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: 15 November 2021
Date of Personal Injury Commission Decision: 28 August 2024
Age of Claimant: 51-year-old-woman
Summary of facts: Claimant was the driver of a stationary vehicle at an intersection in Croydon Park when the driver of the insured truck collided with the rear of the claimant’s vehicle. As a result of the collision the claimant suffered injuries to her neck, back, head, and right shoulder. Claimant has been unable to engage in full-time or part-time work since the incident and medical evidence stated she would be unlikely to return to work in the foreseeable future.
Past loss of earnings (incl superannuation): $87,848
Future loss of earnings (incl superannuation): $220,000
Non-economic loss: $150,000
Tax instalment reimbursements: $17,152
Legal costs: $25,000
Total damages assessed: $500,000
Read more
Date of accident: 17 February 2017
Date of Personal Injury Commission Decision: 20 August 2024
Age of Claimant: 56-year-old-man
Summary of facts: Claimant was working with the Rural Fire Service responding to an emergency fire at Carwoola. The claimant was fighting the fire when he became pinned between two fire trucks and was unable to escape. The fire front passed over the claimant and he thought he was going to die, describing the experience as highly traumatic. He suffered physical crash injuries, burns and psychological damage. These injuries include the left hip and leg, soft tissue aggravation of underlying lumbar spondylosis, post-traumatic stress disorder, major depressive disorder, and sexual dysfunction. The claimants marriage and other relationships have suffered significantly due to his mental and physical injuries, along with no longer engaging in previously enjoyed activities, or functioning well professionally in his chosen career.
Past loss of earnings (incl superannuation): $323,069.01
Future loss of earnings (incl superannuation): $280,222.89
Non-economic loss: $370,000
Fox v Wood: $25,727.65
Past treatments: $129,452.13
Future treatment: $89,784.77
Equipment costs: $26,209.05
Past commercial care: $12,310
Future commercial care: $196,271.52
Total damages assessed: $1,575,576.42
Read more
Date of accident: 26 January 2021
Date of Personal Injury Commission Decision: 19 August 2024
Age of Claimant: 20-year-old-woman
Summary of facts: Claimant was passenger of a vehicle that conducted a sudden u-turn and left the roadway and collided heavily with a tree. As a result of the accident the claimant suffered musculoligamentous strain to cervical and lumbar spine, laceration to face, exacerbation of anxiety and post-traumatic stress disorder. The claimant has consistent lumbar pain which impacts her sleep, ability to work in her chosen field as a nurse and her psychological well-being.
Past loss of earnings (incl superannuation): $40,000
Future loss of earnings (incl superannuation): $494,000
Non-economic loss: $200,000
Total damages assessed: $734,000
Read more
Date of accident: 5 December 2020
Date of Personal Injury Commission Decision: 19 August 2024
Age of Claimant: 22-year-old-man
Summary of facts: Claimant was a front seat passenger in a vehicle driving along a dirt track when the insured driver lost control of the vehicle which launched over an embankment, rolling multiple times, landing back on its wheels and colliding with a tree. As a result of the accident the claimant suffered a fractured neck which required multiple surgeries and an extended stay in hospital. Whole person impairment was assessed as 26%.
Past loss of earnings (incl superannuation): $37,000
Future loss of earnings (incl superannuation): $223,000
Non-economic loss: $375,000
Total damages assessed: $635,000
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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Liability limited by a scheme approved under Professional Standards Legislation