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Understanding car accident injury claims

If you’ve been injured in a crash, a car accident claim can provide the financial support you need to recover and move forward.

A successful claim does more than just cover your medical bills — it can include financial support for lost wages, pain and suffering, and the overall impact of the injury on your life. Your exact entitlements depend on which state you’re in and whether you were at fault.

Keep reading to learn more about car accident injuries and compensation, including whether you’re eligible and how much you could receive. If you’d prefer to speak with an expert car accident lawyer today, simply get in touch. We’re always ready to provide free advice on your situation.

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There are two types of car accident injury claims: CTP claims and common law damages claims. Each provides different types of compensation, so knowing what you’re entitled to is key to securing the full payout you deserve.

CTP car crash injury compensation

If you’ve been in a car accident, you may be able to make a claim through your Compulsory Third Party (CTP) insurance. It’s also known as a ‘Green Slip’ in NSW. This insurance helps cover medical expenses, lost income, and long-term care if your injuries are severe.

In NSW, Victoria, Tasmania, the ACT, and the Northern Territory, you can claim basic CTP compensation regardless of who caused the accident. However, in Queensland, South Australia, and Western Australia, you’ll need to prove that another driver was at fault to receive car accident injury compensation.

Common law car accident compensation

If you’re in a state that allows at-fault CTP claims and the accident wasn’t your fault, you may be eligible to file a common law damages claim.

Unlike standard CTP compensation, this type of claim covers the full financial, emotional, and psychological impact of your injury.

Depending on your state, you may need to meet a minimum level of impairment before making a common law damages claim.

To find out if you’re eligible for a common law claim, chat with one of our car accident claim lawyers today.

How much car injury compensation will I get?

In NSW, the compensation you can claim after a car accident depends on whether you’re making a no-fault CTP claim or a common law damages claim.

No-fault CTP claims

Your compensation is based on how severe your injuries are. ‘Threshold’ injuries are less severe injuries, while ‘non-minor’ injuries are typically more serious.

These include:

  • Soft tissue damage (e.g. whiplash).
  • Mild psychological conditions (not ‘recognised psychiatric disorders’).

If you have a threshold injury, you may be entitled to:

  • Weekly income support if you’re unable to work.
  • Coverage for medical treatments, hospital stays, and rehab.
  • Paid assistance with domestic tasks, whether from professionals, friends, or family.

These include:

  • Major physical trauma (e.g., fractures, nerve damage, brain injuries).
  • Diagnosed psychiatric conditions (e.g., PTSD, depression, or anxiety disorders).

If your injury is classified as non-minor, you may be eligible for:

  • Ongoing income support.
  • Medical, hospital, and rehabilitation cost coverage.
  • Domestic assistance, such as in-home care or support services.

The category your injury falls into plays a huge role in determining how much compensation you get. That’s why it’s crucial to seek legal advice before starting your claim. Our car accident injury lawyers will ensure your injuries are fairly assessed, so you receive the full compensation you’re entitled to.

Common law damages claims

The amount of compensation you can claim depends on the impact of your injuries. You may be eligible for:

  • Lost wages if you're unable to work.
  • Compensation for your reduced future work capacity.
  • Payments for pain, suffering, and emotional distress.
  • Coverage for a shortened life expectancy.

Since non-economic damages don’t have a fixed value, you could receive a substantial lump sum payout.

For a deeper look at your entitlements, check out our detailed motor accident compensation guide.

To secure the full compensation you’re entitled to, it’s crucial to have a top-rated car accident lawyer on your side.

We collaborate with leading medical experts to ensure your claim accurately reflects the impact of your injury on your health, finances, and future. And if your insurer tries to lowball you, we have the experience and resources to fight for the full payout you deserve.

What other car accident claims could I have?

Beyond your CTP and common law claims, you might be entitled to even more compensation.

If your accident happened while you were working or on your way to work, you could also have a workers compensation claim. Plus, you may be able to access income protection payments through your super while you recover. And if your injuries are long-term or permanent, you could even qualify for a Total and Permanent Disability (TPD) claim.

If you were driving for work or commuting when your accident occurred, you might be entitled to a workers compensation claim. These offer weekly payments to cover:

  • Lost wages: up to 95% of your pre-injury income.
  • Medical expenses: covering treatments, hospital care, and medications.
  • Rehabilitation: access to therapy and recovery support.
  • Travel costs: reimbursement for medical-related trips.

If your injury results in permanent impairment, you may also qualify for a lump sum payout. Additionally, if employer negligence played a role, you could have a workplace common law damages claim.

Want to know if you’re eligible for compensation? See our guides to common law damages and lump sum workers compensation, or get in touch with our car accident lawyers today.

