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Understanding car accident compensation claims

If you’ve been hurt in a car accident, a compensation claim can give you the financial support you need to get back on track.

These claims can go well beyond covering medical expenses. You could receive compensation for lost income, professional care, and the broader impact of the injury on your life. Exactly what you’re entitled to will depend on your state’s laws and whether you were at fault.

The best part? With our No Win No Fee guarantee, there’s no financial risk. We take care of all upfront costs, and you won’t pay a cent unless we win your case.

Read on to find out how No Win No Fee car accident claims work, what compensation you may be entitled to, and whether you’re eligible. Prefer to speak with someone now? Our expert car accident lawyers are always available to offer free advice tailored to your situation.

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Can I make a No Win No Fee car crash claim?

You can make a No Win No Fee claim if you’ve been injured in any kind of road accident, not just car crashes. While ‘car accident’ is the common term, these claims cover a wide range of motor vehicle incidents. That’s why you might also hear them called motor vehicle, road, or traffic accident claims.

Our No Win No Fee car accident lawyers can assist with:

You may also have a valid claim if:

  • Your child was injured in a traffic-related incident.
  • You witnessed a fatal crash and developed a recognised psychological injury.
  • A family member died as a result of a motor vehicle accident.

Every situation is different, and this isn’t a complete list. If you’ve been involved in any kind of road accident, it’s best to speak with a lawyer who specialises in these claims. Our No Win No Fee solicitors will listen to your story and explain all your legal options.

How do No Win No Fee car accident lawyers work?

If you’ve been looking into your options after a car accident, you’ve probably seen the term ‘No Win No Fee’ come up a lot. But what does it actually mean? And is it really as straightforward as it sounds?

The truth is, while many firms advertise ‘No Win No Fee’, the reality often comes with strings attached. Hidden charges, exclusions, and fine print are all too common.

At Monaco, we take a different approach. To us, ‘No Win No Fee’ means exactly that — no sneaky asterisks and no last-minute surprises. Just quality legal support for every Australian, regardless of their financial situation.

Here’s what makes us the best No Win No Fee car accident lawyers in Australia:

  • No upfront payments: we cover all initial costs, including expert reports, investigations, and assessments, so you’re never a cent out of pocket for your claim.
  • A genuine No Win No Fee promise: most firms only cover their fees if your claim is unsuccessful, leaving you stuck with evidence fees, court costs and other extra expenses. Only our No Win No Fee guarantee includes every cost related to your claim, so you’ll never get a bill unless we secure your compensation.
  • Lower capped fees: if your claim is successful, our fees are capped at 30% of your payout, far below the 50% charged by many other firms. And in most cases, we recover costs from the other party, so you keep more of your payout.
  • Full transparency: before we begin work, you’ll receive a clear, written outline of all potential costs, so you’ll know exactly where you stand.
  • 60-day risk-free trial: we offer a 60-day trial for all car accident cases, so you can evaluate our work before committing to your claim.

To learn more, head to our complete guide to No Win No Fee claims. Alternatively, just get in touch — our experienced car accident lawyers can provide a free estimate of how much your claim will cost.

How much compensation can I get for a car accident?

The amount of compensation you may receive after a car accident depends on several key factors, including:

  • How serious your injuries are.
  • The state or territory where the accident occurred.
  • Whether you can work again.
  • Whether you were at fault for the crash.

To help you understand your entitlements, we’ve put together a comprehensive car accident compensation guide. It outlines the different types of damages you may be eligible for and explains the relevant rules in your state.

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

If another person was at fault for your car accident, you have the right to lodge a Compulsory Third Party (CTP) claim — regardless of which state or territory you’re in. In NSW, this is often referred to as a ‘green slip’ claim. These claims are made through the CTP insurer of the driver who caused the crash, and every Australian driver is legally required to have this insurance.

A successful CTP claim can offer compensation covering:

  • Wages you’ve lost and any future impact on your ability to earn.
  • Medical expenses, hospital treatment, and ongoing rehabilitation.
  • Domestic help and personal care, whether paid or provided by a family member.
  • Shortened life expectancy (in severe cases).
  • Pain and suffering (also called non-economic loss).

Unlike medical bills or lost wages, pain and suffering compensation doesn’t have a strict dollar value. Instead, it’s based on how much your injury has impacted your life overall. That means you could receive a significant lump sum payout. However, most states require you to reach a certain level of impairment before you can claim for pain and suffering.

What is my level of impairment?

To figure out your impairment level, you’ll need to have your injury assessed by a medical professional with experience in your kind of condition. Depending on your location, this might be called a Whole Person Impairment (WPI) or an Injury Scale Value (ISV) assessment. Generally, the more severe the injury, the greater the compensation. However, most states also set a maximum compensation amount you can receive.

Check out the table below to see the minimum impairment thresholds and maximum payouts for pain and suffering in your state.

