Motor Vehicle Compensation

With a success rate of over 99%, you can be sure of our commitment to winning your claim.

Using a specialist law firm with over 90 years combined experience could make the difference between winning and losing your case. At Sanford Legal, our sole purpose is to get you MAXIMUM compensation against insurance companies – it’s what we do best and stand out amongst our competitors.

With our NO WIN NO FEE GUARANTEE*, it’s our guarantee to you that we will provide you with the best legal service without any compromise.

MOTOR VEHICLE ACCIDENTS BEFORE 1 DECEMBER 2017

Who can make a claim
Our experienced lawyers can help you with a wide range of traffic-related injury claims including:

Injury claims by drivers or passengers in a car
Injury claims by drivers or passengers in a truck
Injury claims by drivers or passengers on a bicycle, motorcycle or motorbike
Injury claims by passengers on a bus, taxi or other public transport
Injury claims by riders or passengers of bicycles
Injury claims by pedestrians
Injury claims as a result of a “hit and run”
Injury claims to children
All other injury claims caused by the negligence of another party

Eligibility Test
To see if you are eligible to make a claim for compensation, ask yourself:

Was I involved in a motor vehicle accident that was not my fault?
Was I injured?
Have I suffered loss or damage as a result of my injuries?

If you have answered YES to ALL the questions above, then you may be entitled to compensation.

Benefits Paid
Under the motor accidents legislation, the following benefits are claimable:

Description	Claimable	Limit
Pain and Suffering (upon attaining a threshold)	Yes	Up to $492,000.00 maximum per claim (as at October 2014)
Loss of Income	Yes	Lost income payments are capped at a maximum of $4,512.00 net per week (as at 1 October 2014), and adjusted annually
Medical Expenses	Yes	Unlimited as long as they are considered reasonable and necessary
Domestic Assistance	Yes	$27.96 per hour (as of October 2014)

How long will my claim take?
This will depend on the severity of the injuries suffered in the motor accident. The table below sets out the average claim duration. Despite this, we try and resolve cases quickly and achieve the best outcomes for our clients.

Severity of Injury	Length of Claim
Minor Injuries	6-12 months
Moderate Injuries	9-15 months
Major Injuries	12-24 months*

* This is subject to the injuries stabilising.

Claims Process
At Sanford Legal, we remove the stress associated with dealing with insurance companies so that you can get on with your life. Our expert lawyers have successfully claimed millions of dollars in compensation from a variety of high profile insurance companies. The table below is a simplified flowchart of the usual claims process:

Claims Assessment

We will provide you with a free, no-obligation assessment of your claim. We will also tell you if you are eligible to make a claim for compensation and explain to our NO WIN NO FEE GUARANTEE* agreement as well as the process involved in claiming.

Lodgement of Claim

We will identify the CTP insurer at fault, complete your claim form and serve it on the insurance company. The insurance company will then issue you with a claim number and then will proceed to preparation of your claim.

Preparation of Claim

We will obtain all the medical evidence we need on your behalf and arrange for you to be examined by doctor(s) to prepare your claim. We will also obtain any other information we need that will assist your claim and progress the matter to a settlement conference with the insurance company.

Resolution of Claim

We will attempt to settle your claim with the insurance company. If the matter does not settle, we will progress your matter to assessment at CARS (Claims Assessment Resolution Service).

Compensation Payout

You will receive your lump sum cheque after the matter has been resolved and only after you have been advised of the total amount you will receive and you agree to this. With over 90 years of combined experience, Sanford Legal will get you the maximum compensation you deserve.

MOTOR VEHICLE ACCIDENTS ON OR AFTER 1 DECEMBER 2017

If your accident happened on or after 1 December 2017, this information is for you.

There is now a completely new scheme for CTP damages, and the new scheme introduces a no-fault, workers compensation-style scheme of statutory benefits for most claims.

Damages are reserved for severe injuries. Smaller claims are cut off by time, severity and liability thresholds.

Overview

For people injured from 1 December 2017, weekly income support payments are available for the first time. Medical expenses and care costs are also available while you recover.

Personal injury benefits can be weekly payments and/or medical expenses. These types of benefits can also be referred to as ‘Statutory Benefits’.

Weekly payments

Weekly income payments are new. They were not part of the old scheme.

Weekly payments compensate you for income you have lost because of your injury.

Your weekly payments will be a percentage of your pre-accident income:

for the first 13 weeks the percentage may be up to 95 percent

between 14 and 26 weeks the percentage may be up to 80 percent.

After 26 weeks your weekly payments will end if:

you were at fault or

your injuries are assessed as ‘minor’.

If you are still receiving payments after 26 weeks they may be 80 percent of your pre-accident income.

