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Claims for Compensation and Damages for Injury in NSW Motor Vehicle Accidents

A person’s rights to compensation and common law damages for injuries sustained in a motor vehicle accident in NSW on or after 1 December 2017 are governed by the Motor Accident Injuries Act 2017 which introduced some significant changes to the motor accident compensation regime.

Any person who suffers an injury is now entitled to claim compensation (although there are some exceptions), regardless of whether they were at fault in the accident. The no fault statutory benefits include weekly payments (compensation for loss of income) and medical expenses (including treatment, rehabilitation and commercial care expenses).

Most people who suffer injury as a result of motor vehicle accidents are entitled to the statutory benefits from the date of accident for a period of six (6) months. Statutory benefits may continue after six (6) months if the injured person was not at fault and has suffered more than a “minor injury”.

Someone injured in a motor vehicle accident in NSW may also be entitled to claim damages providing they were not at fault and have suffered more than “a minor injury”. Damages can be claimed for economic loss (past and future loss of earnings or reduced ability to earn) and or compensation for pain and suffering.

There are some important time limits applied to recovering compensation or damages:

  1. The accident must be reported to the Police within 28 days after the accident.

  2. You should obtain the accident event number from NSW Police.

  3. A claim for statutory benefits must be made within three (3) months of the date of the accident.

  4. To receive weekly payments from the date of the accident, a claim for statutory benefits must be made within 28 days of the date of the accident.

  5. A claim for damages cannot be made until 20 months after the accident (unless the whole person impairment suffered by the injured person is greater than 10%) and must be made within three (3) years after the accident.

If you have sustained injury in a motor vehicle accident in NSW it is important that you seek legal advice immediately to protect your rights regarding your potential entitlement to claim statutory benefits and or make a claim for common law damages.

To find out more or to discuss a motor vehicle accident, contact Paul Gatto

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