StateRequirements for claiming non-economic lossMaximum compensation for non-economic loss
NSWYour injury must be assessed at over 10% WPI.$654,000
VictoriaYou must have either:
• 30% WPI or
• A serious injury certificate from the Transport Accident Commission
$663,580
QueenslandYou must have an ISV of 1 or higher.$456,950
South AustraliaYou 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
TasmaniaYour claim must be worth more than $7,000. This minimum value increases every year due to inflation.No cap on damages.
ACTNo requirements for claiming non-economic loss.No cap on damages.

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

In New South Wales, Victoria, Tasmania, the ACT, and the Northern Territory, you can still make a CTP claim even if you were at fault for the crash. However, in Queensland, South Australia, and Western Australia, compensation is generally only available if you can prove that another person was responsible for the accident.

If you’re in a state that permits at-fault claims, you could receive compensation covering:

  • Income you’ve lost (if your injury means you’re unable to work).
  • Medical treatment, hospital bills, and rehabilitation costs.
  • Assistance with daily tasks, whether provided by a professional or a family member.

How to make a No Win No Fee car accident claim

Every car accident claim is a little different, and the process can change depending on where you live and who caused the crash.

If you were at fault and live in a state that allows at-fault claims, things are usually pretty simple. You’ll lodge a claim with your CTP insurer and include things like medical reports, receipts for any treatment, and records showing time off work. From there, the insurer will assess your claim and work out how much compensation you’re entitled to.

If someone else caused the accident, the process will look a bit different:

Before starting your claim, make sure you speak with a No Win No Fee road traffic accident lawyer. We’ll explain what you’re entitled to and give you an honest assessment of how strong your claim is.

During your free consultation, we’ll also check if you’re eligible for any additional benefits, like a lump sum for permanent impairment or a Total and Permanent Disability (TPD) claim through your super fund.

To get your CTP claim over the line, you’ll need solid proof linking your injury to someone else’s actions on the road. Without this evidence, your claim could be delayed or even denied.

That’s where our lawyers can make all the difference. We gather all essential evidence on your behalf, including medical reports and expert opinions from our network of specialists. And with our No Win No Fee guarantee, we cover all upfront costs — so you’ll never be a cent out of pocket for any of this evidence.

Armed with strong expert evidence, our lawyers will lodge your CTP claim with the responsible party’s insurance company. If you’re entitled to make any other claims, we’ll also file them at this stage.

You’ll need to take part in a mandatory pre-court mediation with the insurer. Your lawyer will handle the whole negotiation on your behalf, aiming to make the process as smooth as possible while fighting for the best result.

In most cases, our detailed preparation and decades of experience mean we can settle at mediation. But if the insurer still refuses to offer a fair deal, we’re fully prepared to take your case to court. And don’t worry — our No Win No Fee guarantee still applies, even if things go that far.

How to find a No Win No Fee car accident lawyer

With 29 convenient offices across the country, finding a No Win No Fee car accident lawyer has never been simpler.

We have offices in every capital city, including
SydneyMelbourneBrisbaneAdelaidePerth, HobartDarwin and Canberra.

If you’re located outside these cities, you’ll also find our No Win No Fee solicitors in areas like NewcastleAlbury, the Gold Coast, and Geelong. For your nearest Monaco office, head to our full list of locations.

Want to know more about our car accident lawyers? Meet some of the award-winning team below.

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
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

Frequently asked questions

Yes — and in many ways, choosing a No Win No Fee traffic accident lawyer is actually a safer choice than working with a traditional law firm. Here’s why:

  • We don’t profit from unsuccessful claims, so we only take on cases we genuinely believe in.
  • All upfront costs are covered by us, meaning you won’t pay anything out of pocket for your claim.
  • Our legal fees are capped and tied to your compensation, ensuring they stay fair and proportionate.
  • Most importantly, our goal is to make expert legal help available to everyone, not just those who can afford to pay upfront.

With a No Win No Fee car crash lawyer, you get trusted, experienced representation without the financial risk.

Right after a car accident, take these steps to protect your health and your future claim:

  1. Get medical help: even if you feel okay, see a doctor as soon as possible. Your health comes first, and having medical records will support your claim later.
  2. Talk to witnesses: if there are any bystanders, ask for their contact details. Their statements could be crucial.
  3. Take photos: document the scene thoroughly, including your vehicle, any damage, road conditions, and other cars involved.
  4. Report the accident: make sure to file a police report within 24 hours.
  5. Contact a No Win No Fee car accident lawyer: arrange a free consultation to understand your rights and get advice on how to move forward with your claim.

Yes, you’re allowed to change car accident lawyers at any point if you’re not happy with how your case is being handled. Whether your current lawyer isn’t communicating well, seems unmotivated, or just isn’t the right fit, you don’t have to stick with them.

If you choose to switch to Monaco, we’ll take care of the entire handover process for you, including informing your current lawyer and arranging the transfer of all your documents. It’s a smooth, stress-free transition — and because we’re No Win No Fee car accident lawyers, you won’t pay a thing unless your claim is successful.

