I need a Motor Vehicle Accident Lawyer in NSW

Motor vehicle accident and CTP claims in NSW

If you have been injured in a motor vehicle accident in New South Wales, you may be entitled to compensation under the compulsory third party (CTP) insurance scheme. CTP insurance covers personal injuries. Damage to your vehicle is dealt with separately. A CTP compensation claim can provide statutory benefits and, in some cases, common law damages.

Our motor vehicle accident lawyers assist drivers, passengers, motorcyclists, cyclists and pedestrians across metropolitan and regional NSW. We can advise you on your eligibility, help you lodge a claim and represent you in disputes with the insurer. As car accident lawyers, we can also act as your CTP lawyer NSW at each stage of a CTP claim NSW, from the first application to any dispute with the insurer.

Call 1800 848 848 or start your claim online to arrange a free initial consultation. Eligible claims may be handled on a No Win, No Fee basis, subject to the terms of your costs agreement.

Eligibility to make a claim

Your entitlements depend on when and how the accident occurred, the injuries you sustained and the applicable legislation. For most motor accidents occurring on or after 1 December 2017, the NSW scheme provides two types of compensation. Knowing which motor accident compensation NSW law makes available to you is the first step in any claim.

Statutory benefits

Statutory benefits can cover reasonable and necessary treatment and care, together with weekly income support if your injuries affect your ability to work. These benefits are generally available regardless of fault, subject to statutory exclusions and limits. The duration of benefits depends on factors including fault, injury classification and the accident date.

Common law damages

Common law damages are lump sum compensation for economic loss and, where the required impairment threshold is met, non-economic loss such as pain and suffering. Generally, you must establish fault on the part of another driver or vehicle owner and have an injury that is not a threshold injury. If you contributed to the accident or your injuries, your damages may be reduced for contributory negligence.

Special provisions may apply to children and no-fault or blameless accidents. Public transport accidents can also involve different rules. We can identify the legislation that applies to your circumstances.

If the vehicle responsible was unidentified or uninsured, including in a hit and run accident, a claim may be available through the Nominal Defendant. Additional requirements apply, including taking reasonable steps to identify an unknown vehicle.

A consultation with our team can help you understand whether a claim is available and what evidence is needed to assess your entitlements.

Time limits for motor vehicle accident claims in NSW

Strict time limits apply. For most claims under the scheme applying to accidents on or after 1 December 2017, the key requirements are:

• Within 28 days: report the accident to NSW Police unless police attended the scene. Obtain the police event number if available.

• Within 28 days: lodge your Application for Personal Injury Benefits if you wish to receive weekly payments from the day after the accident. For accidents on or after 1 April 2023, backdated payments may be available if the claim is lodged within 3 months and you provide a full and satisfactory explanation for the delay.

• Within 3 months: lodge your claim for statutory benefits. A late claim may be accepted if the statutory requirements are satisfied.

• Within 3 years: lodge any claim for common law damages. A separate 3-year limit generally applies to commencing court proceedings, subject to statutory exceptions and periods excluded from the calculation.

Earlier action may be needed to preserve ongoing weekly payments. Different provisions may apply to children, people under a legal incapacity, Nominal Defendant claims and public transport accidents. Accidents before 1 December 2017 are governed by an earlier scheme.

If a deadline has passed, seek advice promptly. A late claim or an extension may still be available, depending on your circumstances. Do not assume that lodging a claim with the insurer satisfies every deadline.

How the CTP claims process works

1. Obtain medical treatment and report the accident

Seek medical attention promptly and follow your treating doctor’s advice. Report the accident to police as required. Keep relevant records, including photographs, witness details, medical certificates and receipts.

2. Lodge your claim for personal injury benefits

Submit the Application for Personal Injury Benefits to the relevant CTP insurer with the required supporting documents. This is usually the insurer of the vehicle alleged to be at fault. If you were the driver at fault, the claim is generally made to your own vehicle’s CTP insurer. We can help identify the correct insurer and prepare the application.

3. Review the insurer’s decisions

The insurer considers liability, fault and whether your injuries are threshold injuries. These decisions can affect the duration of your statutory benefits. Threshold injuries include certain soft tissue injuries and certain psychological or psychiatric injuries as defined by the legislation. Injury classification can also affect whether you can pursue common law damages. You may be able to challenge a decision with which you disagree.

4. Access statutory benefits

Where you are eligible, the insurer pays approved treatment and care expenses and weekly income support. Weekly payments are calculated under the legislation by reference to your earnings and capacity for work, subject to applicable limits. Entitlements can change over time.

5. Prepare any claim for common law damages

If a damages claim is available, we gather evidence about liability, your injuries and the effect on your earning capacity. Medical assessments may be required, including an assessment of permanent impairment where relevant. We then seek to resolve the claim through negotiation or the applicable assessment process.

