Motor vehicle accidents are scary and stressful, even the minor ones. If you have been injured in an accident, dealing with recovery, insurance and potential legal issues can be overwhelming. It’s easy to fall for myths about compensation, especially if you’ve turned to the internet to research. The real danger with these myths is that they can lead people to make wrong assumptions and miss out on the justice and support they truly deserve. 

We will tackle the most common myths about motor vehicle accident compensation in Australia and shine a light on the truth so that you know exactly what to do if you are injured in a motor vehicle accident in Sydney.

Motor Vehicle Accident Compensation: What That Means in NSW

A legal requirement in NSW, Compulsory Third Party (CTP) insurance, or a Green Slip, can provide compensation. You can claim CPT if the other driver was at fault, and it covers lost income and medical expenses for injured parties. CTP insurance doesn’t cover vehicle or property damage.  

You can’t register your vehicle without a Green Slip, but it’s only the bare minimum of what’s required to drive legally and safely. You still need comprehensive car insurance for vehicle or property damage. Comprehensive car insurance can also cover pain and suffering in addition to vehicle damage, etc.

The State Insurance Regulatory Authority (SIRA) is in charge of the CTP scheme and claims, but the Personal Injury Commission acts as an independent tribunal.

Myth Versus Reality: Breaking Down The Most Common Misconceptions

Myth 1: You can’t claim if you’re fault-free

The Truth: You might be partially at fault for the accident, but that doesn’t mean you can’t make a claim for motor vehicle compensation. However, if you were found negligent in any way, it would only reduce the payout rather than eliminate it entirely. New South Wales has laws that allow for shared fault, and shared fault doesn’t mean you don’t deserve compensation for injuries or damage. Known as contributory negligence, if fault is determined to be 50/50, you’ll receive 50% of the compensation, and if you were only found to be 15% at fault, your compensation will only be reduced by 15%.

The Next Step: Contact motor vehicle lawyers immediately to arrange a free sit-down to discuss your case. 

Myth 2: Insurance companies won’t pay out if your injury is minor.

The Truth: While whiplash and soft tissue injuries might seem minor, they can still require rehabilitation, contribute to pain and emotional stress, and lead to loss of income and medical expenses. An injury is an injury, no matter how minor or severe, and compensation usually will reflect its severity. But when it comes to damages like pain and suffering there are often legal thresholds that determine whether you’re eligible to claim those damages.

The Next Step: If you’re injured in a motor vehicle accident, contact an experienced lawyer for advice. 

Myth 3: If you don’t file fast enough, you’ll lose your rights.

The Truth: There are time limits in New South Wales. However, they aren’t as dramatically short as many people would have you believe. This myth is particularly pernicious because many car accident injuries don’t surface until later, and this myth could prevent someone from seeking the compensation they deserve. For example, there are several different CTP claim time limits. You have 28 days to file an Accident Notification Form, three months from the date of the accident to make an application for Personal Injury Benefits, and three years for a common law damage claim.

The Exception: You can also apply for an exception if you have already missed the timeline.

The Next Step: Follow the timelines and speak to a lawyer as soon as possible.

Myth 4: A lawyer is too expensive.

The Truth: Many law firms like AJB Stevens operate on a no-win, no-fee arrangement. If you don’t receive the compensation you deserve, the lawyer doesn’t bill you. If you do, they receive the percentage you agreed to when you hired them. With a free initial consultation, you can speak to several different motor vehicle accident lawyers in Sydney to find the right fit. Ultimately, the benefits of hiring a lawyer outweigh the potential cost if your claim is successful. A lawyer can maximise your compensation by ensuring you have all the necessary evidence and everything is in order. 

The Next Step: With free consultations, it’s always a smart move to sit down and get expert advice from a lawyer.

Myth 5: It can drag through the court for years. 

The Truth: Many motor vehicle accident claims are settled directly with the insurer, and there is also a mediation process that can be used before it ever ends up in a court of law. The timeline is dependent on the complexities of the case, and while some could spend years in court, that isn’t the case for most settlements. Going to court is the last resort.

The Next Step: The only way to get a better sense of the timelines is to arrange a free consultation with a motor vehicle accident lawyer.

The Importance of Evidence & Documentation 

You should start gathering evidence immediately and reach out to an experienced lawyer for advice as early as possible. The most helpful evidence to support your claim and case includes witness statements, photos, police reports, and medical records. Documentation is an effective way to counter questions or issues down the line, whether someone else is claiming injuries much later or stories change about who was at fault. 

If there is a gap in evidence, you can speak to your lawyer about how it could impact your case. If someone else has a copy of the item you’re missing, you can reach out and make a request. You are not expected to have everything, but if you are as thorough as possible, you should have all the relevant evidence to make your claim successfully. 

Legal Costs 

The role of a lawyer in motor vehicle accident claims is to help you gather the evidence, assess the merits of your claim, negotiate with insurers, assess fault and contributory negligence, and prepare and negotiate for settlement or court. Above all else, your lawyer is going to protect your interests.

Many motor accident lawyers offer a no-win, no-fee arrangement so that the only way you have to pay is if your claim is successful. Combined with a zero-cost consultation, you can secure the legal advice and support you need to claim successfully.

Practical Motor Accident Advice for NSW Residents

  • Ensure everyone’s safety and secure the scene, documenting the damage. 
  • Make notes on traffic signals, road signs, road conditions, weather, etc. 
  • Write out everything you can remember at the first opportunity. 
  • Collect witness statements if there were any witnesses. 
  • Exchange information with the other driver(s). 
  • Report the accident to the police to get a Police Event Number, which is necessary for a claim.
  • Contact your insurance company to report the accident. 
  • Gather your evidence and take it to a lawyer for advice on filing your claim.

Contact AJB Stevens 

Don’t believe everything other people tell you! Myths persist because we’re so quick to accept them, and now that we’ve cleared up some of the most common myths surrounding motor vehicle compensation, it’s time for you to protect your financial and emotional health. The sooner you seek legal advice after an accident, the more likely you are to succeed in your claim. 

Contact AJB Stevens motor accident lawyer Sydney today to schedule your zero-fee consultation. Use our online contact form or call us on (02) 8268 0600. We are waiting to advise you on your motor vehicle accident claim.