Posted on 03 Jul 2025

Injured on the Road? What to Do & How to Claim Your Payout

What should I do if I’ve been injured on the road?

If you’ve been injured on the road, your first concern should be your health. Make sure you get the medical treatment you need, whether at the scene, in hospital, or by visiting your GP as soon as possible.

Once your health is taken care of, there are a few steps you can take to support your road injury claim:

At the scene

Collect witness details: if anyone saw the accident, ask for their name and contact info. Where possible, get a written or recorded statement from them — their account could be key to proving what happened.
Take photos: use your phone to capture the scene, including vehicle damage, skid marks, injuries, and anything else relevant (like road signs or traffic signals). The more photos, the better.
Report the accident to police: in most states, you’re required to report the crash within 24 hours. Make sure to get a copy of the police report or at least the report number for your records.

After the accident

Obtain a medical certificate: visit your GP to get a report detailing all your injuries, even if they seem minor.
Report the accident: if you weren’t able to at the scene, make sure to report the accident to the police at this stage.
Get legal advice early: speak to a road injury lawyer as soon as you can. In a free consultation, we’ll explain your rights, the types of compensation available, and the best strategy to maximise your payout.

Who can make a road accident claim?

If you’ve been injured in a road accident, you may be eligible to make a claim. This applies to a wide range of people, including:

Drivers and passengers involved in a crash.
Pedestrians, cyclists, or motorcyclists hit by a vehicle.
People injured on public transport.
Parents of children injured in a road accident.
Those who witnessed a fatal crash.
Family members who’ve lost a loved one in an accident.

No matter your situation, it’s always worth speaking to a lawyer after a road accident. We’ll take the time to listen to your story and explain your legal rights in plain English.

What road injuries can I claim for?

We’ve spent over 25 years helping people injured on the road get the compensation they deserve. In our experience, some of the most common road accident injuries you can claim for include:

Whiplash and soft tissue injuries.
Broken or fractured bones.
Spinal injuries.
Head or brain injuries, including a concussion.
Psychological conditions, such as PTSD, anxiety or depression.
Internal injuries or organ damage.
Burns, cuts, and lacerations.
Loss of limbs or amputation injuries.

These are just some of the most common road accident injuries, but there are plenty of others you may be able to claim for. Even if your injury seems minor, it’s always a good idea to chat with a road accident expert.

In a free consultation, our road injury lawyers will listen to your story, assess your situation, and clearly explain whether you’re eligible for compensation — all at no cost to you.

Road accident compensation calculator

How much compensation you receive for a road accident depends on a few factors, such as:

The severity of your injuries.
Whether you can return to work.
Which state you’re in.
Whether you were responsible for the accident.

Below, you’ll find our road accident payout guide, covering the types of compensation available and the rules that apply in your state.

What can I claim if someone else caused the road accident?

If the road accident was someone else’s fault, you’re entitled to make a Compulsory Third Party (CTP) claim — no matter which state you’re in. Also known as a ‘green slip’ claim in NSW, this type of claim is made through the at-fault driver’s CTP insurance, which all registered vehicles in Australia are legally required to have.

A successful CTP claim can cover a wide range of expenses and losses, including:

Lost income and reduced future earning capacity.
Medical, hospital, and rehabilitation costs (past and future).
Domestic care and assistance, whether provided professionally or by loved ones.
Reduced life expectancy (in serious cases).
Pain and suffering (also called ‘non-economic loss’).

Unlike medical bills or wage loss, pain and suffering doesn’t have a fixed dollar amount. Instead, it’s assessed based on how much your injury has affected your quality of life. As a result, payouts for pain and suffering can be substantial — but in most states, you’ll need to meet a minimum injury threshold to be eligible.

This threshold is determined by an independent medical assessment, which rates your level of permanent impairment. Depending on the state, this is called a Whole Person Impairment (WPI) rating or an Injury Scale Value (ISV). The more serious your injury, the higher your non-economic loss payout is likely to be, though most states also cap the maximum amount you can receive.

Use the table below to see the minimum injury thresholds and maximum compensation amounts for non-economic loss in your state.