6. Resolve disputes

Disputes may concern treatment, weekly payments, fault or injury classification. Depending on the decision, an insurer internal review may be required before applying to the Personal Injury Commission. Strict review and application deadlines apply, so contact our team promptly after receiving an adverse decision.

Compensation you may be able to claim

Car accident compensation under the 2017 scheme is generally made up of statutory benefits and, where a damages claim is available, common law damages.

Statutory benefits

Depending on your eligibility and the applicable limits, statutory benefits may include:

• Reasonable and necessary medical treatment expenses.

• Rehabilitation expenses.

• Weekly income support where your injuries reduce your capacity to work.

• Paid attendant care and domestic assistance that satisfy the statutory requirements.

Common law damages

Where a damages claim is available, compensation may include:

• Past and future loss of earnings or earning capacity.

• Associated loss of superannuation.

• Non-economic loss, including pain and suffering, where accident-related permanent impairment is greater than 10%.

Under the 2017 scheme, treatment and care are generally addressed through statutory benefits rather than a damages award. Different rules may apply to public transport accidents and claims under an earlier scheme.

Legal costs are subject to statutory rules. The insurer’s contribution may not cover all costs. We will explain the applicable costs arrangements, including disbursements and any amount payable from your settlement, before you proceed.

For eligible people with severe injuries, the Lifetime Care and Support Scheme may provide treatment, rehabilitation and care, regardless of fault. Participation is subject to the scheme’s eligibility criteria.

Accident claims we handle

Whether you need a road accident lawyer or a car injury lawyer, our team assists with personal injury claims involving:

• Car and motorcycle accidents.

• Cyclists or pedestrians injured in incidents involving motor vehicles.

• Hit and run accidents and accidents involving uninsured vehicles.

• Claims on behalf of children.

• Public transport injuries, including incidents involving buses, trains and light rail, subject to the legislation applicable to the accident.

Incidents involving forklifts, quad bikes or other vehicles may fall within the motor accidents scheme or another compensation framework. We can advise which type of claim is available.

If the accident occurred while you were working or travelling in the course of your employment, you may also have a workers compensation claim. The claims must be coordinated to address any recovery or repayment obligations and avoid double recovery.

Motor accident claims form part of our broader personal injury practice.

Common injuries and related issues

Whiplash injuries

Whiplash can occur when the neck moves suddenly during a collision. Symptoms may include neck pain, stiffness and headaches, sometimes extending into the shoulders, arms or upper back. Symptoms can develop after the accident, so seek medical advice if you experience pain or other difficulties.

Whiplash may be classified as a threshold injury, depending on the diagnosis and the statutory definition. Persistent symptoms alone do not establish that an injury is non-threshold. If you disagree with the insurer’s classification, we can review the medical evidence and advise whether it can be challenged.

Brain injuries

A traumatic brain injury can have lasting effects on memory, concentration, behaviour and the ability to work. Medical specialists assess its severity using clinical findings and indicators such as the Glasgow Coma Scale and the duration of post-traumatic amnesia.

Compensation depends on the applicable scheme and the effects of the injury. Treatment, rehabilitation and care may be available through statutory benefits or the Lifetime Care and Support Scheme. A damages claim may also be available, subject to the relevant requirements.

Pre-existing injuries and medical conditions

A pre-existing injury or medical condition does not automatically prevent a claim. If the accident aggravated your condition or caused additional injury, compensation may be available for the resulting loss.

Medical evidence is needed to distinguish the effects of the accident from symptoms or limitations that would have existed in any event. We can help obtain and present that evidence.

Damage to your vehicle

CTP insurance does not cover damage to your vehicle or other property. Those losses may be addressed through comprehensive insurance or a separate claim against the party responsible. A property damage claim can proceed alongside a personal injury claim, but different requirements apply.

Why choose Brydens Lawyers

For more than 50 years, Brydens Lawyers has represented clients in personal injury matters, including motor vehicle accident claims. Our motor vehicle accident lawyer NSW team can assist you with the claims process, obtain supporting evidence and advise on disputes with the insurer.

We offer No Win, No Fee arrangements for eligible claims, under which we do not charge professional fees if your claim is unsuccessful. The scope of those arrangements, including professional fees, disbursements and any other costs, is set out in your costs agreement. Visit our No Win, No Fee page or contact our team for details.

Our personal injury team assists clients across metropolitan and regional NSW, including those looking for a car accident lawyer NSW to explain their options. Contact us to discuss a consultation at a legal centre or by another suitable arrangement, including any language assistance you require.

Make Brydens Lawyers your next step

After obtaining medical treatment, seek legal advice promptly to identify your entitlements and protect your claim deadlines. Call Brydens Lawyers on 1800 848 848, start your claim online or arrange a free initial consultation.

This information is general in nature. Your entitlements depend on the circumstances of your accident and the legislation that applies to your claim.