Motor Vehicle Accident Injury Claims in NSW

If you were injured in an accident involving a registered motor vehicle in NSW, you may be eligible to make a CTP (Compulsory Third Party) insurance claim — even if you were partially at fault. Eligible persons include: Drivers and passengers Pedestrians and cyclists Motorcyclists Operators of registered machinery on public roads Injuries may be physical, psychological, or both. If someone you love passed away in a motor vehicle accident, you may also be entitled to make a claim as a dependant.

Depending on the extent of your injuries and fault status, you may be entitled to: Weekly income support Medical and treatment costs Rehabilitation and care services Psychological or psychiatric treatment Common Law Damages (lump sum) Death benefits

There is no minimum injury threshold required to lodge a claim for personal injury benefits. Any injury, whether minor or serious, should be reported and claimed as it may impact your access to medical and income benefits now or in the future.

To make a CTP claim, follow these steps: 1. Seek medical treatment and obtain a Certificate of Capacity (https://www.sira.nsw.gov.au/__data/assets/pdf_file/0004/325579/SIRA08719-Certificate-of-capacity-certificate-of-fitness-for-work.pdf)from your GP 2. Complete the Personal Injury Benefits Claim Form (https://www.sira.nsw.gov.au/resources-library/motor-accident-resources/workers-compensation/making-a-claim2/after-1-december/Application-for-personal-injury-benefits.pdf) 3. Report the accident to NSW Police (within 28 days) 4. Lodge your claim form and medical certificate to the relevant insurer within 3 months of the accident and within 28 days if you're claiming lost income. Lexmens will guide you through every step.

For initial injury benefits (like treatment and income support), fault is not a barrier, you're entitled to claim even if you were at fault. However, fault becomes important when claiming common law damages. If you were not mostly at fault (less than 61% responsible), you may be eligible for lump sum compensation. Your lawyer can help gather police reports, witness statements, and insurer documents to determine this.

In most cases, no. At Lexmens, we pride ourselves on resolving claims through mediation and early settlement, not litigation. We advise as to the future prospects of success and hurdles that will inevitably be confronted through litigation, such time delays, increased legal costs, stress, and uncertainty. We then weigh up the pros and cons of litigation versus settlement, guiding to you to an informed decision. We do this without compromising on fair outcomes to you. Our goal is always to maximise your compensation without unnecessary delays or stress. We only need to escalate to court or tribunal, when it’s in your best interest. When we have to litigate, we fight diligently and confidently, by your side.

28 days from the accident: Lodge your claim if seeking backdated income support 3 months from the accident: Final deadline to lodge your claim for personal injury benefits 2 years: Deadline to lodge a common law claim to extend weekly benefits 3 years: Final deadline for all common law claims (or a valid explanation is required) Missing these timeframes can affect your entitlements, so it’s important to seek advice early.

It varies. Straightforward claims can be resolved within a few months. More complex cases involving serious injuries or common law damages may take 12–24 months. However, you can usually start receiving income and treatment support within weeks of lodging your initial claim.

You can have your injuries re-assessed. If your condition deteriorates, you may become eligible for additional benefits or common law damages. It's important to keep your treating doctor and insurer updated. Lexmens can coordinate reassessments and specialist reports to ensure your entitlements reflect your current condition.

Yes, if you were not mostly at fault in the accident and your injuries are classified as non-threshold (more serious), you may be entitled to additional compensation. Common law damages may include: • Economic loss (e.g. future lost income) • Non-economic loss (e.g. pain and suffering) To qualify for non-economic loss, your injury must meet a Whole Person Impairment (WPI) rating of greater than 10%, assessed by a SIRA-accredited doctor. Time limits apply: • Common law claims must be lodged within 3 years of the accident • To keep receiving weekly benefits beyond 2 years, you must lodge your common law claim within 2 years