Injured in a Motor Accident? Here are 5 things you should know.

June 22, 2016

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

• Am I eligible to claim?

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.

• So what should I do after the accident?

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.

• What can I potentially claim?

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.

• So what can I potentially claim under the statutory benefits scheme?

The statutory benefits you may be entitled to include;

• Loss of earnings (weekly payments); and
• Medical and related expenses.

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:

• Medical expenses;
• Dental expenses;
• Pharmaceutical expenses;
• Rehabilitation and treatment expenses (like physiotherapy);
• Cost of travelling to and from appointments;
• Personal care and help around the home in certain circumstances.

1. And when can I claim Lump sum compensation

Lump sum compensation may be available if:

1. You were not at fault in the accident; and
2. You do not only have a ‘minor’ injury as defined under the scheme
   (see more details regarding ‘minor injury’ and put link to our article which discusses this)

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:

1. Past and future loss of earnings including superannuation;
2. Non-economic loss (pain and suffering compensation) but only if you have a whole person impairment of greater than 10%. The maximum amount that can be awarded for Non-Economic loss damages is currently around $521,000.00.

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.