Motor Vehicle Accident Claims

If you have been involved in a motor vehicle accident in NSW, you may be entitled to make a motor vehicle accident claim. Whether you were driving a car, a bike, or a motorcycle, or you were a passenger, a pedestrian, or a cyclist, you can seek compensation for your injuries and losses.

To make a CTP claim, you need to follow certain steps and meet certain time limits. It is important you contact us as soon as possible to make a claim.

Our lawyers are experienced in successfully resolving and litigating disputed claims under the Motor Accidents Compensation Act 1999, Motor Accidents Injuries Act 2017.

We also assist catastrophically injured clients navigate the various schemes available including structured settlement deeds entered under previous legislation.

Motor Vehicle Accidents: FAQs

A motor vehicle accident claim is also known as a CTP claim. CTP stands for Compulsory Third Party, which is the insurance scheme that covers motor vehicle accidents in NSW. The CTP scheme provides benefits for medical expenses, lost income, pain and suffering, and care needs.

We can assist you with all types of motor vehicle accident claims, including:

- Physical injuries, such as whiplash, fractures, spinal cord injuries, brain injuries, burns, and amputations.

- Psychological injuries, such as post-traumatic stress disorder (PTSD), anxiety, depression, and phobias.

- Fatal accidents, where a loved one has died as a result of a motor vehicle accident.

To make a CTP claim, you need to follow certain steps and meet certain time limits. It is important you contact us as soon as possible to make a claim.

A claim for common law damages under the Motor Accident Injuries Act can be made if the Insurer has accepted or Personal Injury Commission has determined that;

  1. You were not wholly or mostly at fault and
  2. You do not have a “minor injury.”

You must make a claim for common law damages within 3 years from the date of the accident.

A threshold injury classification determines what you can claim after sustaining an injury due to a CTP accident.

    • It is not based on symptoms or emotional impact but rather on the diagnosis of the injury.
    • Most people with a threshold injury:
      • Recover well with treatment.
      • Manage their symptoms independently or with some support.
      • Return to work or usual activities within a short time.

It best to contact Grieve Watson Kelly motor vehicle accident lawyers to check what type of injury you have and what potential accident claim you may have.

To claim non-economic loss (pain and suffering) you must have a injury which is a non-threshold injury and certain level of permanent impairment.

If you have been injured in a motor vehicle accident have a threshold injury, it means you are likely recover well from the accident. However, if you have an non-threshold injury or above threshold injury it may mean you likely have a serious injury or condition.  You may be entitled to ongoing support and lump sum claim and possibly a common law claim. It is important you seek legal advice about your matter and whether you have a above / non-threshold or threshold injury.

 

You may be able to make a claim for a motor vehicle claim in a range of circumstances, including, but not limited to:

  • You’ve been injured in a motorcycle accident or car accident, no matter who is at fault.
  • A dependent or child has been injured in a motor vehicle accident.
  • While on public transport you are seriously injured.
  • Sustained injuries due to a truck accident.
  • You are a pedestrian or cyclist injured by a moving vehicle.

Strict time limits apply!  It is important that you make your claim as soon as possible after the accident. The time limits which apply will depend on the date of your accident and where it happened.

For accidents in New South Wales after 1 December 2017 you must lodged your claim on the CTP insurer within 28 days to be eligible for income loss from the date of the accident.

The time limit to commence a claim is 3 months from the accident, however it is possible that the time limit can be extended in some cases. It will be necessary to provide a full and satisfactory explanation for any delay if your claim is lodged outside three months.

If you have lodged a CTP claim and you have a threhold injury of 10% or greater, you may have a common law claim (if you weren't at fault) and that must be commenced with 3 years.

If you are injured in a motor vehicle accident you should contact our motor vehicle accident lawyers for legal advice tailored to your unique circumstances.

What compensation can I receive from a CTP accident?

CTP compensation is a complex area of law. Depending on who is at fault and the seriousness of your injury will determine what type of accident compensation you may be entitled to:

  • Income Support – If due to your  motor vehicle accident you are unable to work you may be able to claim for your income loss.

  • Medical Expenses – If you require medical support you may be able to claim for medical expenses. This includes; medical appointments,  travel to medical appointments, hospital bills, ambulance bills, physiotherapists bills, rehabilitation services psychological treatment and pharmaceutical expenses prescribed by your doctor.

  • Lump sum compensation – If you have sustained serious injuries and you were not at fault in the motor vehicle accident, you may be entitled to a lump sum payment for “pain and suffering”. If you have an above threshold injury (10% impairment) you may be able to receive a lump sum payment. Contact us to discuss whether we can help assess whether you are entitled to bring a lump sum claim.

Grieve Watson Kelly Lawyers:

We have a team of experienced motor vehicle accident lawyers who can help you with your CTP claim. GWK Lawyers offers conditional cost agreements, which means that you only pay us if we win your case. We also offer free initial consultations, where we can assess your eligibility and advise you on the best course of action.

Grieve Watson Kelly Lawyers have offices in Sydney CBD and Norwest, and we can also provide online consultations.

We can help you with every step of the process and ensure that you receive the compensation that you are entitled to. Contact us today to book your free consultation and find out how we can help you with your motor vehicle accident claim.