Ryan was just 26 when he was knocked off his motorcycle by a car. We helped secure his financial future with both a motor vehicle accident and...
Read moreAll registered vehicles must have have Compulsory Third Party (CTP) insurance. This allows you to claim compensation if you’re injured on the road, no matter who caused your injury.
The following people can generally make a claim after a motor accident:
This is by no means a complete list — if you were hurt on the road, it’s likely you have a claim.
Find out if you’re eligible for motor accident compensation today.
In NSW, the compensation you can claim depends on whether you’re making a ‘no-fault’ claim or a ‘common law damages’ claim. As the name suggests, you can make a no-fault claim regardless of who caused the accident. However, you may also have a common law damages claim if the accident was at least partially someone else’s fault.
While no-fault claims only provide basic reimbursement for your injuries, common law claims can often result in substantial, lump sum payouts.
The amount you’re entitled to depends on whether you have a threshold (minor) injury or a non-minor injury.
These are usually either:
A threshold injury allows you to claim for ‘economic losses’ such as:
Your payments will cease after 12 months unless your insurer approves further treatment.
These include:
If you’ve suffered a non-minor injury, you’re entitled to claim:
Generally speaking, you can only receive weekly payments for up to 24 months. However, if you begin a common law damages claim, you may receive weekly payments for up to 5 years.
You may be entitled to make an additional common law damages claim if:
Depending on the severity of your injuries, you could receive compensation for:
Since non-economic losses do not have a strict dollar value attached, you could receive a substantial lump sum settlement.
To learn more about how much you could receive, head to our detailed road accident compensation guide.
You have 3 months from the accident to lodge a claim form, and 3 years from the date of the accident to commence proceedings in court.
Our specialist lawyers will ensure you meet all requirements for your claim, including time limits.
If you’re already outside the time limit, you still have options — just contact us immediately. Our motor accident lawyers can apply for a time extension on your behalf. Over the years, we’ve successfully resolved many delayed claims.
During your free consultation, you will detail your road accident to a lawyer. This lawyer will be your main point of contact, and likely see your claim through to its successful completion.
We compile all necessary documents and file your claim with the relevant state authority.
To build a strong case, we obtain evidence, including witness statements, clinical records, expert medical reports, and documents from accountants. During this process, you may need to attend a free, medical assessment by our independent doctors.
You and your lawyer will attend a mediation. This is a mandatory, pre-court negotiation with the other party. During this process, your lawyer will handle all discussions to ensure you get the best result.
With our preparation and tough industry reputation, over 95% of our cases resolve at mediation. However, if the insurer is not offering you a fair settlement, we will not hesitate to take your matter to court.
During this process, our work is still covered by our No Win No Fee guarantee. If necessary, we will also brief a barrister to represent you.
On average, road accident claims take between 12–18 months to finalise. The length of your particular case will depend on a number of factors, including:
Your injuries have stabilised when they have reached maximum medical improvement, meaning your condition is unlikely to change. If your injuries have yet to stabilise, you should wait until they have. Accepting an offer prior to your injuries stabilising can often mean accepting less compensation than you deserve.
In Australia, you cannot claim compensation on behalf of a person who has died in a road accident. But that doesn’t mean we can’t help you. You and your family members may still have a claim for:
Yes, you can make a claim for pure psychological injury caused by a road accident. There are three primary instances where you can do this:
If you have developed a psychological injury following a road accident, it’s essential that you see a doctor as soon as possible. It’s important to have medical records linking your psychological injury to the accident. At the same time, we strongly suggest obtaining legal advice. An experienced lawyer will let you know where you stand and what compensation you could be entitled to.
Bear in mind, road accident claims can (and often do) include both psychological and physical elements.
It’s very unlikely. Courts throughout Australia now have a compulsory process that requires parties to meet and negotiate before the case is given a court hearing. As a result, the vast majority of cases settle out of court.
While you can make a claim yourself, only a specialist lawyer will secure your full entitlements.
In our experience, insurers tend to treat unrepresented people unfairly. They may pressure you to take the first offer or accept less compensation than you deserve. Insurers are also known to make unreasonable requests when you don’t have a lawyer, including undergoing extra medical tests or providing more proof. They may even deny your claim on unjust grounds.
An expert lawyer will challenge all insurer requests and ensure you get fair compensation for your injuries. In addition, your lawyer will:
Best of all, our No Win No Fee guarantee means your claim is risk-free. There are no upfront fees, and you pay nothing until we win your case.
It’s always worth speaking to a lawyer before settling a case on your own. Once you have signed the agreement and received your payout, there is no going back—you cannot reopen the case.
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.
If you’re injured on the road, most lawyers can get you basic CTP insurance compensation. But at Monaco, we don’t do basic. Our team use proven legal strategies and expert medical evidence to secure your full compensation, so you can regain control of your life.
Voted ‘Compensation Law Firm of the Year in Australia 2020’, we’re industry leaders with the experience to take on even the biggest insurers. As part of our comprehensive legal service we will always:
Use our online claim checker to instantly find out if you have a claim. Alternatively, just give us a ring — our expert lawyers are always ready to answer your questions.