In 2012 there were 41,520 car accidents in New South Wales. Of those 336 were fatal and 18,110 resulted in injuries to those involved. See more car accident stats here.

If a driver, passenger or pedestrian was not at fault and suffered an injury, that person is entitled to compensation.

We have lawyers dedicated to working on car accident injury claims. That means they deal in hundreds of claims a year and have dealt with thousands in their time with us. CTP claims is a specialised area of compensation law, separate to workers compensation, occupiers liability, medical negligence and total and permanent disability (TPD) claims, all of which lawyers at PK Simpson are experts in.

In this particular situation our client was struck by a car on her way home from work, as a nurse, one afternoon in Glenfield, NSW.  In the accident our client suffered injuries to her head, face, both shoulders and arms, chest, abdomen, back and both legs. Additional to this our client suffered mental harm in the form of anxiety and depression as well as sexual dysfunction as a result of the accident.

Our client was lucky to seek out our services in time. In NSW a period of 6 months is given in which an injured person must lodge a claim. In some cases exceptions are given in circumstances of death and depression and other things which would justify why a claim had not been lodged. If you find yourself out of time we can still help.

Remember, your best weapon against an insurance company is information. We will provide that and plenty of expertise to make sure you receive your full entitlements. Often, insurance companies will offer you a settlement sum but it would be silly to accept this not knowing your full entitlements under the relevant legislation. In many cases the final settlement can be 10 times what the insurer initially offered! – even after legal fees have been deducted.

Frequently Asked Questions

A: If you’ve had a motor car accident, stop your vehicle and turn on your hazard lights. Make sure nobody is injured, and if so, call emergency 000 and remain at the scene of the accident. If it’s a minor incident you don’t need to call the police, but move the damaged cars if possible. Never admit responsibility even if you think you were at fault. Collect name, address, registration number and insurance details from the other parties and get witness details if possible.

A: Motor accident compensation claims are normally finalised after you’ve recovered, or your injuries have stabilised. It can take some people longer to recover than others – from days to years – which determines the length of time it can take to finalise a claim. Also, your injuries may not always appear immediately after the accident and can take some time to appear, in some cases, years.

A: In a carpark, anyone driving in the lanes has the right of way, so if you’re the one pulling out of the car space and hit another motor vehicle, you are likely to be the majority at fault in the accident. However, since both cars are moving, both drivers might hold some responsibility. But if you hit a parked car, you are likely at fault.

A: When lodging a claim for compensation after a motor vehicle accident it’s best to do it as soon as possible. However, it isn’t always feasible if you were severely injured and couldn’t file a claim straight away. There are time limits, however, so get someone to call a lawyer at PK Simpson for you to lodge a claim at least within six months of the crash.

A: The length of time you have to make your claim depends on the jurisdiction.

For instance:

  • TPD claims – these may be commenced up to 10 years after you’ve stopped work. TPD claims are very technical and you may have more than one TPD claim.
  • Car accident claims – A personal injury claim form should be filled in and sent to your CTP insurer as early as possible, but must be no later than six months from the date of your accident. HOWEVER, out of time claims may be made. New NSW CTP laws have made it difficult for injured people and many law firms still do not understand how to run new claims under these laws – so call us at PK Simpson Sydney as soon as possible.
  • Workers compensation claims – You should contact a lawyer within six months of the accident. But remember, out of time claims can be handled by PK Simpson Sydney. We can help you get the treatment required to build your claim.
  • Slip ‘n’ fall/occupiers liability claims – Your claim must be lodged usually within three years of the date of your accident.

Medical Negligence – within three years of the date of when the cause of action was discoverable to our client OR 12 years from the time of the act or omission which caused the injury through negligence.

A: At PK Simpson compensation lawyers we operate on a no-win, no-fee basis. However, for detailed information on the legal costs that can be charged for statutory benefits CTP Insurance car accident claims in NSW click on this link.