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Home » Our Services » Motor VehicleAccidents and Claims


Motor Vehicle
Accidents and Claims

Injured by or in a motor vehicle?
Let our experts get you the compensation you deserve.

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Injured in a motor
vehicle accident?
We can help.


Injured after 1st December 2017?

Substantial changes have been brought into law in New South Wales on and from 1st December 2017, that affects compensation claims.

Learn More

Before 30th November 2017?

You can still get your personal injury claims in. Old laws apply to people injured before the new CTP Scheme kicked in on 1st December 2017, so don’t miss out on compensation.

Learn More

Winning Difficult Cases & Providing Valuable Advice Since 1905


What types of Accidents fall under this category?

  • Blameless Motor Vehicle Accidents
  • Bus Accidents
  • Car Accidents (Driver or Passenger)
  • Children Injured in Motor Vehicle Accidents
  • Bicycle / Cycle / Pushbike Accidents
  • Death Claims Resulting From Motor Accidents
  • Hit and Run Accidents
  • Motorcycle Accidents (Driver or Pillion Passenger)
  • Pedestrian Accidents
  • Truck Accidents
  • Uninsured Liability Scheme Accidents (Vehicle at Fault Not Insured)

  • Changes to Motor Vehicle Accident Compensation on or after 1 December 2017
  • Key points of new system
  • Weekly payments of Statutory Benefits explained
  • Statutory Benefits for treatment and care
  • Modifications to common law benefits
  • Taylor & Scott suggests the following action be taken immediately following a motor vehicle accident on and after 1st December 2017

Changes to Motor Vehicle Accident Compensation on or after 1 December 2017

Substantial changes have been brought into law in New South Wales on and from 1st December 2017.

The Motor Accident Injuries Act 2017 has introduced a new compulsory third party greenslip scheme.

This new scheme is not retrospective. It applies to all motor vehicle accidents on and from 1st December 2017.

Benefits that are applicable under this new motor accidents scheme can be found in the Motor Accident Injuries Regulation 2017 and the Motor Accident Injuries Amendment Regulation 2017.

Key points of new system

  • No fault statutory benefits are available to anyone injured in a motor vehicle accident.
  • Benefits are available for loss of earnings, payment of treatment and care expenses, payment of funeral expenses.
  • Statutory benefits will cease after six months if the injured person has sustained minor injuries or was at fault.
  • Statutory benefits will generally be available for loss of earnings for up to two years where the injured person was not at fault and the injuries were not minor.
  • A minor injury is defined as either a soft tissue injury or a minor psychological or psychiatric injury.
  • No damages will be recoverable for minor injuries. In other cases, common law damages will be available for specified categories of economic loss including past and future loss of earnings and non-economic loss (that is, pain and suffering) provided the injured person has at least 10% whole person impairment.
  • A claim for damages must be made within three years after the accident but it cannot be made before twenty months from the date of the motor vehicle accident unless it relates to a death or at least 10% whole person impairment.
  • A claim for statutory benefits will be required to be made within three months after the motor vehicle accident.

Weekly payments of Statutory Benefits explained

  • The first entitlement period is up to 13 weeks from the day of the motor vehicle accident. The injured person can claim up to 95% of the person’s pre-accident weekly earnings.
  • The second entitlement period is for weeks 14 to 78 after the motor vehicle accident. The injured person can claim up to 80% of the pre-accident weekly earnings when totally incapacitated and a difference between 85% of the pre-accident weekly earnings and the person’s post-accident earning capacity whilst partially incapacitated.
  • The third entitlement period is after week 78. The injured person can claim up to 80% of the pre-accident weekly earnings when totally incapacitated and a difference between 85% of the pre-accident weekly earnings and the person’s post-accident earning capacity whilst partially incapacitated.
  • Please note that weekly payments to injured persons most at fault or with minor injuries ceases after 26 weeks from the date of the accident.
  • Weekly payments of statutory benefits will cease after the maximum weekly payment period is reached as follows:
  • 104 weeks unless the person’s injury is the subject of a pending claim for damages (whether or not the insurer has accepted liability).
    156 weeks if the person’s injury is the subject of such a pending claim and the degree of any permanent impairment of the injured person is not greater than 10%.
    260 weeks if the person’s injury is the subject of such a pending claim and the degree of whole person impairment is greater than 10%.
    The maximum weekly payment period ends if any such pending claim for damages is withdrawn, settled or finally determined after the period of 104 weeks after the motor vehicle accident.