To continue to receive income payments after two years, you must have ongoing work incapacity and have lodged a “claim for damages”.

Make your claim as soon as possible

You must lodge your claim within 28 days from the date of the accident so you can get back pay for loss of income from the date of the accident. If you lodge your claim after 28 days, you will not receive back pay for loss of income from the date of accident.

If you do not want to claim back pay from the date of the accident, you must still lodge a claim within three months of the accident to claim any benefits, including medical expenses.

Medical expenses

Insurers can approve some preliminary medical expenses before you make a formal application for personal injury benefits. These are a GP visit and two treatment sessions such as physiotherapy.

The insurer will pay for reasonable and necessary expenses related to the injury. This includes:

medical and pharmaceutical expenses

rehabilitation and treatment expenses (like physiotherapy)

the cost of travelling to and from appointments

in some cases the insurer choosing to pay for injury-related support services (like personal care and help around the home).

Who can apply?

If the injury is a result of a work-related accident you should make a workers compensation claim, not a CTP claim. We can assist you with making such a claim.

Anyone injured in a motor vehicle accident covered by the NSW CTP scheme can apply. This includes:

drivers and passengers
riders and pillion passengers
pedestrians
cyclists

The injury can be physical or psychological.

You can only claim if your injuries happened because of a ‘verified’ accident. ‘Verified’ means that you or someone else has reported the accident to the police within 28 days of the accident.

This is an important way of proving that the accident happened.

How to apply

We can find out for you which insurer you need to claim with.

Family members or a legal representative can apply on the injured person’s behalf. Hospital case workers may also be able to help.

If you don’t have all the details yet, we can still contact the insurer about making a claim. They will record what details we do have and we can complete a claim form with the information you can provide. We can fill in the rest when you’ve obtained the extra details.

To apply we need to

Fill out the form: You need to complete the Application for personal injury benefits formand provide as much detail about the accident as possible (including the police event number, any photos, ambulance reports, vehicle towing details etc), details of your injuries and what medical treatment you’ve already received. To receive weekly income payments, complete the Certificate of Fitness from your GP and include evidence of your pre-accident income (e.g. payslips).
Attach documents: Anything that helps the insurer to assess the claim can be included. This can include proof of your accident (e.g. any photos, police/ambulance reports), proof of your medical expenses (e.g. receipts) and Certificate of Fitness, proof of how much you earn (e.g. payslips/income statements).
Send it to the insurer: You must sign the declaration and authority before you send it to the insurer. Your signature shows that your statement is true and honest. We can do this for you.

What happens next?

The insurer will contact us after we lodge a claim, acknowledging receipt and providing advice on the next steps in the process.

This will include a claim number and the contact details for the insurer.

If you need immediate medical treatment the insurer must explain what you should do next (including how to get reimbursement for the medical expenses so far).

The insurer will investigate your claim including reviewing the police report and other evidence such as medical reports.

The insurer may ask you to see other medical specialists.

The insurer must advise within four weeks of the claim being made if they are accepting or denying the claim (along with a full explanation of their reasons). This must include the consequences of the decision (e.g. effects on your entitlements and when it will take effect), a list and copies of the information used by the insurer in making the decision (if not already given), how the decision can be reviewed, and where to go for further help.

The insurer will start making payments to you within 14 days if the insurer accepts your claim.

You will also need to start a Recovery Plan.

What if I disagree with the insurer?

The first step is to request an internal review by the insurer. This is where another person within the insurer (who was not involved in the original decision or action) is asked to review and make a new decision and provide a response.

If you are not satisfied with the outcome you may make an application for review of that decision by the Dispute Resolution Service (part of SIRA).

Recovery Plans

If your claim is accepted the insurer will work with you to develop a Recovery Plan. A Recovery Plan is designed to return you to full pre-accident activities as soon as possible. You must participate in this plan to receive weekly income payments and medical expenses. It is prepared in consultation with you, your doctor and any relevant treating practitioners.

You will need to give the insurer a Certificate of Fitness, which explains how you are recovering and if you are still eligible for benefits. Your doctor will give you the Certificate of Fitness to give to the insurer. The insurer will ask you for these while you are recovering; how often will depend on your injury.

Lump sum compensation

People more seriously injured in a motor accident can make a claim for lump sum compensation (also called a common law claim for damages).

In the new CTP scheme, only people who are not at fault can apply for lump sum compensation. You must apply within certain time frames.

What is it?

Under NSW Common Law the injured person has the right to claim lump sum compensation for damages from the at-fault driver responsible for the accident that caused their injuries.

The CTP scheme allows for you to lodge the claim through the at-fault driver’s insurer or, where there is no at-fault driver or they cannot be identified, through what’s called the ‘Nominal Defendant’. The Nominal Defendant is an insurer assigned responsibility by SIRA for such cases.

