It is important that you know that anyone injured in a motor vehicle accident before the introduction of the new scheme, that is prior to 1 December 2017, which will be discussed below, will still continue to have entitlements in accordance with the legislation that applied at the time of the accident.

For example, if you were injured in a motor vehicle accident before 1 December 2017, we can still assist you with your claim and the old legislation will apply.

You may be able to claim TPD compensation if you have a serious injury or illness and are unable to do your job or other work that you are qualified for and are unlikely to be able to return to work. This will depend on the training, qualifications and experience that you have. This means you may still be able to do some types of work, but they are not related to the work that you were doing and are qualified to do. You can make a claim as soon as you are unable to work.

Generally, you are also required to be under 65 years of age.

On 1 December 2017, changes were made to motor vehicle legislation and the Motor Accidents Injuries Act 2017 (NSW) was introduced which overrides the compulsory third party motor accidents scheme within the Motor Accidents Compensation Act 1999 (NSW).

Firstly, after an accident, an injured party had 6 months to lodge the claim form on the relevant CTP Insurer. However, under the new Act, a claim for statutory benefits must be made within 3 months after the date of the accident. Also under the new Act, if a claim for statutory benefits is not made within 28 days after the date of the accident, these weekly payments will not be payable in respect for any period before the claim is made.^[1] For example, if you serve the claim form on the CTP Insurer within 2 months, then you will not be paid statutory benefits for the 2 months that you did not lodge the form.

If a claim is not made within this period, a full and satisfactory explanation for the delay must be provided and either the claim is made within 3 years after the date of the accident, or the claim is in respect of the death of a person or injury resulting in more than 10% Whole Person Impairment (‘WPI’).^[2] The claim being made within 3 years is different to lodging the claim form.

^[1] Motor Accident Injuries Act 2017 (NSW) s 6.13.

^[2] Ibid.

Whole Person Impairment refers to your degree of disability, indicated as a percentage. This exists to provide compensation for any body part, system or function that has permanently impaired you as a whole person.

One of the most important changes following the NSW amendments is the introduction of statutory benefits available to most injured people in a motor vehicle accident, no matter who is at fault, for a period of 6 months. If proven reasonable and necessary, these benefits include:

1. Weekly income payments if you are unable to work
2. Medical and treatment expenses; and
3. Attendant care on a commercial basis

This is to ensure that injured people are treated quickly and effectively, no matter what position they were in during the accident.

Claimants with minor injuries, which is defined under the Motor Vehicle Injuries Act 2017 (NSW) as soft-tissue injuries or minor psychological or psychiatric injury, or those who caused the accident by their own negligence or recklessness are limited to only 6 months of weekly payments of these statutory benefits.

After the 6 month period of receiving these statutory benefits, the CTP Insurer will make a decision as to whether the injuries are significant enough to continue with further treatment and compensation benefits. For your information, a CTP Insurer is a ‘Compulsory Third Party’ Insurance such as AAMI, Allianz, GIO etc.

You can receive up to 2 years of weekly payments if you are assessed as suffering up to 10% WPI. The assessment as to whether there is a permanent impairment of more than 10% is either agreed with the Insurer, or if not agreed, is made by a medical assessor appointed by the State Insurance Regulatory Authority (‘SIRA’). The 2 year weekly payments may also be extended if you are pursuing a “damages” claim, which will be discussed below.

As part of your compensation claim you are entitled to claim for any or all of the following:

• Loss of wages or income;
• Compensation for the unpaid care and assistance received from family members or professionals;
• Medical expenses including but not limited to medical treatment, doctors or specialist visits/consultations, hospital and surgery fees etc. Medical expenses are available for life for those who are not at fault and have more than just a minor injury;
• Rehabilitation costs including but not limited to physiotherapy, psychotherapy or exercised-based treatment such as psychotherapy;
• Paid care which can include cleaning, gardening, nursing, car maintenance and service;
• Legal costs.

Injuries and disabilities sustained following a motor vehicle accident most commonly include but are not limited to:

• Brain Injuries
• Head Injuries
• Spinal Injuries
• Psychological Injuries (diagnosed post-traumatic stress disorder (PTSD), anxiety disorders, depression)
• Scarring
• Fractures
• Whiplash
• Broken bones
• Dislocations
• Aggravations of pre-existing injuries

It can take a long time for claims to be investigated and assessed, sometimes up to 12 months, especially if your injuries need to stabilise first. Talk to us to find out more about how long it will take for your claim to be processed, whether we can help you get your claim fast-tracked and what you can do in the meanwhile.

In most cases, the CTP Insurer of the driver that caused the accident will pay the compensation. It is not the driver who pays as they are covered by that CTP Insurance. We will directly deal with that Insurance and correspond with them throughout your claim.

Since the introduction of the new CTP Scheme, there are strict time limitations for making motor vehicle accident claims. Claimants now have 3 months from the date of accident to lodge a claim form on the CTP Insurer.

You should lodge your Personal Injury Claim Form within 28 days to ensure that you receive weekly payments from the date of the accident. If you lodge the form after 28 days, your weekly benefits become payable from the date of lodging your claim rather than the date of accident. You can find the necessary form and further information here.