Statutory Benefits for treatment and care

An injured person is entitled to statutory benefits for the reasonable cost of treatment and care, reasonable and necessary travel and accommodation expenses associated with their treatment and care.

No statutory benefits are available under the new scheme for gratuitous attendant care services provided to the injured person.

No statutory benefits for loss of capacity to provide gratuitous domestic services.

Cessation of statutory benefits after 26 weeks to injured adult persons who are at fault or injured persons with minor injuries.

Modifications to common law benefits

Under the Act, a common law damages claim will now only be available for specified categories of economic and non-economic losses and only for those sustaining something other than a “minor injury”.

The definition of economic loss clearly excludes medical treatment and care expenses. This means that such expenses can no longer form part of a damages claim.

Gratuitous care is no longer even claimable as part of the statutory benefit claim (s.3.25). There are also very significant restrictions placed on statutory benefit claims for paid domestic services required for a claimant’s dependants.

Non-economic loss is only available if the claimant is assessed above 10% whole person impairment.

Non-economic loss damages are, as is currently the case, capped at $521,000. Past and future loss of earnings/earning capacity is capped at 2.5 x average weekly earnings which is currently $3,853 net per week.

Taylor & Scott suggests the following action be taken immediately following a motor vehicle accident on and after 1st December 2017

  1. Report the accident to the Police within 28 days.
  2. Consult a doctor and obtain a medical certificate.
  3. Contact the greenslip insurer of the vehicle at fault. Provide all details of the accident to that greenslip insurer who will be able to take your claim over the phone.
  4. If your injuries are minor or the accident was your fault, you may be able to receive statutory benefits including loss of wages and medical expenses for up to six months.
  5. If your injuries are not minor and the accident was not your fault, you may be able to receive statutory benefits for up to 2 years.
  6. If your injuries are not minor and not your fault, you should contact Taylor & Scott by phoning 1800 600 664 or by completing the Enquiry Form on this page or by emailing our specialist motor accident compensation team at info@tayscott.com.au
    immediately to discuss your rights and to ensure that you understand your entitlements to weekly payments, medical treatment expenses and the possibility of receiving damages for your pain and suffering.

If we act for you it will be on a no-win/no-pay basis, meaning you don’t pay Taylor & Scott any costs unless and until you win your case.

  • Changes to Motor Vehicle Accident Compensation on or after 1 December 2017

    Substantial changes have been brought into law in New South Wales on and from 1st December 2017.

    The Motor Accident Injuries Act 2017 has introduced a new compulsory third party greenslip scheme.

    This new scheme is not retrospective. It applies to all motor vehicle accidents on and from 1st December 2017.

    Benefits that are applicable under this new motor accidents scheme can be found in the Motor Accident Injuries Regulation 2017 and the Motor Accident Injuries Amendment Regulation 2017.

  • Key points of new system
    • No fault statutory benefits are available to anyone injured in a motor vehicle accident.
    • Benefits are available for loss of earnings, payment of treatment and care expenses, payment of funeral expenses.
    • Statutory benefits will cease after six months if the injured person has sustained minor injuries or was at fault.
    • Statutory benefits will generally be available for loss of earnings for up to two years where the injured person was not at fault and the injuries were not minor.
    • A minor injury is defined as either a soft tissue injury or a minor psychological or psychiatric injury.
    • No damages will be recoverable for minor injuries. In other cases, common law damages will be available for specified categories of economic loss including past and future loss of earnings and non-economic loss (that is, pain and suffering) provided the injured person has at least 10% whole person impairment.
    • A claim for damages must be made within three years after the accident but it cannot be made before twenty months from the date of the motor vehicle accident unless it relates to a death or at least 10% whole person impairment.
    • A claim for statutory benefits will be required to be made within three months after the motor vehicle accident.
  • Weekly payments of Statutory Benefits explained
    • The first entitlement period is up to 13 weeks from the day of the motor vehicle accident. The injured person can claim up to 95% of the person’s pre-accident weekly earnings.
    • The second entitlement period is for weeks 14 to 78 after the motor vehicle accident. The injured person can claim up to 80% of the pre-accident weekly earnings when totally incapacitated and a difference between 85% of the pre-accident weekly earnings and the person’s post-accident earning capacity whilst partially incapacitated.
    • The third entitlement period is after week 78. The injured person can claim up to 80% of the pre-accident weekly earnings when totally incapacitated and a difference between 85% of the pre-accident weekly earnings and the person’s post-accident earning capacity whilst partially incapacitated.
    • Please note that weekly payments to injured persons most at fault or with minor injuries ceases after 26 weeks from the date of the accident.
    • Weekly payments of statutory benefits will cease after the maximum weekly payment period is reached as follows:
    • 104 weeks unless the person’s injury is the subject of a pending claim for damages (whether or not the insurer has accepted liability).
      156 weeks if the person’s injury is the subject of such a pending claim and the degree of any permanent impairment of the injured person is not greater than 10%.
      260 weeks if the person’s injury is the subject of such a pending claim and the degree of whole person impairment is greater than 10%.
      The maximum weekly payment period ends if any such pending claim for damages is withdrawn, settled or finally determined after the period of 104 weeks after the motor vehicle accident.
  • Statutory Benefits for treatment and care