If the car accident has left you temporarily unable to work, you may be eligible for income protection payments through your superannuation. Depending on your policy, you could receive:

  • Monthly payments to replace lost income.
  • Up to 75% of your pre-injury earnings, including super contributions.
  • Financial support for a set period — this could be a few years or even until retirement.

Unsure about your coverage? Our car accident lawyers can review your policy and help you understand your entitlements.

If your car accident injury has left you unable to work permanently, you may qualify for a Total and Permanent Disability (TPD) claim.

Unlike income protection or workers compensation, TPD benefits come as a one-time lump sum payment to help secure your long-term financial stability. Many superannuation policies include TPD insurance automatically, meaning you could already have coverage without realising it.

How to file a car accident claim

How you file a car accident claim varies based on where you live and who was at fault.

If you were responsible for the accident and live in a state where at-fault claims are allowed, you’ll need to submit your claim to your own insurer, along with any necessary documents like medical reports.

On the other hand, if someone else caused the accident, the process changes a bit:

Before you begin your car accident claim, it’s smart to consult with a lawyer who specialises in car accidents. We can evaluate your potential compensation, identify any additional claims you may be entitled to, like workers compensation or TPD, and help you secure the maximum possible payout for your injuries.

During a free consultation, we’ll walk you through the entire process, ensuring you understand your rights and the compensation you’re entitled to.

Gathering expert evidence is crucial when filing a car accident claim, particularly for fault-based CTP claims. It’s important to show not only the extent of your injuries but also to prove the other party’s responsibility.

Our car accident lawyers have the expertise to know exactly what evidence you need and work closely with medical and liability professionals to create a strong case for you. Plus, we take care of all the upfront costs for expert evidence, and you won’t pay unless we win your case.

Once you have the necessary evidence, your lawyer will assist in submitting your CTP claim to the insurer of the at-fault party. If you’re eligible for additional compensation through a common law damages claim, they will initiate the legal process to pursue that as well.

The insurer will notify you about the status of your claim. If it’s approved, you should start receiving weekly payments right away. If your claim is denied or you’re offered less compensation than expected, your car accident lawyer will help you challenge the decision and appeal the insurer’s offer.

If a common law damages claim is filed, you’ll need to attend a mandatory pre-court mediation with the insurer. Your car accident lawyer will take care of all negotiations to ensure the process runs smoothly.

While many cases settle at mediation, if the insurer doesn’t offer a fair settlement, we’re ready to take your case to court and fight for the compensation you deserve.

How to find a lawyer for a car accident claim

With 29 offices across Australia, it’s never been easier to find a car injury lawyer near you.

We have offices in SydneyMelbourneBrisbaneAdelaidePerth, HobartDarwin and Canberra.

If you’re outside of a capital city, you can also find our top-rated car accident lawyers in places like NewcastleAlbury, the Gold Coast, and Geelong. For your nearest Monaco office, check out our full list of locations.

Below, you’ll get to know some of our award-winning car accident solicitors.

Meet the team

Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

Leon Monaco
Managing Partner
  • English, Russian
  • Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
Nancy Kuan
Special Counsel
  • English
  • Family Provision Claims, Motor Vehicle Accidents, Public Liability
Vanessa Azzi
Senior Associate
  • English, Arabic
  • Motor Vehicle Accidents, Public Liability, Work Injury Damages
Kathryn Morcos
Solicitor
  • English
  • Family Provision Claims, Public Liability, Motor Vehicle Accidents
Madeleine Jennings
Paralegal
  • English
  • Family Provision Claims, Public Liability, Motor Vehicle Accident, Product Liability
Meet more of the team

Car accident claim FAQs

  1. Seek medical attention: even if you feel fine, get checked by a doctor. Your health is the priority, and your medical records will be important later.
  2. Talk to witnesses: speak with any bystanders and note their contact details.
  3. Take photos: capture as much as you can — the scene, your car, any damage, and the other vehicles involved.
  4. Report the incident: file a police report within 24 hours.
  5. Contact a lawyer: schedule a free consultation with a lawyer to understand your rights and how to proceed with your claim.

Strict time limits apply to all car accident claims, so it’s important to start your claim as soon as possible. The exact time limit depends on which state you’re in:

NSW, QLD, SA, WA, TAS and NT3 years from the accident date
VIC6 years from the accident date
ACT13 weeks to 3 years depending on the type of claim

If you’ve missed the deadline to file a claim, don’t worry — there are still options. Our skilled car accident lawyers are familiar with each state’s unique time limit exceptions and can help request an extension for you. We’ve successfully assisted many clients who faced deadlines, ensuring they still received the compensation they were entitled to. Let us guide you through the process and explore your options.

Generally, it takes around 12 to 18 months to receive your car accident compensation, but this can vary depending on the specifics of your case. Things like the severity of your injuries, required treatments, and whether your condition has ‘stabilised’ all play a role.

