Car Accident Compensation

Injured in a car accident in NSW or ACT? Talk to Masselos & Co Lawyers. Our specialist solicitors live & breathe road accident claims to get you the compensation you deserve.

Female holding neck after car accident

Car Accident Compensation

If you’ve been injured in a motor vehicle accident – you have come to the right place.

The law concerning car accident compensation changes constantly and you need an expert fighting your case who’s up-to-date with these changes.

We have specialist lawyers who live and breathe motor accident compensation. They have successfully pursued cases in the Supreme Court and the Court of Appeal and have broken new ground legally. So rest assured that our team will give you the best advice on how to get what you deserve as quickly as possible.

Get in touch today

Our expert lawyers are on hand to answer any questions you might have, with no obligation.

What you can claim:

NSW has a hybrid scheme which means that some benefits are paid immediately and on an ongoing basis, while damages are usually paid in a single lump sum.

  • Medical and treatment expenses – you can claim your reasonable medical and treatment expenses from the insurer immediately, and you can claim for future costs too.
  • Income payments – you can claim weekly payments of economic loss right away if you’re off work or suffering a loss of income.  If you are entitled to claim damages, past and future loss of income can be claimed as a lump sum.
  • Care and domestic assistance – If you require assistance at home because of an accident, or if you are no longer able to care for someone else, you may be entitled to claim for these past and future losses.
  • Pain and suffering and loss of enjoyment of life – If your injury is permanent and crosses a 10% whole person impairment threshold, you may claim additional damages for your pain and suffering.
  • Catastrophic injuries – special compensation laws apply to people who suffer very serious injuries under the Lifetime Care and Support Scheme, irrespective of who was at fault in the accident./li>

Find out how Masselos & Co helped Anita rebuild her life after a serious car accident.

“I felt excited for the first time that things could change. Without Masselos & Co, I don’t think I would be here. Now, I’m loving my life.” - Anita

Did you know?

  • Whether the accident was your fault or not, you will be entitled to compensation if you are hurt in a motor accident.
  • Time limits apply at each stage of the compensation process – so make sure you have the right legal advice from the start.
  • CTP policies are now issued by only 5 big insurance companies (NRMA, Allianz, GIO/AAMI, QBE, and Youi) each of whom has a dedicated, well-resourced team assigned to every claim who are tasked with keeping payouts to a minimum. Make sure you have an experienced lawyer on your side when facing these odds.
  • Motor accident claims may be brought by drivers, passengers, pedestrians, cyclists, motorcyclists in claims involving cars, buses, trucks, motorcycles (or even forklifts), stolen or unregistered vehicles – and even when the accident didn’t occur on a public road – trams, trains, and even ferries.
  • If you cannot identify whether the vehicle responsible for your accident was unregistered or uninsured, you can still lodge a claim against the Nominal Defendant, however in the case of unidentified vehicles, extra steps must be taken in an effort to identify the vehicle and these need to be completed as soon as possible after the accident.

What to do when you’ve been injured in a car accident


Notify the police

If the police didn’t attend the scene of the accident, you should report it at the nearest police station or by phoning the Police Assistance Line on 13 14 44 within 28 days of the accident.


Lodge your Application

Lodge your Application for Personal Injury Benefits with the CTP insurer of the vehicle most at fault. This needs to be done within 28 days of the accident to ensure you can claim for past loss of income and it should be lodged whether or not you were at fault.


Get a ‘Certificate of Capacity’ from your doctor

Also, ensure that the form is accompanied by a Certificate of Capacity filled out by your doctor. If the application is lodged within 3 months of the accident, you will be unable to claim for past loss of income. Any later than this and you will need to provide a full and satisfactory explanation for the delay, which might not be accepted.


Seek legal advice

Ensure you seek legal advice straight away if your claim is denied. Strict time limits apply when challenging an insurance company’s decision to deny statutory benefits claims.

