A Motor Vehicle Accident (MVA) can have a devastating effect on your life and the lives of your loved ones.
Motorists in NSW involved in an accident have statutory rights for the first 52 weeks post incident regardless of who was at fault. These rights include:
1. Wage compensation
2. Treatment expenses
3. Domestic assistance
Your ongoing rights and entitlements are determined by the severity of your injuries which are classed as either "minor" or "non minor" injuries. As of 1 April 2023, the term "minor injury" is being referred to as "threshold injury".
Your rights end at 52 weeks post incident if your injuries are deemed not to be a threshold injury.
If your injuries are deemed to be a threshold injury, your rights continue beyond 52 weeks post incident. It also opens up the door to Common Law Damages which includes lump sum compensation for pain and suffering, and compensation for past and future wage loss, past and future superannuation loss, tax paid on your wage compensation, and costs.
The Motor Vehicle Accident scheme is by no means easy to navigate. The insurers with their virtually unlimited resources will do whatever they can to avoid paying you what you are entitled to. From engaging rehabilitation providers to get you back to work as quick as possible, to denying your treatment requests, the insurer's job is to minimise any payment made to you. Getting you back to work is their top priority even at the detriment of your health.
We know how insurers operate and what needs to be done to make sure you receive your full entitlements.
Please reach us at info@mdlg.com.au if you cannot find an answer to your question.
It is very important that you notify Police as soon as possible after the accident occurs. They will need to provide you with an Event Number which usually starts with an "E".
The Event Number needs to be put on the Application for Personal Injury Benefits.
You can make a request to the Police to have the event recorded and an Event Number provided by phone on 131 444. They may ask you to attend your local Police Station.
You will need to lodge the Application for Personal Injury Benefits (APIB) and the Certificate of Capacity with the at fault insurer within 28 days in order to receive benefits from the date of the accident.
If you lodge your forms after 28 days, you will only receive benefits from day 28 onwards.
At the latest you should lodge your application within 3 months of the date of the accident or you will need to explain to the insurer why you have submitted the forms late. It is at the insurer discretion to accept the explanation or not.
You can visit Service NSW website and do a registration check if you have the at fault drivers registration plate number.
Service NSW will identify the relevant CTP insurer in thar search.
If you cannot locate that website or are still having difficulty, call us as soon as possible for assistance. We are happy to guide you through it.
Statutory benefits include:
These are available to all injured motorists in the first 52 weeks post incident regardless of fault.
This is unfortunately common within the scheme even if your treating GP or treating specialist have made the request for you. The appropriate course depends on what is being disputed by the insurer.
Contact MD Law Group today so we can advise you.
The current scheme makes allowance for at fault drivers. You will be entitled to statutory benefits for the first 52 weeks (12 months) post accident. You will not be entitled to any benefits post 52 weeks.
The current scheme requires injured motorists to meet a threshold in order to claim benefits beyond 52 weeks post accident and make a claim for lump sum damages.
At the 52 week mark (12 months), the insurer will determine whether your injuries are minor or non minor in nature. As of 1 April 2023, the term "minor injury" is being referred to as a "threshold injury".
Minor injuries - If you are deemed to have minor injuries, your rights and entitlements ceases at 52 weeks post incident.
Non-minor injuries - If your injuries are deemed non minor in nature, your rights and entitlements continue beyond 52 weeks and it opens up the door to make a claim for lump sum compensation under Common Law which includes Pain and Suffering compensation and Economic Loss compensation.
Pain and Suffering compensation is only available to those injured motorists who have suffered injured resulting in a permanent impairment of greater than 10%.
Economic Loss compensation includes:
MD Law Group can give you a free case assessment from the outset of the claim so you have a better idea of what you may be entitled to.
Motor Vehicle Accidents are initially lodged with the Personal Injury Commission (PIC). The PIC is an independent statutory tribunal within the NSW justice system. The aim of the PIC is to resolve disputes as quickly and cheaply as possible so you avoid lengthy Court delays and costs.
Your matter will be allocated a "Member" who will hold conferences with your Lawyer and the insurer or their representative to ensure the matter is progressing to finalisation in a timely fashion.
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