Injured by a motor vehicle accident? Understanding your rights

NSW CTP scheme protects vehicle owners from liability if their vehicle causes injury or death to other road users.

The NSW CTP scheme protects and is available to the following road users:

• pedestrians, passengers, cyclists, motorcyclists
• drivers of other vehicles and
• to a limited extent, the driver at fault
• the close relatives of people killed in a crash.

If you have been injured in or by a motor vehicle accident, you may qualify to lodge an application for personal injury benefits, which entitles you to what is identified as ‘statutory benefits’.  You should be aware of the following:

Your obligations

1. Seek medical attention. Your number one priority should be your health. You should therefore consult medical attention as soon as reasonably practical to do so upon being injured as a result of a motor vehicle accident. When you attend upon a treatment provider, ensure you report all your injuries, no matter how minor they may seem at the time. This is crucial as it leaves evidence of all injuries you sustained so as to minimise any trouble in proving the said injuries were caused by the accident. It is often the case that those injured find themselves in a battle with the insurer in proving that the injuries they complain of were in fact caused by the accident. Our team at Penrose Lawyers can help you navigate such issues.
2. Strict time limits apply. Therefore, it is crucial you lodge your application for personal injury benefits on time. The following time limits apply:

•  The accident must be reported to the police within 28 days and you must provide proof by way of an event number from the police.
• You must also lodge your claim form within 28 days from the date of the accident if you wish to claim back pay for loss of earnings from the day after the date of the crash, or within three months from the date of the accident.

3. If you have missed any of the limitation dates, you may still be able to lodge a claim, though this is not as of right and additional requirements will need to be met. Our team at Penrose Lawyers can assist you with such enquiries.

Your statutory rights:

If you are injured in a motor vehicle accident, once you lodge your application for personal injury benefits upon the relevant insurer, you may claim the following entitlements:

1. Reasonable and necessary treatment;
2. Reasonable and necessary care expenses related to the injuries from the accident; and
3. Weekly statutory benefits if, as a result of the injuries, the person suffers a loss of earnings or earning capacity.

Common law rights

In addition to having statutory rights, if you have been injured in a motor vehicle accident, you may also be able to bring a common law claim, which may entitle you to a lump sum compensation payment. Strict requirements and time limits apply in making such claims. Contact our experienced solicitors at Penrose Lawyers for an obligation free discussion about your common law claim.