If you or a loved one is injured in a motor vehicle accident, your whole world can turn upside down. However, compensation may be available to help you get back on your feet. At Shine Lawyers, we have motor vehicle accident claim experts who are here to help you access much needed financial support.
Our motor vehicle accident lawyers are based across all of our New South Wales branches, so help is always close by. We'll look after things every step of the way, leaving you to focus on getting your life back on track.
Motor vehicle accidents in New South Wales
If you're injured in an accident in New South Wales, even if it was partly your fault, you may be entitled to compensation under NSW's motor accidents compensation scheme.
Most people are unaware that it's not just drivers who are covered. If you're injured as a passenger, pedestrian, cyclist, motorcyclist or pillion passenger, you can still bring a claim for compensation. This is the case even if:
- You were at fault
- The other vehicle was uninsured
- The other vehicle cannot be identified (as in a hit and run scenario), or
- The other vehicle was unregistered.
How can compensation help me?
Suffering an injury in a motor vehicle accident can place a significant financial burden on you and your family. Returning to work can be difficult and medical expenses quickly add up.
Compensation can ease this burden and provides you access to the medical care and support you need to get back on your feet.
Depending on your circumstances, you may be entitled to:
- An immediate payment for medical expenses and lost wages
- Reimbursement of medical and rehabilitation costs
- Payment for future medical expenses
- Compensation for loss of future wages, and
- Payment for pain and suffering.
Why choose Shine Lawyers?
At Shine, we're motor vehicle accident claim experts. We've been righting wrong for our clients for over 40 years. As one of the largest plaintiff law firms in Australia, we have the expertise and dedication to achieve the outcomes that truly matter to our clients.
Our motor vehicle accident services are offered on a No Win, No Fee basis, so you won't have to worry about legal fees unless we achieve a successful outcome for you. Get in touch with one of our experts today for an obligation-free first consultation.
For more information on the process of bringing a claim with Shine Lawyers, watch our simple guide to compensation claims below:
Our offer to you
Common questions about Motor Vehicle Accident Compensation in New South Wales
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.
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.
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.
- 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.
- 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.
- 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.
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.
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.
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.
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.
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.
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.
Latest from the blog
Back to school road safety
During the busy rush of getting kids ready for a new year of school with books, uniforms and bags, it’s important for parents to ensure their children are stepping into the new school year on the right, and safe, foot. A recent study has returned some alarming statistics, showing that over 70 percent of drivers […]Read more
SSM: Wedded bliss still needs legal protections. A checklist for the newly married.
It’s an exciting day for same-sex-couples in Australia who are now able to officially wed from today but a legally binding marriage isn’t the safeguard for all your rights. It is important to remember there are legal changes all married couples still need to make to ensure their new husband or wife is protected under […]Read more
Mark Bates – This is my story
Mark was an electrician by trade, the bread winner for his wife and daughter. A fit and active 43-year-old, Mark enjoyed riding motorbikes, particularly his Yamaha Road Star. Mark was returning home from work. Mark was riding his motorbike home from a job site when he was t-boned at an intersection by a four-wheel drive. […]Read more