The amount of damages awarded may be reduced if the injured person was partly responsible for their injuries. This is called ‘contributory negligence’. An example is if you were injured and another driver was at fault but you were not wearing a seat belt.

Who can apply?

Lump sum compensation is only for people who:

have more than minor injuries

were not at fault in the accident.

When must I apply?

Claims for damages must be made within three years of the date of the motor accident.

If your injuries are 10% or less “whole person impairment”, you must make your claim between 20 months and three years after the accident.

If your injuries are more than 10% ‘whole person impairment, you can make your claim any time.

What can I claim for?

There are two types of damages that may be awarded as compensation for injury in a motor vehicle accident:

damages for economic loss

damages for non-economic loss.

Future medical costs cannot be claimed in a common law claim for damages. Medical treatment and care are provided under statutory benefits (personal injury benefits) on an ongoing basis, for life if necessary.

1. Economic loss

This is usually past or future loss of earnings or reduced ability to earn due to your injuries. This may include any impact on your superannuation income.

The legislation defines in detail the types of economic loss that can be claimed. We can explain this to you in more detail of and when you meet the criteria.

2. Non-economic loss

This covers pain and suffering and reduced quality of life.

Only a person with a whole person impairment of more than 10% can claim for non-economic loss as well as economic loss.

Common law claims and weekly income payments

The longest you will receive weekly income payments for is two years, unless you make a common law claim for damages

The amount of extra time that weekly income payments continue for depends on the degree of injury which is either measured by a ‘whole person impairment’ (WPI) assessment or the insurer being satisfied that you are more than 10% whole person impaired.

A person with 10% or less whole person impairment:

Can only make a common law claim for damages 20 months after the date of accident. If they still require ongoing support for loss of earnings, they can make a common law claim for past and future economic loss.
Their weekly income benefits can continue for up to three years in total (from the date of injury) allowing time for their common law claim to settle.
Once the common law claim is finalised there are no further weekly income payments.

A person with more than 10% whole person impairment:

Can make a common law claim for damages at any time which may include compensation for past and future economic loss and non-economic loss (e.g. pain and suffering).
Their weekly income benefits can continue for up to five years in total (from the date of injury) if they lodge a common law claim for damages.
Once the common law claim is finalised there are no further weekly income payments but the person may continue to receive reasonable medical and treatment benefits and commercial attendant care on an ongoing basis, for life if required.

How to apply

Fill out the form: Complete the application for damages under common law formand submit it to the insurer. If you haven’t done so already, you will also need to complete a personal injury benefits claim form. We can assist you to help you with your application for common law damages. The fees that we can charge for this service are capped.

Attach documents:You must provide necessary information in the forms so that the insurer can assess your claim. If you have not already provided this information, this can include proof of your accident (e.g. any photos, police/ambulance reports), proof of your medical expenses (e.g. receipts) and Certificate of Fitness, and proof of earnings (e.g. payslips/income statements).

Send it to the insurer:You must sign the declaration and authority before you send it to the insurer. Your signature shows that your statement is true and honest. We can do this for you.

What happens next?

The insurer will contact you after you have lodged a claim, acknowledging receipt and providing advice on the next steps in the process.

This will include a claim number and the contact details for the insurer.

The insurer will investigate your claim including reviewing the police report and other evidence such as medical reports you have given. You may be asked to see other medical specialists for further assessment or provide additional information. If you don’t provide the information required by law your claim may be rejected or delayed.

The insurer must tell you if they’re accepting or denying the claim (along with a full explanation of their reasons). This must include the consequences of the decision (e.g. effects on your entitlements and when they will take effect), a list and copies of the information used by the insurer in making the decisions (if not already given), how the decision can be reviewed, and where to go for further help.

What if I disagree with the insurer?

Your first step is to request an internal review by the insurer. This is where another person within the insurer (who was not involved in the original decision or action) is asked to review and a new decision and provide a response.

If you are not satisfied with the outcome you may make an application for review of that decision by the Dispute Resolution Service (part of SIRA).

Why choose Sanford Legal?

The new CTP scheme is different to the previous scheme and is complex. It is only new, and many of its effects are yet to be realized.

Using a specialist law firm with over 90 years combined experience could make the difference between winning and losing your case.

At Sanford Legal, our sole purpose is to get you MAXIMUM compensation against the insurance company – it’s what we do best.

With our NO WIN NO FEE GUARANTEE*, it’s our guarantee to you that we will provide you with the best legal service without any compromise.

Contact Sanford Legal today for a free case assessment.

We act on a NO WIN NO FEE GUARANTEE in motor vehicle compensation claims*