In this context, ‘stabilised’ means your condition is unlikely to change with time or further treatment.

It’s crucial to wait until your injuries are fully stabilised before accepting any offers to avoid settling for less than you deserve.

While hiring a lawyer isn’t mandatory for making a claim, a skilled car accident lawyer can significantly improve the outcome of your case.

Insurers often pressure unrepresented claimants to provide excessive evidence or settle for less than they deserve. But an expert lawyer has the knowledge and financial strength to fight back against these tactics.

A good car accident lawyer can help with every aspect of your claim, including:

  • Assessing your claim’s value.
  • Preparing your case to ensure maximum compensation.
  • Handle all negotiations on your behalf.
  • Advising on strategy if the settlement is unfair
  • Identifying additional claims you may be entitled to

Plus, with our No Win No Fee guarantee, you pay nothing unless we win your claim.

Before accepting a settlement offer, it’s crucial to consult with a car accident lawyer. Once you sign the agreement, it’s typically not possible to reopen the case. A lawyer can help ensure that you’re receiving fair compensation and guide you on whether the offer truly meets your needs.

Across Australia, plenty of car injury law firms claim to be ‘No Win No Fee’ — but the reality isn’t always what it seems.

Some firms cover initial costs but take up to 50% of your final payout, while others sneak in hidden fees for court expenses and expert reports — even if you don’t win your claim.

At Monaco, we’re upfront and transparent. Our No Win No Fee guarantee means exactly that: if we don’t win your case, you don’t pay a cent. No surprises, no hidden charges.

Plus, we cap our fees at 30%, so you keep more of your car accident compensation. In many cases, we even recover legal costs from the other side, meaning you could walk away with your entire payout.

Before we begin, we’ll give you a clear breakdown of costs so you know exactly what to expect.

Need expert advice? Contact one of our car accident lawyers today for a free consultation.

Yes, you can switch your car accident injury lawyer if you’re unhappy with your current representation. Whether they’re unresponsive, not fighting hard enough, or just not the right fit, you have the right to make a change.

If you decide to switch to Monaco, your car accident lawyer will make the transition seamless. We’ll handle everything, from notifying your previous lawyer to transferring your case files, so you don’t have to worry about a thing.

Not sure if switching is the right move? Our car accident and injury lawyers offer free second opinions to help you decide. Reach out today for expert advice.

What our clients say

When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.

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Monaco helped me get much more compensation than I expected.

Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

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I am forever thankful! God bless you for being there for me whenever I called.

Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.

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Good result! We had a complicated claim but they got the job done.

My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

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Thank you for accomplishing so much in such a short time.

Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.

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I knew it from the very first phone call: I had found a compassionate law firm.

Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

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They helped me juggle my injury claim and my mum's full-time care.

I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.

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Monaco is the place to go for a lawyer that cares. You're in safe hands.

They helped me when I needed it the most. Monaco are very informative and genuinely care about the outcome of your matter. Navigating the CTP, ICP and TPD system can be very overwhelming. They reduce this where every they can.

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I'm glad my friend recommended Monaco. I was happy with the result.

Green Slip Claim: I switched from another Law firm to Monaco on advice from a friend. I am so glad I did, within weeks I was sent off for further scans which led to proof of the pain I was in. All throughout the claim process I was kept up to date. Once settled I was more than happy with the end result. I would definitely recommend Monaco Compensation Lawyers, thanks.

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The bill? Surprisingly reasonable, less than expected.

Sally was very helpful and always kept me up-to-date so if you ever use Monaco Solicitors just make sure you get Sally she’s very good. And the bill was very reasonable I thought it would be higher.

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Monaco's help reduced a 12-month process to just a few months.

My father originally found Monaco online for super claims,. They had discussed with him in great detail the processes and had been kind and very helpful a few years ago. When needing help with my mothers super claim I knew I could trust Monaco again.

Leon Monaco & team member

What makes us the best car accident lawyers?

If you’ve been injured on the road, most lawyers can help you secure basic CTP insurance compensation. But at Monaco, we go beyond the basics. Our top car accident lawyers use strategic legal tactics and expert medical evidence to ensure you receive the maximum compensation you’re entitled to.

When you work with our car accident claim solicitors, you can expect us to:

  • Provide a thorough assessment of your claim with clear, expert advice.
  • Support your case with evidence from our national network of medical experts.
  • Challenge all the insurer’s evidence.
  • Carefully prepare your case to meet all time limits and other requirements.
  • Identify your additional entitlements like common law damages and TPD to maximise your payout.

Speak to one of our friendly lawyers

Millions won for our clients

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After leaving her first lawyer, Anastasia finally got justice for her debilitating car accident injuries

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We have the experience you can count on

98%
SUCCESS RATE
25
YEARS EXPERIENCE
9,403
CLAIMS WON
$650m
COMPENSATION PAYOUTS

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