Occasionally, there may be a dispute about how an accident happened and who was at fault. If an insurer blames you and denies the claim – this isn’t the end of the matter. A decision of the insurer to deny liability for a claim can be overturned by a court or the Personal Injury Commission. And it’s important that you have the right legal representation if this happens. We may have to retain road experts to provide expert reconstruction reports to prove that our client was in the right and is therefore entitled to compensation.

FAQ: Motor accident compensation

Click below to find an answer to these frequently asked questions.

How long after a car accident can you make a claim in New South Wales?

If you’ve been in a car accident, regardless of whether you were at fault or not, you have to submit an application for personal injury benefits to the insurer of the most-at-fault vehicle (even if that’s your insurer) within 28 days to ensure you receive income support payments from the date of the accident. Even if you were at fault, if you were injured in a motor accident, you can claim treatment costs and, depending on the circumstances, you may be eligible for income support payments for six months after the accident. Just be aware that the claim form needs to be submitted together with a Certificate of Capacity filed by your doctor, so it’s important to see your doctor as soon as possible after the accident.

If you were not mostly at fault in the accident and you have a “non-minor injury”, then you will be able to claim benefits beyond the first 6 months, and you may also be entitled to claim lump sum damages for pain and suffering and your past and future economic losses. Your treatment and care expenses are covered for life.

A claim can be made up to 3 months after an accident, although past weekly payments will not be payable if the claim is made more than 28 days after the accident. Claims made after 3 months will be accepted if a full and satisfactory explanation as to why the delay occurred is provided. However, these processes can stretch over long periods of time and they may not be successful. 

Can you sue a driver for negligence?

When we operate motor vehicles on the road, we’re under obligation to take reasonable care to avoid injuring other motorists, passengers or pedestrians. So if a driver fails to exercise reasonable care while driving, for example by disobeying traffic rules, their behaviour may be considered negligent. In this case, their CTP insurer may be liable for any lump sum damages suffered by the injured person as a result of the negligence of the owner or driver of a motor vehicle.

Is it worth getting a lawyer for a car accident?

Car accidents can be messy and quite difficult to deal with, in both the literal and bureaucratic sense. So depending on the situation you may benefit from obtaining legal advice before lodging any claims. A specialised lawyer can not only help you make sense of the lengthy paperwork involved but also help make you aware of – and get – what you’re entitled to depending on your circumstances.

How do you prove negligence in a car accident?

To prove a driver’s negligence in a car accident, you have to first of all show that there was, in fact, a duty of care to be upheld. In the context of operating a motor vehicle, for example, this would describe the driver’s responsibility to take reasonable care to avoid harming other people on the road by obeying traffic rules. Next, you need to prove they were engaging in neglectful behaviour, thus ‘breaching’ said duty of care. This could include:

  • Running a red light
  • Not watching for pedestrians at a crossing
  • Speeding 
  • Not keeping a safe distance from other vehicles, cyclists or pedestrians
  • Failing to give way
  • Losing control of a vehicle
  • Failing to repair defects in a vehicle.

As the claimant, you then have to show that this driver’s actions have in fact caused you harm or measurable loss. Should that be the case you may be entitled to compensation.

What if I cannot identify the vehicle who was at fault?

Sometimes it can be difficult to identify the vehicle at fault, for example when a guilty driver flees the scene, or when the driver does not realise they’ve caused an accident. Just because you cannot identify the at-fault driver does not mean you cannot claim. In this situation, a claim must be lodged with the Nominal Defendant who will allocate the claim to a licensed CTP insurer. The same laws apply as in any other motor accident, except that you must show that you have made reasonable attempts to identify the at-fault vehicle. This is known as “due inquiry and search”.


Your expert team

Motor accident compensation is a complex and highly specialised area of law. A specialist practice like Masselos & Co Lawyers – with over 50 years experience – can ensure you get the best possible outcome for your case.

We care, and that’s why your first consultation is absolutely free, so contact us now.

Get in touch today

Our expert lawyers are on hand to answer any questions you might have, with no obligation.