State	Requirements for claiming non-economic loss	Maximum compensation for non-economic loss
NSW	Your injury must be assessed at over 10% WPI.	$654,000
Victoria	You must have either: • 30% WPI or • A serious injury certificate from the Transport Accident Commission	$663,580
Queensland	You must have an ISV of 1 or higher.	$456,950
South Australia	You must have an ISV of 11 or higher.	$405,780
Western Australia	• Your injury must be assessed at over 5% Whole Person Impairment (WPI), and • Your claim must be worth over $25,500. This amount increases every year with inflation.	$485,000
Tasmania	Your claim must be worth more than $7,000. This minimum value increases every year due to inflation.	No cap on damages.
ACT	No requirements for claiming non-economic loss.	No cap on damages.

How much can I get if the accident was my fault?

In NSW, Victoria, Tasmania, the ACT, and the Northern Territory, you can make a CTP claim even if the accident was your fault. But if you’re in Queensland, South Australia or Western Australia, you’ll only be eligible for compensation if you can prove that someone else caused the crash.

If you live in a state that allows at-fault claims, your basic compensation may include:

Lost income if your injuries prevent you from working.
Hospital, medical and rehabilitation expenses.
Domestic care and support, whether from professionals or loved ones.

How can ‘contributory negligence’ impact my road accident claim?

The value of your road accident claim may be reduced if it’s found that your own actions contributed to your injuries. This is known as ‘contributory negligence’. Common examples include:

Not wearing a seatbelt (or allowing your passengers to go without one).
Failing to wear a helmet while riding a bicycle or motorbike.
Travelling in an unsafe or unsecured position, such as in the back of a van.
Driving or riding while under the influence of alcohol or drugs, including being a passenger in a car you knew was being driven by someone intoxicated.
Engaging in risky distractions, like texting while driving or using your phone illegally behind the wheel.

If any of these apply, it doesn’t automatically mean you can’t claim. However, your compensation may be reduced depending on how much your actions contributed to your injuries.

If you suspect the insurer may argue contributory negligence, it’s essential to speak with an expert road injury lawyer. We understand the arguments insurers use and will compile strong evidence countering their claims.

How to claim for a road traffic accident

Every road injury claim is different, and the process can vary depending on which state you live in and whether you were at fault in the accident.

If you were responsible for the crash and live in a state that allows at-fault claims, the process is usually straightforward. You’ll need to lodge a claim with your CTP insurer and include all relevant supporting documents, such as medical reports, receipts for treatment, and any time off work you’ve had. From there, the insurer will assess your claim and how much compensation you’re entitled to.

If the crash was someone else’s fault, your road accident claim process will differ slightly:

Before you start your claim, it’s a good idea to speak with an experienced road injury lawyer. We’ll help you understand exactly what you’re entitled to and assess how strong your claim is.

In your free consultation, we’ll also check whether you’re eligible for extra benefits like a one-off permanent impairment lump sum or a Total and Permanent Disability (TPD) claim through your super.

To successfully prove your CTP claim, you’ll need strong evidence showing both the extent of your injuries and that someone else was at fault. Without this, your claim could be delayed or denied.

That’s where we come in. Using our trusted national network of medical and liability experts, we’ll build a compelling, evidence-backed case on your behalf. We’ll also cover all the upfront costs, so you won’t pay a cent unless we win.

Once we’ve gathered all the necessary evidence, we’ll help you lodge your CTP claim with the at-fault party’s insurer. If you’re eligible for other claims, we’ll also file them on your behalf.

You’ll need to attend a mandatory pre-court mediation with the insurer. Your lawyer will manage the entire negotiation process for you, keeping things as stress-free as possible while pushing for the best outcome.

In most cases, our thorough preparation and decades of experience with road accident claims mean we’ll resolve things at mediation. But if the insurer still won’t come to the table with a fair offer, we’re ready to take your case to court and fight for the compensation you deserve.

How long after a road traffic accident can you claim?

Time limits apply to every road accident insurance claim, with the exact deadline depending on your state:

NSW, QLD, SA, WA, TAS and NT	3 years from the accident date
VIC	6 years from the accident date
ACT	13 weeks to 3 years depending on the type of claim

If you’ve missed the deadline to lodge your road injury claim, don’t give up — you may still be eligible for an ‘exception’. This is a legal allowance made for people who have a valid reason for the delay, such as being unaware of their rights, experiencing severe injuries, or being out of the state at the time.

