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Can I make a road accident claim?

All registered vehicles must 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:

  • Car drivers or passengers.
  • Pedestrians, cyclists or motorcyclists.
  • Public transport accident victims.
  • Parents of injured children.
  • Witnesses to a death caused by a motor accident.
  • People who lose family members.

This is by no means a complete list — if you were hurt on the road, it’s likely you have a claim.

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How much compensation will I get?

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

No-fault claims

With a no-fault claim, you can receive compensation regardless of who caused the accident. How much you’re entitled to depends on whether you have a threshold (minor) injury or a non-minor injury.

These are usually either:

  • Soft tissue injuries (such as whiplash).
  • Minor psychological injuries (one that is not a recognised psychiatric illness).

A threshold injury allows you to claim for ‘economic losses’ such as:

  • Lost income if you’re unable to work.
  • Hospital, medical and rehabilitation expenses.
  • Professional care or domestic help from friends and family.

Your payments will cease after 12 months unless your insurer approves further treatment.

These include:

  • Significant physical injuries (such as nerve damage, brain injuries, or broken bones).
  • Recognised psychiatric injuries (most commonly, PTSD or depression).

If you’ve suffered a non-minor injury, you’re entitled to claim:

  • Weekly payments for lost income.
  • Hospital and medical expenses.
  • Rehabilitation and home care costs.

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.

Common law damages claims

You may be entitled to make an additional common law damages claim if:

  • The accident was not your fault.
  • You have more than minor injuries.

Depending on the severity of your injuries, you could receive compensation for:

  • Lost earnings.
  • Loss of future earning capacity.
  • Pain and suffering.
  • Reduced life expectancy.

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. 

Act quickly — time limits apply

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 personal injury 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.

How much does it cost to make a claim?

  • No cost to you: Your road accident claim is covered by our No Win No Fee guarantee, meaning you pay nothing unless we win.
  • No upfront fees: Unlike other firms, we cover every expense related to your claim, including medical reports and filing fees.
  • Lower legal fees: In most cases, we recover the majority of our fees from the other party. This means you keep more of your total compensation.
  • 90-day risk-free trial: We offer a 90-day free trial so you can evaluate our work before committing to your claim. If you cancel anytime during this period, there's absolutely nothing to pay.
Find out more about our fees

The claims process

While each case is unique, your claim will likely go through the following steps:

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.

We pay for you to be examined by our doctors. Their reports enable us to estimate your losses, including pain and suffering, loss of wages or earnings, as well as your personal care requirements. If you need an interpreter at any point, we provide one.

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.

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
  • Workers Compensation, Motor Vehicle Accidents, Public Liability, Medical Negligence
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

Frequently asked questions

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:

  • The complexity of your injuries.
  • The treatment you will require.
  • Whether or not your injuries have stabilised.

Have my injuries stabilised?

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.

The value of your road accident claim can be reduced if your behaviour at the time of the accident is found to be negligent. This can include:

  • Not wearing a seatbelt, including if your passengers were not wearing seatbelts.
  • Not wearing a helmet while riding a bike.
  • Riding unsecured in a vehicle, such as in the back of a van.
  • Driving or riding while intoxicated. This can extend to situations where a passenger knowing gets into the vehicle of an intoxicated driver.
  • Unsafe distractions, such as texting while driving.

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:

  • Nervous shock – caused by the emotional impact of the death for you and your family.
  • Compensation to relatives – when family members were financially dependent on the person who died, they may claim for this financial loss.

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:

  1. You have developed a psychological injury as a result of a road accident you were involved in.
  2. You have developed a psychological injury as an emotional response to a road accident you witnessed.
  3. You have developed a psychological injury as an emotional response following the death of a close relative in a road accident.

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.

Compensation in a road accident claim is paid based on degree of responsibility: that is, which party or parties caused the accident, and by how much.

In most cases, both parties will be found to have some degree of responsibility. This means your compensation will be paid by:

  • Your own insurer
  • The other party’s insurer, or their own pocket (if they are not insured)
  • Compulsory Third Party insurance (for medical expenses and loss of earnings only)

If you are determined to be predominantly at-fault, your insurer will pay the compensation. Should you be uninsured, you will be personally liable.

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:

  • Assess your claim and provide meaningful advice regarding its value.
  • Prepare your case to maximise the final compensation payout.
  • Challenge medical and other information provided by the insurer.
  • Advise you on the right strategy to progress your claim, especially when the insurer is not offering you a fair settlement.
  • Find any additional claims you are entitled to. Often, these are worth significantly more than your CTP claim alone.

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.

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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

Why choose Monaco

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:

  • Assess your claim and provide meaningful advice on its value.
  • Challenge the insurer’s medical evidence.
  • Prepare your case to maximise your compensation.
  • Uncover all your additional claims including disability and income support.
Learn more about us

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Millions won for our clients

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We have the experience you can count on

98%
SUCCESS RATE
25
YEARS EXPERIENCE
8,625
CLAIMS WON
$650m
COMPENSATION PAYOUTS

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