In December 2017, the NSW Government introduced significant changes to the motor accidents compensation scheme. These changes significantly impacted on an injured person’s ability to be compensated if they are injured as a result of a motor vehicle /motorbike accident. There are two types of claims that an injured person can pursue:
Statutory Benefits
An injured person, irrespective of whether or not they caused the accident, can claim the following benefits for up to 6 months from the date of accident:
- Wages.
- Medical and treatment expenses.
- Domestic assistance / care.
The Application must be lodged with the CTP insurer of the vehicle mostly at fault within 3 months from the date of accident. In order to claim loss of wages from the date of the accident (instead of from the date of when the application is lodged), the application needs to be lodged within 28 days from the date of accident.
To be entitled to these benefits beyond the 6-months mark, the CTP insurer must accept that:
- The injured person was not at fault/“mostly” at fault for the accident, and
- the injuries sustained are “non-minor injuries”. This can be a complex procedure that requires the input of an experienced personal injury lawyer.
If the insurer denies liability beyond the 6-months period, “reasonable and necessary” medical, treatment and care benefits can continue in certain circumstances.
Damages Claim
If you have sustained a ‘non-minor’ injury and you were not at fault/mostly at fault, then apart from the above benefits continuing, an injured person can pursue a Damages claim. This claim is for a lump sum for some or all of the following:
- Past wage loss and loss of superannuation benefits.
- Future wage loss and loss of superannuation benefits.
- Non-economic loss (i.e. compensation for your injuries and pain & suffering)
Claiming statutory benefits and a damages lump sum can be complex and confusing. There are various time limits which apply to these claims. Not complying with the time limits can end an injured person’s entitlement to pursue the claim(s). Insurers often use in-house and external lawyers. At Lionheart Lawyers we have a dedicated team of Personal Injury Compensation Lawyers who understand the NSW motor accident laws. Our team will ensure that your legal rights and entitlements are protected, and you are awarded the compensation you deserve.
It is important that you call us as soon as possible after an accident for an obligation-free assessment of your claim.