After Robert's bike was struck by a motor vehicle, we leveraged our expertise to secure a substantial payout that covered his future lost income and pain and...
Read moreTruck drivers are the backbone of Australia, but the sheer number of trucks on our roads means accidents are devastatingly common. If you’re a driver, passenger, pedestrian or cyclist injured in a truck accident, you may be entitled to make a motor accident claim.
Additionally, if the truck accident happened while you were working, you could have a workers compensation or common law claim. For permanent injuries, you may also be entitled to a Total and Permanent Disability benefit through your superannuation policy.
No matter your situation or how your truck accident occurred, we can help. We have over 25 years’ experience getting injured Australians the truck accident compensation they deserve.
Find out if you’re eligible for truck accident compensation today.
In NSW, the compensation you can claim is based on whether you’re filing a ‘no-fault’ CTP claim or a ‘common law damages’ claim.
Your compensation for a no-fault claim depends on whether your injuries are minor or non-minor.
These typically include:
If you’re diagnosed with a threshold injury, you’ll receive weekly payments to cover:
These can include:
If you’re diagnosed with a non-minor injury, you’ll receive weekly payments to cover:
You may be entitled to file an additional common law damages claim if:
Depending on the severity of your injuries, you could receive compensation for:
Because non-economic losses do not have a fixed dollar value, you could receive a substantial lump sum settlement.
To find out more about your entitlements, head to our complete motor accident compensation guide.
If you were driving a truck for work at the time of your accident, you may have a workers compensation claim. Your compensation includes weekly payments to cover:
If your injuries are permanent, you may also receive an extra lump sum payment. You will generally need to meet your state’s minimum level of impairment before filing a claim.
For example, in NSW, you must have over 11% Whole Person Impairment (WPI) to be eligible for a lump sum payment. You can read more about claiming a permanent impairment payment in our guide to lump sum workers compensation.
You may have a workplace common law claim if you meet two criteria:
A successful common law claim can provide substantial lump sum compensation, covering things like future lost wages and medical expenses.
However, pursuing a workplace common law claim will end your eligibility for weekly workers compensation payments. Before proceeding, we highly recommend consulting with an experienced truck accident lawyer. We’ll help you understand your rights and make sure you receive all the benefits you’re entitled to.
You may be entitled to weekly income protection payments if you’re temporarily off work because of the truck accident. Depending on your situation, you could receive:
You could be eligible for a Total and Permanent Disability (TPD) claim if your truck accident injury permanently prevents you from returning to your job.
Unlike income protection or weekly workers compensation payments, a TPD benefit is a substantial lump sum designed to set you up for life. TPD coverage is typically part of your superannuation policy, so you may have this insurance without realising it.
Over the years, we’ve helped hundreds of people make successful truck accident claims. Here are some of the most common truck accidents we’ve encountered:
Importantly, this is not a complete list. If you were injured in a truck accident, it’s likely you’re entitled to compensation.
Every truck accident claim is unique, and the process for making a claim depends on a number of factors, including your state and whether you were at fault for the accident.
If you’re responsible for the accident and live in a state that allows at-fault claims, you need to lodge the claim with your own insurer and wait for their response. Be sure to include all relevant documents, such as doctor’s reports and medical expense receipts.
If the accident was someone else’s fault, the claims process will differ slightly:
Before starting your claim, we recommend consulting with an expert truck accident lawyer. We can help you understand your full entitlements and evaluate your chances of success. During this free consultation, we’ll also determine if you have a common law claim to ensure you receive the maximum possible compensation for your injuries.
To prove your claim, you’ll need to gather expert evidence. Fault-based CTP claims require proof of both your injuries and the other party’s liability. Without this evidence, your claim may not be approved.
Using our national network of medical and liability experts, we’ll build a strong, evidence-based claim. We cover the upfront costs of these experts, so there are no out-of-pocket expenses, and you won’t pay anything unless we win your case.
Once you’ve gathered sufficient evidence, we’ll assist you in lodging your CTP claim against the other party’s insurer. If you’re eligible for a common law damages claim, we’ll also initiate court proceedings at this stage.
The insurer will confirm whether your claim has been accepted. If it is approved, you should begin receiving weekly payments immediately. If your claim is rejected or the insurer offers less compensation than you deserve, we’ll assist you in appealing their decision.
If we’ve filed a common law damages claim on your behalf, you’ll need to attend a mandatory pre-court mediation with the insurer. To keep your claim stress-free and ensure the best possible outcome, your lawyer will handle all negotiations during this process.
Thanks to our expert preparation and extensive experience with truck accident claims, it’s likely your case will settle at mediation. However, if the insurer still refuses to pay the compensation you deserve, we can take your claim to court.
For work-related truck accidents, refer to our easy five-step guide on making a workers compensation claim. It covers everything you need to know, including time limits and evidence requirements.
If your truck accident was due to your employer’s negligence, check out our common law claims page for all the details on filing a claim.
The exact cost of your claim depends on its complexity and how long it takes to resolve. But no matter your circumstances, you’re always protected by our No Win No Fee guarantee.
All workers compensation claims in NSW are government-funded by the Independent Review Office (IRO). That means you’ll pay absolutely nothing for our work on your truck accident workers compensation claim.
Yes, strict time limits apply to all truck accident claims.
In NSW, you have 28 days to report the accident to the police. You’ll then need to lodge an Application for Personal Injury Benefits form within three months. This form must be filed with the Personal Injury Commission.
If you’ve missed your state’s time limit for filing a claim, don’t worry — there are still options. Our specialist truck accident lawyers have extensive knowledge of the time limit exceptions for each state and can apply for an extension on your behalf. Over the years, we’ve successfully resolved numerous delayed truck accident claims.
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.’
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’ve been in a truck accident, obtaining basic CTP compensation might seem straightforward, but it often falls short of covering all your needs. That’s where we come in.
Our lawyers employ proven legal strategies and expert evidence to establish liability, even in the most complex cases. We also find all your additional claims, such as including workers compensation, common law and TPD, ensuring you receive the maximum possible compensation for your injuries.
Named ‘Compensation Law Firm of the Year in Australia 2020,’ we’re industry leaders with the expertise to handle even the largest state insurers.
Contact us today for free advice on your truck accident claim. Find out how much compensation you could receive and whether you qualify for any other claims.
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.