The contents on this page related to motor vehicle accident laws in New South Wales. If you're seeking information about another location, please select your location here.
Road accidents are stressful events that happen too often in Australia. The last thing you need is a complicated or hostile insurance process if you make a motor vehicle accident compensation claim.
Hall Payne’s expert compensation lawyers can help get you back on track by ensuring you are adequately compensated if things go wrong on the road.
All vehicle owners in Australia pay a premium to a compulsory third party (CTP) insurer as part of their registration fee. This means an injured person – or that person’s family members – can seek compensation from the CTP insurer of the at fault party.
You may be entitled to claim if have been injured in a motor vehicle including a car, truck, forklift, motorbike, as a pillion passenger, as a cyclist or a pedestrian.
Insurance legislation can be complicated and rules differ across Australia. Hall Payne’s lawyers are across all relevant aspects so if you’re hurt on the road, seek prompt legal advice with us.
Can I represent myself in a motor vehicle accident claim?
You can, but the law related to road accidents is complicated. The CTP scheme in NSW has recently been reformed and the compensation you are entitled to depends on what is ‘minor’ and ‘major’ when your injury occurred after 1 December 2017.
A lawyer with experience in this area of law, will know what you’re entitled to, and how best to ensure that you are adequately compensated.
When should I seek legal advice after a road accident?
You should seek advice and assistance as soon as possible after your accident. Strict time limits apply to compensation claims after a road accident, especially if unidentified vehicles are involved.
Hall Payne provides a free initial consultation to discuss time limits and what you may be entitled to. If you’re unsure, you’ve got nothing to lose by contacting us.
How do I know if I have a claim?
If you’ve been injured in an accident in New South Wales which involves a motor vehicle and you can demonstrate the accident occurred due to the fault of another person, you will be entitled to bring a Compulsory (CTP) insurance claim.
If a vehicle is not registered or can’t be identified, you can still seek compensation. You also still have an entitlement if your accident occurred in NSW but the other vehicle is registered in another state or territory.
If your immediate family member dies as a result of a road accident you may be entitled to claim for funeral expenses and the loss of financial support.
What can I claim for?
Our expert lawyers will ensure that you recover everything you’re entitled to as a result of your motor vehicle accident. Depending on the circumstances of your injury, you may be entitled to compensation for:
pain, suffering and loss of life enjoyment;
past and future hospital and medical expenses (including surgical costs);
lost past and future earnings, including superannuation;
care provided by friends or family;
out of pocket expenses for items such as pharmaceutical, travel and equipment;
financial hardship payments;
paid care and help, for example yard maintenance or nursing; and
home and vehicle modifications.
Every individual’s claim is different. Your best course of action is speaking to Hall Payne about what compensation is right for you.
When should I make a claim?
Strict time limits apply to making a claim. Your entitlement to compensation may be lost if you don’t make a claim in time.
In New South Wales, you must complete the Personal Injury Claim Form and return to the Insurer ‘as soon as possible’ and within 28 days of an accident occurring but no later than six months from the date of the accident. If you are suffering a delayed onset of symptoms following a motor vehicle accident, Hall Payne can assist you with making an application based on your ‘special circumstances’.
Hall Payne understand that this can be a very challenging time. Financial stress can make the situation overwhelming. The sooner a claim is started, the sooner you’ll receive compensation (and some peace of mind).
How long will my claim take?
The sooner your claim is finalised, the sooner you can move on with your life. That said, a thoroughly prepared claim can’t be rushed.
The length of your claim will ultimately depend on the nature and extent of your injury, the intricacy of the investigation and the type of expert evidence required.
Call us to have one of Hall Payne’s personal injury lawyers discuss your specific circumstances and give you an estimated timeframe.
How much will it cost me to make a claim?
We will provide you with a free initial consultation to discuss your injury and the circumstances in which it arose. We will provide an estimate of legal costs and the likely time frames that will apply to your claim.
If we consider you have prospects of winning your case then we will represent you on a ‘no win, no fee’ basis.