    An injured person is entitled to statutory benefits for the reasonable cost of treatment and care, reasonable and necessary travel and accommodation expenses associated with their treatment and care.

    No statutory benefits are available under the new scheme for gratuitous attendant care services provided to the injured person.

    No statutory benefits for loss of capacity to provide gratuitous domestic services.

    Cessation of statutory benefits after 26 weeks to injured adult persons who are at fault or injured persons with minor injuries.

  • Modifications to common law benefits

    Under the Act, a common law damages claim will now only be available for specified categories of economic and non-economic losses and only for those sustaining something other than a “minor injury”.

    The definition of economic loss clearly excludes medical treatment and care expenses. This means that such expenses can no longer form part of a damages claim.

    Gratuitous care is no longer even claimable as part of the statutory benefit claim (s.3.25). There are also very significant restrictions placed on statutory benefit claims for paid domestic services required for a claimant’s dependants.

    Non-economic loss is only available if the claimant is assessed above 10% whole person impairment.

    Non-economic loss damages are, as is currently the case, capped at $521,000. Past and future loss of earnings/earning capacity is capped at 2.5 x average weekly earnings which is currently $3,853 net per week.

  • Taylor & Scott suggests the following action be taken immediately following a motor vehicle accident on and after 1st December 2017
    1. Report the accident to the Police within 28 days.
    2. Consult a doctor and obtain a medical certificate.
    3. Contact the greenslip insurer of the vehicle at fault. Provide all details of the accident to that greenslip insurer who will be able to take your claim over the phone.
    4. If your injuries are minor or the accident was your fault, you may be able to receive statutory benefits including loss of wages and medical expenses for up to six months.
    5. If your injuries are not minor and the accident was not your fault, you may be able to receive statutory benefits for up to 2 years.
    6. If your injuries are not minor and not your fault, you should contact Taylor & Scott by phoning 1800 600 664 or by completing the Enquiry Form on this page or by emailing our specialist motor accident compensation team at info@tayscott.com.au
      immediately to discuss your rights and to ensure that you understand your entitlements to weekly payments, medical treatment expenses and the possibility of receiving damages for your pain and suffering.

    If we act for you it will be on a no-win/no-pay basis, meaning you don’t pay Taylor & Scott any costs unless and until you win your case.

VIEW MORE

Frequently Asked Questions



  • What Is The Advantage Of Bringing A Motor Accident Claim?

    Damages for non-economic loss are awarded if your whole person impairment is greater than 10%. If you bring a work injury damages claim, the threshold is much higher, that is, greater than 15% whole person impairment. The difference could be worth thousands of dollars to you.

    If we decide that your work injury arises out of the use of a motor vehicle and is a motor accident, our expert team here at Taylor & Scott will ensure that the Police are notified, a notice of claim form will be completed and served on the relevant insurer within six months and all procedural requirements of the Motor Accident Compensation Act will be complied with.

    If we take your case, it will be conducted on a no-win/no-pay basis, which means that if you don’t win, we don’t get paid. That is our “GUARANTEE” to you.

    So if you are injured at work anywhere here in NSW, our expert team of lawyers, many of whom are accredited specialists in personal injury, will carefully review the facts and circumstances of your claim to see whether it can be categorised as a motor vehicle accident.

