MVA Claims

Been in a car accident?

If you have been in a car accident, our experienced lawyers can assist you with the consequences, including claims for personal injury.

Personal injuries

In NSW the Motor Accident Injuries Act 2017 applies to claims for personal injuries resulting from car accidents. The scheme in the Act determines what you are entitled to after a car accident, which differs depending on whether the accident was your fault, and the extent of your injuries. These factors will determine whether you are entitled to bring a claim for damages and, if not, how long you will have access to statutory benefits.

Statutory benefits

The Motor Accident Injuries Act 2017 provides statutory benefits to all people injured in a car accident, regardless of fault. Statutory benefits include weekly payments if you are unable to go to work, and payments for the reasonable cost of treatment and care.

If a car accident was your fault or you have sustained “minor injuries” (soft tissue injuries or a minor psychological or psychiatric injuries) you are entitled to statutory benefits for a period of 6 months.

If a car accident was not your fault (caused by a third person or a “blameless accident” caused by an animal, road conditions, debris on the road or unexpected mechanical issues etc) access to income benefits will continue for up to two years. In addition, access to medical, treatment and care benefits continues as needed.

Damages claims

If you have suffered more serious injuries, and the accident was not your fault, you may have a claim for damages against the driver of the other car. Damages for personal injuries awarded under the Motor Accident Injuries Act include economic loss and may include non-economic loss.

Economic loss is limited to loss of past and future income but does not include past or future medical or treatment costs. Medical and treatment costs will be covered by the statutory benefits and, if the person is eligible, participation in the Lifetime Care and Support Scheme.

To receive damages for non-economic loss, a person must be assessed as having greater than 10% whole person impairment. Whole person impairment is determined by medical experts and damages for non-economic loss are calculated on the basis of the level of impairment.

There are also time limits that affect when a claim can be brought and when it can be settled, depending on the extent of the injuries. If your whole person impairment is less than 10%, you cannot bring a claim for damages for economic loss until at least 20 months after the car accident.

If you need assistance navigating the procedure to obtain statutory benefits or common law damages following a car accident, our experienced lawyers can help.

If you need any assistance, contact one of our lawyers at [email protected] or call 02 6686 4233 for expert legal advice.