With an expert team of lawyers specialising in car accident cases, Coastal Compensation can assist with all of your motor vehicle accident claims.
Most car accident injuries in NSW fall under the Green Slip system of Insurance, which is regulated by the Motor Accidents Compensation Act (MACA). In order to obtain compensation under the MACA, you generally need to show that the owner or driver of the motor vehicle was at fault. The Scheme covers anyone injured through the use of a motor vehicle, including drivers of other vehicles, passengers, pedestrians, motorcycle drivers or pillion passengers. In some cases, you may be found guilty of contributory negligence, if you are found or deemed to have contributed to the accident.
Before you can make a claim, you must ensure that the accident has been reported to the Police, within 28 days of its occurrence. If you fail to do this, you won’t be able to make a claim unless you provide a satisfactory reason for the delay in reporting.
There are some special cases where compensation is available even if fault cannot be established.
- In cases where there is a blameless accident (e.g. if a driver suffers from sudden illness or a stroke)
- For children under 16 years of age
- For people who have suffered a catastrophic injury
Although the MACA regime generally operates under a system of fault, you may be able to make a claim under the Workers Compensation Act if you have been injured on the way to or from work, even if the accident was your fault.
Generally, insurers are obliged to pay for:
- Medical and associated expenses
- Wage loss
- Pain & suffering
- Domestic and household assistance
- Legal costs
However, there are thresholds and caps on the required payouts.
Pain and Suffering
Whether or not you are entitled to compensation for your pain and suffering or interference with your enjoyment depends on whether you are assessed as having a greater than 10% whole-person impairment. It must be over 10% – ten per cent itself is not enough.
If you are deemed to fall on or under the 10% threshold, you are not entitled to compensation, even if the relevant car accident in question has caused change to your lifestyle or there is pain and suffering involved. You are however still entitled to claim for the other losses suffered i.e. wage loss, medical expenses, etc.
If you are found to fall over the 10% threshold, then you may be entitled to compensation. This will be subjectively assessed. There is no scale attached to each percentage; rather, the 10% threshold is the qualifying factor, after which your individual case will be assessed. For some recent case studies on Pain and Suffering claims, click here.
Our team of expert car accident lawyers at Coastal Compensation will make sure you get the most out of your claim. If you have recently suffered from injury due to a car accident, get in touch to discuss your options and get expert advice.
Important update to CTP legislation
The Motor Accident Injuries Act 2017 commenced on 1 December 2017 introducing a new Compulsory Third Party (CTP) scheme to replace the Motor Accidents Compensation Act 1999. Click here to read more about the legislation changes.
Client Testimonials
I contacted Kye Bruce at Coastal Compensation Law Specialists for some initial advice on a CTP car accident claim. I had no idea what to do or if I should pursue a claim further. My experience with Kye from the outset was excellent. From the first phone call, to agreeing to have Kye has my solicitor, and subsequent meetings and dealings with Kye over a 6 month period, he and the staff at CCLS were always very professional and thorough. As someone who has never been through anything like this before, Kye’s knowledge and experience made sure I achieved a very successful outcome. I highly recommend Kye Bruce and CCLS team.
I was involved in an accident in May 2017 where I was a pedestrian struck by a motor vehicle. I sustained both physical and psychological injuries as a result of the accident. I needed legal assistance with making a claim against the relevant CTP insurer and luckily I contacted Coastal Compensation Law Specialists (CCLS) who helped me prepare and lodge the claim forms in time. James Parkin, Senior Associate, was most helpful and sympathetic throughout the whole process. I was very traumatised by what happened to me in the accident and James was accommodating and supportive in the way he advised me. I always got to meet with James or his colleague, Kye Bruce, regarding my claim which resolved recently. I got an amazing outcome and I am very grateful to James, Kye and the team at CCLS for their assistance.
In Feb 2017 I was involved in a high-speed head-on car accident. I was not expected to live due to the horrific injuries I suffered. Extensive research led me to Kye Bruce from Coastal Compensation Law Specialists. He was honest and straight forward from day one. Even a specialist in Sydney commented that he’s never seen a solicitor be more thorough or professional.
My claim was settled in February 2019. I never expected to get enough for a house plus some money to invest to secure my future because of how complicated my claim and circumstances were. Everything Kye told me over the two years- from the approximated bill for my claim, all the specialists he sent me to and the advice he gave me was spot on.
Thank you Kye and CCLS, you changed my life and gave me a future. He is an example of an honest straight-forward hardworking solicitor who has their client’s best interests at heart.
A big thanks to James at Coastal Compensation Law Specialists (CCLS)! Following my workplace injury, I was assisted by James and the team in making a lump sum compensation claim and also a claim for work injury damages. James was upfront and down to earth when explaining the legal side of things and straight to the point when needed. I sustained serious psychological injuries and while the claims progressed, James was very supportive and dealt with the claims in such a way that still allowed me to recover. I achieved a great win and outcome in the claim for work injury damages and I thank James and his support staff.
Hi Kye, I want to say a huge thank you for all your hard work for this claim and taking on the case. You made it stress free and communicated well with the whole process with what was needed and what to expect. Thank you for all your patience and understanding during it all and working in with my hours at work. I am very happy with the outcome and I am forever grateful for the work you put into it.
I want to thank James Parkin, Senior Associate and all the staff at Coastal Compensation Law Specialists for handling my Motor Vehicle Accident CTP claim with great diligence, professionalism and, above all, with sensitivity and care. The outcome was way beyond my expectations and will help my family and I to heal and try and get on with life. I feel a great weight has now been lifted from my shoulders and I am grateful to James and the team for helping me to finalise the claim.
Other lawyers were more interested in what my case meant financially to them rather than getting the best outcome for me. James Parkin was a breath of fresh air, he quickly itemised what action needed to be taken, gave me an honest assessment, helpful advice and created a plan which led to a very successful outcome. I can highly recommend CCLS.
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