    Contact us on 1800 600 664 or complete the Contact Form on this page.

    At Taylor & Scott ” We Care For You.”

  • What If A Family Member was at Fault?

    You can claim compensation.

    At Taylor & Scott, We Care For You.

  • What if I was not wearing a seatbelt?

    You can still claim, although you will have your compensation reduced for contributory negligence i.e. the courts have held that not wearing a seat belt probably causes more serious injury.

  • Psychological Injury

    This can occur where a close family member is killed. Even if you weren’t involved in the accident, if you suffer a psychological injury following such a tragic event, you may have a “Nervous Shock Claim”.

    At Taylor & Scott, We Care For You.

  • What Happens If I Want To Claim After 6 Months?

    Talk to Taylor & Scott – if we can explain the delay you may be allowed to proceed even if out of time.

    At Taylor & Scott, We Care For You.

  • What Is Contributory Negligence And What Effect Will It Have On The Damages I Am Entitled To In My Motor Accident Claim?

    Put simply, a finding of contributory negligence against an injured person means that you share responsibility for your accident i.e. that you and your actions contributed to your accident.

    Some Examples

    • You were a passenger in a motor vehicle and did not wear your seat belt. In the accident you were ejected from the vehicle.
    • You willingly allow an intoxicated driver to drive you and an accident occurs and you are injured.
    • You allow an unlicensed driver to drive you and you are injured in an accident.
    • You ride your skateboard behind a car which is towing you and you are injured.

    These are but a few examples of where a finding of contributory negligence on your part may be found.

    At Taylor & Scott ” We Care For You.”

  • If Contributory Negligence Is Found, What Effect Will It Have On The Damages That I Am Entitled To?

    Generally, the court will assess contributory negligence as a percentage. If say 10% contributory negligence is found, then your award of damages (i.e. monetary compensation that you receive) will be reduced by that 10%.

    So in a circumstance where there was found 100% contributory negligence, you would not be awarded any compensation and you would lose your case.

    Here at Taylor & Scott, our expert lawyers will carefully go through all the events leading up to your accident. This way we can advise you if there is a risk that contributory negligence will be found. Our lawyers will retain experts to give an opinion on the impact of your contributory negligence. This will assist the court in assessing what contributory negligence should, if any, be found.

    In our experience here at Taylor & Scott, quite often the motor accident insurance company will allege a high percentage of contributory negligence. Our expert lawyers will do everything they can to ensure that this percentage is reduced to the lowest possible figure.

    So if you have been injured in a motor vehicle accident anywhere here in NSW and you feel that you may be partly to blame, come and talk to the experts here at Taylor & Scott. We will provide you with a free case assessment at which we will carefully review your claim and provide you with advice as to what, if any, impact contributory negligence may have on your case. If we take on your case, it will be done on a no-win/no-pay basis, so if you don’t win, we don’t get paid. This is our “Guarantee” to you.

    Contact us on 1800 600 664 or complete the Contact form on this page.

    At Taylor & Scott ” We Care For You.”

  • If I Am Injured In A Motor Vehicle Accident What Can I Claim?

    Under the current Law in NSW, depending on the injuries you have suffered you may be able to claim compensation under the following categories:

    • Non-Economic Loss – this is awarded to an injured person whose permanent impairment is greater than 10%. Our Lawyers will advise you if the injuries you have suffered will reach this threshold.
    • Economic Loss – you may be able to recover your loss of wages or income past, present and future.
    • Medical/Treatment – the insurer must pay for all reasonable/necessary treatment where liability has been admitted including medical, rehabilitation, respite and attendant care.
  • Can I Receive Compensation?

    To receive monetary compensation, you must establish that another party (other than you) was at fault.

    At Taylor & Scott, We Care For You.

  • Unidentified Driver At Fault?

    If the driver/vehicle cannot be identified, it is still possible to claim. Contact Taylor & Scott immediately so that “due search and enquiry” can be commenced.

    At Taylor & Scott, We Care For You.



VIEW MORE





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Andrew Woo

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Phone: (02) 9265 2500
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Ivan Simic

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Kimberley Becker

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Fax: (02) 8737 4555

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Michelle Meigan

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Simon Meigan

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Phone: (02) 9265 2500
Fax: (02) 9265 2555

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