Still unsure if changing lawyers is the right move? We offer free second opinions, so you can get honest advice before making a decision. Get in touch and let’s talk through your options.

Time limits apply to every car accident claim, but the exact deadline 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 cut-off date to start your claim, don’t assume it’s too late. In many cases, you can still apply for an ‘exception’. This is a legal time limit exemption for people who have a genuine reason for the delay, like not knowing about their rights, suffering serious injuries, or being interstate or overseas at the time.

Our experienced lawyers understand the unique rules and extensions available in each state and territory. Over the years, we’ve successfully helped many clients file late claims by putting together strong, well-supported applications that clearly explain the delay.

In most cases, it takes about 12 to 18 months to finalise a car accident compensation claim, but the exact timeline depends on your situation.

Factors like how serious your injuries are, how much treatment you need, and whether your condition has ‘stabilised’ can all affect the process. When we say ‘stabilised’, it means that your injury isn’t likely to get better or worse with more time or treatment.

It’s important not to accept a settlement until your injuries have stabilised, as settling too soon could mean missing out on the full compensation you’re entitled to. If you’ve already received an offer from the insurer, speak to a No Win No Fee car accident lawyer before making a decision. We’ll assess your case for free and let you know whether the offer is fair — or if you could be entitled to more.

Your car accident compensation could be reduced if your own actions played a part in causing your injuries. This is referred to as ‘contributory negligence’. Some common examples include:

  • Not wearing a seatbelt or allowing passengers to ride unrestrained. 
  • Failing to wear a helmet while cycling or riding a motorcycle.
  • Travelling in an unsafe position, e.g. unsecured in the back of a van.
  • Driving, riding, or being a passenger in a vehicle where the driver was under the influence of drugs or alcohol.
  • Using a phone illegally behind the wheel, such as texting while driving.

Being partly at fault doesn’t automatically disqualify you from claiming, but it may reduce the compensation you receive.

If you think the insurer might raise contributory negligence, it’s important to get advice from an experienced car accident lawyer. We know how to push back against these tactics and will build a strong case backed by solid evidence.

Alongside your car accident claim, our No Win No Fee lawyers will explore any other compensation options you might be entitled to. 

If your crash occurred while you were working or travelling to or from work, you may also be eligible for a workers compensation claim.

We’ll also check whether you can access benefits through your superannuation policy, including income protection payments or a Total and Permanent Disability (TPD) payout.

Workers compensation claims

If you were driving as part of your job or commuting when the accident happened, you could be eligible to make a workers compensation claim. This type of claim provides weekly payments to help with:

  • Lost income: up to 95% of what you earned before the injury.
  • Medical costs: including hospital visits, treatment, and prescriptions.
  • Rehabilitation: such as physiotherapy or psychological support.
  • Travel expenses: covering trips to and from medical appointments.

If your injury has caused a permanent impairment, you might also be entitled to a lump sum payment. And if your employer’s negligence contributed to the crash, you could have a common law damages claim.

Not sure what applies to your situation? Check out our guides to lump sum payments and common law claims — or reach out to our No Win No Fee car accident lawyers for free advice.

Income protection claims

If your car accident has temporarily stopped you from working, you might qualify for income protection payments through your superannuation policy. Depending on the details of your coverage, this could include:

  • Regular monthly payments to replace your lost wages.
  • Up to 75% of your pre-injury income, including super contributions.
  • Financial support for a defined period, potentially up until retirement age.

Not sure what your super policy covers? Our No Win No Fee car accident lawyers can review it for you and explain your entitlements.

Total and Permanent Disability (TPD) claims

If your car accident injury has permanently prevented you from working, you might be eligible to make a Total and Permanent Disability (TPD) claim.

Unlike income protection or workers compensation, TPD provides a one-off lump sum designed to support your long-term financial security. Many superannuation funds include TPD insurance as part of their coverage, so you may already have this protection without knowing it.

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

How a No Win No Fee lawyer can help your claim

You can make a car accident claim on your own, but having an experienced No Win No Fee lawyer gives you a much better chance of getting everything you’re entitled to. Here’s how we make a difference to your claim:

  • Free case check-up: we’ll go over your situation and let you know where you stand, free of charge.
  • Medical support: we can help you access the right doctors and make sure your injuries are properly recorded. If your symptoms don’t match your scans, we’ll help you get a second opinion.
  • Full compensation calculations: we look beyond lost earnings and medical bills to ensure you’re compensated for the full physical, emotional and financial impact of your injury.
  • Tough insurer negotiations: we deal with the insurer so you don’t have to. If they underpay or deny your claim, we’ll fight to get you a better result.
  • Extra payouts: we also check if you qualify for things like income protection or a TPD benefit through your super, so you get the maximum payout possible.

Speak to one of our friendly lawyers

Millions won for our clients

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CLAIMS WON
$650m
COMPENSATION PAYOUTS

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