Car accident lawyers
Car accident compensation claims: Your rights, our fight
Car accidents can have devastating consequences. We understand the physical, emotional, and financial toll these accidents can take, and we’re committed to providing personalised, compassionate support.
All road users have the legal obligation to ensure the safety of other drivers, cyclists, and pedestrians. If you have become injured in a motor accident due to another person’s negligence, then you may have grounds for a motor vehicle accident compensation claim.
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Understanding road accident claims
When you’ve been injured in a motor vehicle accident, understanding your legal rights is essential. While laws vary between Australian states and territories, one principle remains constant: all road users have a legal obligation to ensure the safety of other drivers, cyclists, and pedestrians.
If you’ve been injured in a motor accident due to another person’s negligence, you may have grounds for a motor vehicle accident compensation claim.
You don’t have to be the driver to make a claim. You may be entitled to make a claim if you’ve been injured:
- As a driver or passenger in a vehicle
- While riding a motorcycle
- As a cyclist
- As a pedestrian
- While using public transport
- In a hit-and-run accident
- As a guardian claiming on behalf of a child who has been injured.
The time limits for lodging a claim vary by state:
- NSW: Within 3 months of the accident
- VIC: Within 12 months of the accident
- QLD: Within 9 months of the accident or first symptoms
- All other Australian states: Within 3 years of the accident.
Learn more: How Long After a Car Accident Can You File a Claim in Australia?
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Eligibility for car accident compensation
You may be eligible for compensation if you’ve been injured in a car accident. However, your eligibility and the amount you may receive typically depends on whether you meet specific injury thresholds, which can vary considerably from state to state:
New South Wales
- Must have greater than 10% whole-person impairment for non-economic loss (pain and suffering)
- There is no threshold for economic loss claims
Victoria
- Requires “serious injury” defined as 30% whole-person impairment
- Alternative pathway through narrative test for permanent serious impairment
Queensland
- Injuries are assessed using an Injury Scale Value (ISV) system
- Non-threshold injuries are those with a Permanent Impairment (PI) rating above 10%
Australian Capital Territory
- Must demonstrate “serious injury”
Western Australia
- 15% whole-person impairment threshold to pursue a common law claim
South Australia
- Injuries must be “serious”
- Whole-person assessment required
Tasmania
- Must demonstrate “serious injury”
- Assessment based on narrative test
Northern Territory
- 5% whole-person impairment threshold
- Must be assessed by an approved medical specialist.
In all jurisdictions, injury threshold requirements generally do not apply to claims for economic losses (such as lost wages and medical expenses). These thresholds typically only apply to claims for pain and suffering or general damages.
Learn more: Common car accident injuries in Australia
Your potential compensation entitlements typically include:
- Medical and rehabilitation expenses
- Loss of income and future earning capacity
- Home modification and care costs
- Pain and suffering
- Loss of quality of life.
Even if you’re unsure whether you qualify for a claim or meet the conditions for whole-person impairment in your state, we encourage you to get in touch. With our free initial consultation, you have nothing to lose by exploring your options and understanding your rights.
Factors affecting compensation
Many factors can influence the compensation you may receive:
- The severity and long-term impacts of your injuries
- Medical expenses (past and future)
- Lost income and future earning capacity
- Pain and suffering (if your injuries exceed the 10% whole-person impairment threshold in NSW, or meet the equivalent threshold in other states)
- Need for ongoing care or assistant
- Impact on your quality of life.
At GMP Law, we’re committed to helping you understand your rights and options. We’ll work tirelessly to ensure you receive the maximum compensation you’re entitled to under the law.
Why Choose Gerard Malouf & Partners
No Win No Fee
Fee transparency that you can trust
At GMP Law, we’re committed to ensuring you have nothing to lose.
If we don’t win your case, you won’t pay a cent for our services. This means you can focus on healing without worrying about legal costs.
How it works
No upfront costs
No contingency fee
We’ll only charge you if we win.
We maintain integrity by carefully evaluating each case. If we believe it’s unlikely to result in compensation or if the costs outweigh the benefits, we won’t take it on.
This commitment to our client’s best interests, as well as fee transparency, sets us apart from other law firms.
With a 98% success rate and over $4 billion in settlements, we’re dedicated to delivering exceptional results for our clients.
Frequently asked questions about car accident claims
What should I do immediately after a car crash?
First, ensure your safety and that of others involved. Call emergency services if needed. Then:
- Exchange contact information with other drivers
- Take photos of the accident scene and vehicle damage
- Get contact details of any witnesses
- Seek medical attention, even if you feel fine
- Contact our office for legal advice before speaking with insurance companies.
