Road Accident Compensation in NSW

Road Accident Compensation in NSW


If you’ve been injured in a road accident, you have a limited amount of time to file a claim for compensation for your injuries, as well as a limited amount of time to continue receiving compensation if you are already.

Regardless of how long it’s been since your accident, you should review your rights and see what you’re entitled to. Based on the NSW CTP plan, this page summarises everything you need to know about how long after a car accident you can claim in Australia. In other words, if you either live in NSW or outside NSW, but were involved in a road accident in this state, then it’s likely you will be entitled to compensation.

It’s also important to understand that when we talk about “road accident,” we are not just talking about car accidents. You can claim compensation if you were injured on the roads as a cyclist, motorcycle rider, passenger and pedestrian. Very strict time limits apply and it is always best to get legal advice from a compensation lawyer promptly.

How Long After The Road Accident Do I Have To Tell The Police?

Within 28 days after the accident, you must tell the NSW Police. The police will issue you with a police incident number, which you’ll need for your ‘personal injury benefits application.’ This is the application for weekly income support (to replace lost wages if you are unable to work), as well as medical and treatment expenditures. Also remember that even if you were partially to blame for the road accident you can still claim compensation.

How Long Do I Have To File A Claim For Income Loss That Is Backdated To The Date Of The Accident?

To have your income support payments backdated to the date of the accident, you must apply for personal injury benefits within 28 days after the road accident. If you apply more than 28 days after the accident, you will only be eligible for income assistance from the date of your application. So, once again, time is of the essence when claiming compensation.

It’s recommended that you contact a workers compensation lawyer soon after your accident so you can be best advised of the steps you must take and steps you shouldn’t take that may compromise your right to compensation. At Australia Lawyers, our compensation lawyers offer a free, initial consultation.

What is the Deadline for Claiming all of my Statutory (weekly) Benefits?

Three months following the date of the accident, you must file your claim for personal injury benefits.

How long will I Continue to get Weekly Payments?

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You will receive weekly benefits for a maximum of six months if your injuries are assessed as minor.

You can receive weekly compensation for up to two years if your injuries are assessed as non-minor.

How much time do I have to apply for a lump sum payout of Compensation?

You can submit a lump sum claim for past and future loss of income if your injuries were determined to be non-minor and you weren’t largely at fault in the accident.

You’ll have to wait 20 months from the date of the accident to file a lump sum claim if your injuries whole person impairment) are deemed less than 10%. This is to allow your injuries to heal.

You have the right to claim lump amounts for past and future income loss, as well as pain and suffering, if your Whole Person Impairment (WPI) is greater than 10%. You can submit these claims at any time.

What options do I have for getting assistance with my Claim?

While this article gives an overview of how long you have to file a claim for compensation in Australia after a car accident, there are, however, some circumstances in which you may be able to acquire a waiver from the standard deadlines. It’s also crucial to remember that injuries can worsen over time, and insurance company determinations can be appealed. If you’ve been diagnosed with a minor injury, for example, it could progress to a non-minor injury over time. If this has happened to you, we can assist you get your injuries re-evaluated to see if you are eligible for additional compensation.

What to do Next?

If you have been injured in a road accident, what you must do is seek legal advice very quickly. Some people wait too long and then find that their ability to claim compensation has been jeopardised.

At Australia Lawyers, our Perth workers compensation lawyers offer a free, initial consultation and will pursue your claim on a No Win No Fee basis.