Your step by step guide on how to make a compensation claim in New South Wales.
Personal injury arising from motor vehicle accidents are an unfortunate yet unavoidable occurrence of daily life. During this period, it essential that you are aware of your rights and entitlements.
To make a claim after being injured in a motor vehicle accident:
- You will need to identify the insurer of the vehicle who you believe is most at fault as well as report the accident to police.
- After having done so, you must lodge your Application for personal injury benefits within 28 days from the date of accident to ensure your statutory benefits (wages and medical expenses) are paid from the date of accident.
- You may lodge your application for personal injury benefits within 3 months however, your statutory benefits will only begin from the date the claim is made.
Your statutory benefits will only continue after 26 weeks from the date of accident if it has been found that you are both not wholly at fault for the accident and that your injuries have been deemed to be ‘non-minor’.
It is only in this instances that you would then be entitled to make an Application for damages under common law. Damages under common law can be awarded for the injury you have suffered as a result of the accident.
- If you are assessed by an Independent Medico-legal doctor as having sustained a whole person impairment percentage of less than 10%, then a common law claim for damages can only be made from 20 months to three years after the date of accident. In this case you will only be eligible to claim past and future economic loss.
- While if you have been assessed as having sustained greater than 10% permanent impairment you are entitled to make a claim for damages under common law at any stage within three years from the date of accident. You are entitled to claim past and future economic loss as well as non-economic loss, which is also referred to as pain and suffering.
One Law Group has a specialist team dedicated to personal injury arising from motor vehicle accidents, if you would like more information or advice in relation to the practices and procedures in place, please contact our team on (02) 9119 2232.