GMP Law offers free initial consultations to help individuals explore their options. Our experienced lawyers can guide you through the complex process of evaluating your situation and estimating your compensation claim.
How does Compulsory Third Party (CTP) insurance affect payouts?
CTP insurance is mandatory in Australia and covers personal injury liability. It typically covers medical expenses and loss of income for injured parties, regardless of who was at fault. However, CTP doesn’t cover vehicle damage and property losses. However, the extent of CTP coverage can affect the total compensation available. That’s why it’s crucial to have an experienced car accident lawyer assess your case and explore all avenues for compensation.
Can I claim compensation if the at-fault driver is uninsured?
Yes, you can still claim compensation if the at-fault driver is uninsured or unidentified (in hit-and-run cases). In such situations, claims are usually made against the Nominal Defendant, a statutory body set up to handle these cases. However, these claims can be more complex and have stricter time limits, so it’s essential to seek legal advice promptly.
How is fault determined in a car accident case?
Fault is determined by examining various factors, including:
- Police reports
- Witness statements
- Physical evidence from the accident scene
- Traffic camera footage (if available)
- Expert accident reconstruction reports.
Sometimes fault can be shared between parties, which may affect the compensation amount.
Can a passenger make a car accident claim?
Yes, passengers may be entitled to compensation for a motor accident, even if they weren’t driving a car or motorbike. Car insurance schemes cover injuries sustained by both drivers and passengers, ensuring that those harmed in an accident have access to support.
If you were injured as a passenger, it’s important to document your injuries and seek medical attention promptly. You may be able to claim compensation for medical expenses, lost wages, and pain and suffering. Consulting with a car accident lawyer can help you navigate the claims process and ensure you receive the compensation you deserve.
Can I claim for psychological trauma after a car accident?
Yes, psychological injuries such as PTSD or depression resulting from a car accident are compensable. These claims often require expert psychological assessments and can be complex, which is why having legal representation is crucial.
Justice for victims of car accidents
At GMP Law, we’ve successfully represented clients from various walks of life, processing claims for injuries sustained in car accidents.
$250,000 compensation for Penrith man’s car accident injuries
Background
Our client from Western Sydney suffered serious physical and psychological injuries in a motor vehicle accident when another driver collided with him while changing lanes.
The challenge
The CTP insurer of the at-fault driver acknowledged liability but denied requests for treatment during the claims process.
GMP Law’s approach
Filed disputes with the insurer to contest their treatment decisions
Successfully challenged the assessment of the client’s whole-person impairment, resulting in the insurer conceding that his injuries surpassed the 10% threshold
Gathered essential medical evidence to bolster the claim
Engaged in a settlement conference with the insurer to negotiate a fair resolution.
Outcome
Following negotiations with the insurer, we successfully obtained a settlement of $250,000 for our client, which includes legal costs.
$690,000 damages for multi-injury car accident victim
Background
Our client suffered multiple injuries in a car accident caused by a driver who lost control of their vehicle. The client’s mother suffered fatal injuries in the same accident.
The challenge
Our client sustained multiple fractures and injuries to her shoulder, arms, and ribs, requiring hospitalisation and surgery. She was unable to return to her pre-injury employment for over two years.
GMP Law’s approach
Established the threshold for non-economic loss damages
Obtained expert medical evidence, including an Occupational Physician’s report supporting permanent partial incapacity
Compiled comprehensive medical evidence demonstrating ongoing symptoms and disabilities
Participated in a settlement conference between parties.
Outcome
We successfully secured a settlement of $690,000 inclusive of legal costs, providing our client with significant financial support for her injuries, ongoing treatment needs, and loss of work capacity.
Real cases, real results
The compensation claim process: Your journey with GMP Law
Initial consultation
Evidence gathering
Claim submission
Negotiation
Court representation
Ongoing support
Our promise to you
Why trust GMP Law with car accident injury claim?
At GMP Law, we handle your claim so you can concentrate on what matters most: your recovery.
We commit to
Clear, straightforward communication
Regular updates on your case as it progresses
A personal injury lawyer who understands your unique situation
Vigorous negotiation to maximise your compensation
Empathetic support throughout your journey
Specialised knowledge
Our accredited personal injury lawyers have years of experience in accident injury claims, giving us deep insight into the nuances of these claims.
Proven track record
Difficult case policy
Australia-wide assistance
With lawyers across the country, we’re here to help, wherever you are.
Meet the motor vehicle accident claims team
Meet some of the diverse and dynamic compensation lawyers who support our clients with their car accident claims.
We're here to help maximise your compensation
Book your free, confidential consultation with one of our personal injury lawyers using the form below, or simply call us 1800 004 878.
