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: 21 July 2018
Date of Personal Injury Commission Decision: 25 July 2024
Age of Claimant: N/A
Summary of facts: Claimant had just commenced his shift as an Uber driver when he stopped at a traffic light. The insured’s vehicle struck him in the rear of his vehicle. Following the collision the claimant reported pains in his neck, lower back, and shoulders, with pain radiation from the back to the hips and knees. He suffered injuries to his neck, lumbar spine and shoulders. Following the collision the claimant did not return to work until December 2022.
Past loss of earnings (incl superannuation): $354,503.82
Future loss of earnings (incl superannuation): $100,000
Total economic loss: $454,530.82
Income tax reimbursement: $35,509
Total damages assessed: $490,012.82
Read more
Date of accident: 3 December 2020
Date of Personal Injury Commission Decision: 15 July 2024
Age of Claimant: 87-year-old man
Summary of facts: Claimant was a front seat passenger in a motor vehicle being driven by the insure in the underground Coles carpark at Westmead. When exiting the carpark the insured, rather than making a right hand turn, drove the vehicle in a straight line into a stonewall. As a result, the claimant suffered severe injuries including rib fractures, vertebral body fractures, loose teeth, delirium, and left atrium embolus. As the claimant is retired, he is not eligible for past and future economic loss.
Non-economic loss: $280,000
Read more
Date of accident: 12 December 2016
Date of Personal Injury Commission Decision: 20 June 2024
Age of Claimant: 64-year-old man
Summary of facts: The claimant was driving in St Ives when he stopped at a red light. His vehicle was struck from behind by the insured vehicle which pushed his vehicle into the one in front of him. The claimant initially complained of neck and back pain, with some blood coming from his mouth. As a result of the collision the claimant suffered soft-tissue damage to the cervical and lumbar spine, aggravating pre-existing degenerative issues. As a result of the injuries, the claimant continues to suffer pain and restriction of movement in both the neck and lumbar spine which impacts on his day-to-day activities and his capacity to work.
Past loss of earnings (incl superannuation): $222,124
Future loss of earnings (incl superannuation): $135,000
Past treatment: $12,000
Future treatment: $5000
Total damages assessed: $374,124
Read more
Date of accident: 20 July 2022
Date of Personal Injury Commission Decision: 17 June 2024
Age of Claimant: 67-year-old woman
Summary of facts: The claimant was a passenger in a vehicle that collided with a truck which spun around and sustained numerous collisions with the insure vehicle. As a result of the incident the claimant was diagnosed with post-traumatic stress disorder and a major depressive disorder. The claimant also suffered significant physical injuries. The claimant was in full-time employment prior to the incident and has attempted to return to work on multiple occasions but has been unable to sustain a return to employment due to the injuries suffered.
Past loss of earnings (incl superannuation): $70,000
Future loss of earnings (incl superannuation): $120,000
Total economic loss: $190,000
Non-economic loss: $265,000
Total damages assessed: $455,000
Read more
Date of accident: 22 April 2019
Date of Personal Injury Commission Decision: 5 June 2024
Age of Claimant: 24-year-old woman
Summary of facts: Claimant was driving along the Pacific Highway when the insured’s vehicle crossed onto the incorrect side of the road, causing a head-on collision with the claimant. The claimant’s vehicle was impacted with such force that it was pushed back approximately 16 metres. As a result of the incident the claimant suffered a compound fracture to her right patella, lacerated quadriceps tendons, a significant whiplash injury, and thoracic back strain. As a result of the accident the claimant suffers from chronic, daily migraines, which significantly impacts their ability to work.
Past loss of earnings (incl superannuation): $122,322
Fox v Wood: $104
Future loss of earnings (incl superannuation): $350,000
Total damages assessed: $472,426
Read more
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