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?
- 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.
- 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.
- 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: 16 August 2019
Date of Personal Injury Commission Decision: 1 May 2024
Age of Claimant: 59-year-old man
Summary of facts: Claimant was working as an estimator for a mechanics and while speaking to a customer, was struck by the reversing vehicle owned by the claimant but driven by another employee of the mechanics. The employee reversed the vehicle out of the workshop, past where the claimant and customer stood. The claimant did not move but was struck by the vehicle. It was found that due to the claimant’s lack of care and awareness of his surroundings, and knowledge that the vehicle would be backed out in his direction, the claimant had contributory negligence amounting to 25%. As a result of the accident the claimant suffered shock, head lacerations, injury to cervical spine, left shoulder, left wrist, lumbar spine, left hip, left ankle, right foot and psychological injuries.
Past loss of earnings (incl superannuation): $378,344
Fox v Wood: $127,592
Future loss of earnings (incl superannuation): $150,000
Total economic loss: $655,936
Contributory negligence: -$51,129.54 (25%)
Total damages assessed: $491,952
Read more
Date of accident: 14 June 2016
Date of Personal Injury Commission Decision: 16 April 2024
Age of Claimant: 56-year-old woman
Summary of facts: The claimant was driving home when there was sudden impact from behind, she heard a huge bang and the steering wheel jerked violently. The claimant’s right shoulder was thrown into the driver’s side door. A large truck had caused the collision which made her vehicle spin into the breakdown lane. As a result of the accident the claimant suffered from severe episodes of depression with suicidal ideation, chronic PTSD, and recurrent panic attacks. She was assessed as suffering Whole Person Impairment of 16%. The claimant’s medical assessor found that she suffered injuries and aggravations to her lumbar and cervical spine, and right shoulder equating to 33% WPI.
Past loss of earnings (incl superannuation): $184,633.50
Fox v Wood: $16,918.40
Future loss of earnings (incl superannuation): $263,258
Non-economic loss: $300,000
Future domestic paid care: $7500
Past and future treatment expenses: $381,229.80
Total damages assessed: $1,153.539.70
Read more
Date of accident: 31 July 2022
Date of Personal Injury Commission Decision: 22 March 2024
Age of Claimant: 30-year-old woman
Summary of facts: Claimant was passenger in a vehicle that lost control and veered off the road onto a grass median strip. The claimant suffered a superior endplate compression of T12 with loss of interior vertebral body height of 25%. The claimant was not working at the time of the accident, but five months after the incident commenced work as a stable hand. She was forced to resign from this position the following November, finding it to difficult on her back to undertake adequately..
Future loss of earnings: $125,000
Non-economic loss: $220,000
Total economic loss: $345,000
Read more
Date of accident: 1 August 2020
Date of Personal Injury Commission Decision: 14 March 2024
Age of Claimant: 21-year-old woman
Summary of facts: Claimant was driving her landcruiser on a dirt road in Bungonia. When rounding a corner, she came up an oncoming vehicle which had veered onto the wrong side of the road. Her vehicle left the road and collided with a tree. As a result the claimant complained of neck pain and x-rays and CT scans showed a fracture/dislocation of the C6/7 vertebrae in the cervical spine which required surgical intervention. The claimant was assessed has having suffered 25% whole person impairment. There is potential for the claimant to suffer for arthritic changes to her vertebrae as she ages. Due to the likelihood of complications arising from the injury the claimant was awarded higher damages for non-economic loss.
Past loss of earnings (incl superannuation): $15,000
Future loss of earnings (incl superannuation): $250,000
Non-economic loss: $350,000
Total damages assessed: $645,000
Read more
Date of accident: 16 July 2019
Date of Personal Injury Commission Decision: 13 March 2024
Age of Claimant: 49-year-old man
Summary of facts: The claimants was driving his vehicle when it was struck by the insured’s vehicle, colliding with the back left of his car causing it to roll onto its roof. The claimant suffered thoracic compression fracture to the T3 vertebrae, thoracic compression T4-T5, right pneumothorax and soft tissue damage to the cervical spine. Whole person impairment was assessed at 24%.
Past loss of earnings: $155,000
Fox v Wood: $2511
Future loss of earnings: $470,000
Non-economic loss: $325,000
Total damages assessed: $950,000
Read more
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Liability limited by a scheme approved under Professional Standards Legislation