If you are in NSW and you have been injured as a result of a motor vehicle accident (after 1 December 2017), under the Motor Accident Injuries Act 2017 (“the Act”) you can make a claim for personal injury benefits and the claim must be lodged within 3 months of the date of the accident. Under the Act regardless of who is at fault benefits will be paid for at least a minimum of six months. The accident must be reported to the police as soon as practicable.
To claim past economic loss the application for personal injury benefits must be sent to the CTP insurer of the driver at fault within 28 days.
The benefits you can receive under the Act are statutory payments of compensation, treatment and care payments.
The Act allows an insurer to cease paying benefits after six months if the injured person has minor injuries. Minor injuries are soft tissue injuries. If you have non-minor injuries compensation will be paid ongoing.
If you are not mostly at fault for the accident and have non-minor injuries you can claim common law damages after 20 months from the accident. If your injuries exceed 10% whole person impairment you don’t need to wait and they can be commenced at any time. All common law claims need to be made within 3 years of the accident. You can claim damages for economic loss and non-economic loss which is your pain and suffering and loss of amenities of life.
We are experienced lawyers working in this area of law, having worked on complex matters involving multiple injuries and allegations of contributory negligence made by the CTP Insurer. We aim to achieve the best possible outcome for our clients.
If you have been injured as a result of a motor vehicle accident prior to 1 December 2017, we can also help you.
Please contact us today.
*Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*