Our lawyers are well-versed in the specific rules and exceptions for every state and territory. We’ve helped hundreds of clients successfully lodge delayed claims by preparing strong applications that clearly explain the reasons behind the delay.

Road accident claims amounts

To give you a better idea of how much road accident compensation you can expect, here are two of our recent successful claims.

Cyclist Robert win $1.72mil for catastrophic car crash

When Robert was hit by a car while cycling to work, he suffered serious injuries that left him unable to return to his high-paying job.

Our lawyers built a watertight case backed by financial records and expert evidence to prove the long-term impact of the crash. In the end, we successfully countered the insurer’s arguments and negotiated a $1.72 million settlement, the maximum allowed by law. By settling out of court, we helped Robert avoid further delays and legal costs, giving him financial security for the future.

Read Robert's full story

Ryan secures $1mil after being knocked off motorbike

At just 26, Ryan was knocked off his motorcycle and left with severe injuries to his foot, requiring multiple surgeries and leaving him unable to work. We secured immediate support through a workers compensation claim, covering his lost wages and urgent medical expenses.

To safeguard his long-term future, we also filed a motor accident claim using expert medical reports. After negotiating directly with the insurer, we reached a $1 million settlement — covering Ryan’s future care, lost income, and pain and suffering, without the stress of a formal hearing.

Read Ryan's full story

How a lawyer can help with your road injury claim

While you can make a road injury claim on your own, having a specialist lawyer gives you the best shot at receiving your full entitlements. Here’s how we help:

Free claim assessment: we’ll review your situation and let you know if you have a claim, free of charge.
Treatment and medical records: we can refer you to a doctor and make sure your injuries are properly documented. If your scans don’t explain your pain, we’ll help you get a second opinion.
Accurate compensation calculations: we look at every angle, including lost income, future expenses, and the emotional impact, to ensure nothing gets missed.
Dealing with the insurer: we’ll handle all negotiations on your behalf. If the insurer disputes your claim or offers less than you deserve, we have the skill to push back.
Uncovering extra entitlements: we’ll check for other benefits you might be eligible for, like income protection or a Total and Permanent Disability (TPD) payout.

Best of all, with our No Win No Fee guarantee, there are no upfront fees and you won’t pay a cent unless we win your case.

Get in touch today for free advice on your road injury claim. We’re here to secure the compensation and justice you deserve.

Can I claim if my loved one died in a road accident?

If your loved one passed away in a road accident and this significantly affected your finances, mental health, or daily life, you might be eligible for compensation. There are three main types of claims you could make:

Dependency claims: for those financially supported by the deceased, like partners or children.
Nervous shock claims: for those who develop a recognised psychiatric illness due to a loved one’s death, such as PTSD or depression.
Loss of services claims: compensation for unpaid help your loved one provided, like childcare or home maintenance.

These claims can provide crucial financial relief during an incredibly difficult time. Below, we’ll explain how each type works.

Dependency claims

You may have a dependency claim if you relied on the person who passed away to help cover your everyday living expenses. Simply put, if their income supported you, you could be entitled to compensation.

This usually applies to close family members such as spouses, de facto partners, children, parents, and sometimes siblings. In some cases, other relatives or even non-family members financially dependent on the deceased might also qualify.

The compensation amount depends on factors like:

Your relationship to the deceased.
Your financial situation.
The deceased’s income prior to their death.

Your age.
The level of support they provided.
Any future costs you’re likely to face, such as school fees or ongoing care.

Ultimately, a dependency claim aims to replace the financial support you would have continued receiving if your loved one were still alive.

Nervous shock claims

If you’ve developed a diagnosed psychiatric condition like anxiety, depression, or PTSD as a result of your loved one’s death, you may be eligible for a nervous shock claim.

It’s important to note that normal grief or sadness isn’t enough — you must have a formal diagnosis from a qualified medical professional to qualify.

Your compensation can cover:

Treatment and therapy costs.
Lost income due to your condition.
Compensation for the emotional pain and suffering caused by your loss.

Loss of services claims

If your loved one provided unpaid support, like cooking, cleaning, childcare, or school runs, often called ‘gratuitous services’, you might be entitled to compensation for losing that help.

Because these services aren’t paid, valuing them can be tricky. Courts typically look at factors such as:

The deceased’s skills or profession.
The amount of time they spent on these tasks.
How their loss has impacted you and increased responsibilities for other family members.