Motor Vehicle Accident Compensation in New South Wales

Many people are unaware of their rights to compensation in a motor vehicle accident. In New South Wales, if you were injured in a motor vehicle accident, you can bring a compensation claim regardless of whether you were a:

• Driver
• Passenger
• Pedestrian
• Cyclist
• Motorcyclist, or
• Pillion passenger.

Even if you were partly at fault, you may still bring a claim for compensation. Examples of partial fault include:

• Not wearing a seatbelt
• Driving under the influence of alcohol or drugs
• Getting in a vehicle with someone you knew to be under the influence of alcohol or drugs
• Driving at an unsafe speed, or
• Not wearing a helmet when riding a bike or motorcycle.

Under the NSW scheme, compensation available even if the other vehicle was unidentified, uninsured or unregistered. In these cases, compensation will be paid by the Nominal Defendant.

If the child was under the age of 16 and a NSW resident at the time of the accident, they're entitled to the 'Children's Special Benefit'. This is the case regardless of who caused the accident.The Children's Special Benefit will cover things such as:

• Hospital, medical and rehabilitation expenses
• Medication and pharmacy costs
• Respite care expenses, and
• Attendant care costs.

If you sustained an injury in a motor vehicle accident but no one was at fault (a blameless accident) you may still be entitled to compensation.Blameless accidents include when:

• The driver suffered an unexpected illness, such as a heart attack or stroke
• An unexplained mechanical failure occurred, or
• There was an unavoidable collision with an object on the road, such as an animal.

Some limitations do apply to blameless accidents, but one of our motor vehicle accident lawyers will be able to explain these to you in more detail.

Before lodging your compensation claim, there are a few important steps you must take first:

1. Record details - Following your accident, record as many of the details as possible. This includes the registration number and contact details of anyone else involved in the accident (including witnesses), and photographs of any damage.
2. Report to the police - If the police weren't present at the scene of the accident, it's important to report the incident as soon as possible.
3. Visit a doctor - Regardless of how serious your injuries are, it's important to visit a doctor after your accident. After assessing and treating your injuries, they'll provide you with a medical certificate to support your claim.

Under NSW's motor vehicle accident compensation scheme, there are two types of compensation available.

Early benefits:

After you have the details of the vehicle at fault (if possible) and have reported the incident to the police, you may apply for early benefits using an Accident Notification Form (ANF).

An ANF will cover you for medical expenses and up to $5000 in lost earnings for six months after your accident. This is the case regardless of who was at fault.

Formal compensation claim:

If you weren't at fault, you may also bring a formal claim for compensation. This is available if you incur more than $5000 in losses, or your recovery is expected to take longer than 6 months.

How much compensation you're awarded is based on a range of factors, including:

• The extent of your injuries
• Your age
• How much you have lost in earnings
• Your care needs now and into the future
• Out of pocket expenses, and
• Possible future expenses.

Once your injuries have stabilised, we'll help you get expert medical evidence to assess what your injuries mean for your future work and life.

Each motor vehicle accident claim is unique. What compensation you can claim depends on the particular circumstances of your case.

Generally, compensation will cover you for things such as:

• Hospital and medical expenses
• Rehabilitation expenses
• Non-economic loss, such as pain and suffering,
• Loss of earnings now and into the future.

While most people involved in a motor vehicle accident experience pain and distress, there are limits on who can claim damages for non-economic loss. Those assessed at having a whole-person impairment of 10% or more will be entitled to claim for this kind of damage.

Injuries affect each person differently, and our lawyers will work hard to ensure you receive the full range of benefits you need to get back on your feet.

Each motor vehicle accident case is unique and it’s difficult to predict how long a claim will take to resolve. A lot depends on the severity of your injuries.

Generally, claims take around 18 months to resolve. However, more complex cases will take longer. At Shine, we work hard to finalise your case as quickly as possible so you can get your life back on track.

Yes, strict time limits apply for bringing a motor vehicle accident compensation claim in NSW. You should lodge your claim form no later than six months from the date of the accident.This can be extended in certain circumstances so it’s important to seek expert legal advice as soon as possible. Our lawyers work efficiently and effectively to resolve your claim as fast as possible.

At Shine Lawyers, we believe every individual has the right to legal advice, regardless of their financial situation. Our motor vehicle accident claim services are offered on a No Win No Fee* basis so you don’t have to worry about out of pocket legal expenses.

If your case is successful, our legal fees are based on how much work was required to resolve your claim. We’ll work hard to finalise your matter swiftly and will keep you informed as your case progresses.

*Conditions apply

At Shine Lawyers we’re motor vehicle accident claim experts. We’ve been righting wrongs for our clients for over 40 years. We have a team of legal experts solely dedicated to handling motor vehicle accident claims.Through our initial consultation service, you can speak directly to one of our lawyers about your case. They will listen, walk you through the legal process step by step, and let you know how best to proceed.

Rest assured our initial consultations are completely obligation-free. We’ll advise you based on the personal circumstances of your case without committing you to any legal action.