims are available for persons who were injured in a motor vehicle accident and who are not at fault. That is, you were not the cause of the accident. In those cases, you can bring a claim for damages. Generally, you cannot make that claim on the insurer for 20 months following the accident unless you have a whole person impairment of greater than 10%.
The damages you can claim include:
In addition to the damages you can claim you will still be entitled to have your reasonable and necessary medical expenses paid by the insurer. If your accident was also covered by workers compensation we will provide you with additional information regarding the effect of an award of damages under the MAIA.