The compensation scheme under the Motor Accidents Injuries Act 2017 (the Scheme) applies to all motor vehicle accidents in NSW occurring after 1 December 2017.

The Scheme provides for payment of treatment expenses, benefits for loss of income, and compensation for pain & suffering for the most seriously injured.

The scheme is intended to ensure the early notification and resolution of claims.

The Scheme covers people injured in motor vehicle accidents including drivers, passengers, pedestrians, cyclists, motorcyclists and pillion passengers. It also covers witnesses at the scene of an accident, as well as dependent family members who observe injuries or death and who suffer loss of support.

What should I do?

  1. Lodge your Application for Personal Injury Benefits within 3 months of the date of accident, but within 28 days if payments are to commence from the date of accident rather than the date of claim.
  2. Make sure the accident is reported to police within 28 days of the accident – and when reporting the accident, get an event number from the police.
  3. Call us if the insurer disputes your claim or you think you may have a common law damages claim – see below under ‘Common Law damages’.

My Application for Personal Injury Benefits

A. If you need treatment or care lodge the Application for Personal Injury Benefits.

B. If you have also lost income, then also lodge a Certificate of Fitness completed by your doctor.

What am I entitled to? … Statutory benefits

I. Reasonable and necessary treatment and care expenses relating to my injury.

II. Weekly benefits if I suffer a loss of earnings, or earning capacity, as a result of the injury.

What is the amount of the weekly benefit?

Weeks 0 – 13 after the accident

Up to 95% of your pre-accident earnings, capped at about $3,853 per week (as at May 2021).

Weeks 14 – 78 after the accident

Up to 85% of your pre-accident earnings, capped as above.

Weeks 79 – 260 after the accident

If your injury is not a ‘minor injury’, payments may continue for up to five years.

Common law damages claims

Most damages claims will be restricted to compensation for:

i. Past and future loss of earnings; and/or

ii. Pain and suffering.

Time limit within which you have to make a common law damages claim

Most common law damages claims will not be ready to be made until about 20 months after the accident, but must be made within 3 years of the accident.

When should you contact a lawyer?

If the insurer disputes you claim, or makes you an offer of settlement, or recommends you get legal advice, or your claim hasn’t been finalised and it’s between 18 months and 3 years since your accident, then don’t hesitate to contact our team for some preliminary advice about your claim and what you can do, if anything.


Recent cases

Date of accident: 19 May 2021
Date of Personal Injury Commission Decision: 22 February 2024
Age of Claimant: 58-year-old woman
Summary of facts: Claimant was t-boned at the intersection of Kiama and Box Road at Sylvania by the insured, causing their vehicle to spin and flip onto its side. The fire brigade were required to pull claimant from their vehicle. As a result of the accident the claimant suffered injuries to the neck, lower back, right elbow and suffered psychological damage and has a fear of driving, which account for 5% whole person impairment. The claimant is not entitled to non-economic loss as they did not reach the 10% threshold.  
Past loss of earnings (incl superannuation): $28,000
Future loss of earnings (incl superannuation): $172,139.38
Total damages assessed: $200,139.38
Read more

Date of accident: 21 July 2018
Date of Personal Injury Commission Decision: 21 February 2024
Age of Claimant: 37-year-old woman
Summary of facts: Claimant was seated in the front passenger seat in a head on collision in which the driver of the vehicle, her then partner, was fatally injured. The claimant suffered multiple fractures to her left foot, multiple bruises and abrasions, a collapsed lung and a mild traumatic brain injury. The proposed and approved settlement for this matter was for non-economic loss despite the severity of the claimant’s injuries in the crash. This is due to the claimant not having been active in the workforce since a brief 6-month stint in employment following their departure from high school. The claimant has always suffered from a significant learning disability and due to a multitude of personal issues, highly traumatic experiences, a pre-existing disability and mental health issues, felt they could not return to the workforce and had not been seeking employment. As such, past and future earnings could not be accounted for in this settlement. The settlement for non-economic loss was awarded on the basis of the motor vehicle accident and its aftermath having a significant impact on the claimant’s ability to enjoy social, domestic and recreational activities.
Non-economic loss: $400,000
Total: $400,000
Read more

Date of accident: 5 December 2019
Date of Personal Injury Commission Decision: 14 February 2024
Age of Claimant: 51-year-old man
Summary of facts: Claimant was riding his motorcycle towards the intersection of Sydney Street and Simpson Street in Tumut, the insured driver failed to stop and give way to the claimant at the intersection. To avoid a collision the claimant laid their motorcycle down on the road, sustaining injuries when they did. The claimant suffered right elbow injury with scarring, cervical spine and soft tissue damage, left should soft tissue damage and post-traumatic stress disorder. The claimant was assessed as having suffered whole person impairment of 12% as a result of the psychological injuries. The claimant states that he has completely withdrawn from social activities and spends the majority of his time in his unit. The claimant was a pensioner receiving disability support pension benefits from Centrelink at the time of the accident.
Non-economic loss: $210,000
Total: $210,000
Read more

Date of accident: 12 April 2018
Date of Personal Injury Commission Decision: 30 January 2024
Age of Claimant: Unknown
Summary of facts: The claimant was with two work colleagues when they hailed a taxi to collect them. Before the claimant could enter the vehicle properly, the taxi sped off, dragging him for around 30-80 metres before stopping. As a result of the incident the claimant suffered whiplash, a concussion, lumber and thoracic spinal injuries, groin, and wrist injuries. The claimant has undergone several procedures since the accident and has suffered from a chronic adjustment disorder with features of depressive mood.
Past loss of earnings (incl superannuation): $223,000
Future loss of earnings (incl superannuation): $70,000
Total damages assessed: $293,000
Read more

Date of accident: 3 November 2018
Date of Personal Injury Commission Decision: 9 November 2023
Age of Claimant: 38-year-old man
Summary of facts: Claimant was riding his motorcycle in the curb side lane of Rocky Point Road at Sans Souci. Motor vehicle of insured driver made a left hand turn from the centre lane of Rocky Point Road and collided with the claimant’s motorcycle, throwing him from the vehicle and sustaining serious injuries. The claimant suffered injuries to his right knee, right foot, right hand, extensive scarring to right knee, forearm, foot and shoulder, chronic post-traumatic stress disorder and chronic adjustment disorder and whole person impairment of 15%.
Past loss of earnings (incl superannuation): $127,058
Fox v Wood: $6849
Non-economic loss:
$380,000 
Future loss of earnings (incl superannuation): $1,032,240
Total damages assessed: $1,546,147
Read more

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