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ROAD AND CAR ACCIDENT LAWYER

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Back to back winners of the most prestigious Local Business Awards and multiple criminal defence category awards.

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Don't lose out on your benefits. Speak to a lawyer immediately after your accident.

Award-Winning Sydney Law Firm Jameson Law

Award-Winning Compensation Law Firm

We have won several awards including APAC’s coveted Best Personal Injury Law Firm Australia 2025.

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Proven Track Record

50+ Years of Combined Experience litigating Personal Injury Cases means a successful outcome is on the table.

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We’re in it to win it and we fight hard for our clients. That’s why anywhere you look you will find 5 star reviews.

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No Win No Fee Guarantee

Our No Win No Fee guarantee includes all disbursements. Your payout will always significantly outweigh our legal fees.

Vehicles are an integral part of our lives in Australia. People give very little thought to the fact that every time we drive a vehicle; there is a risk of an accident occurring whether our fault or the fault of others. Every driver in NSW has a duty of care; that is he or she must take reasonable care to avoid acts or omissions which are likely to cause an injury or harm to others. Drivers also have a duty to keep a proper lookout even when reversing from their own driveway.

Car Accident, Road Accident and Motor Vehicle Acident Claims

If you are a driver, rider, passenger, pedestrian or cyclist who has been involved in a motor vehicle accident (or motorcycle accident); you are entitled to make a personal injury compensation claim. Personal injury compensation refers to a one-off lump sum payment that takes into account past and future loss. This includes loss of earning, medical expense, cost of personal care domestic assistance, and non-economic loss ie. pain and suffering. In New South Wales, the Motor Accident Injuries Act 2017 established a new scheme of CTP insurance and provision of benefits and support relating to an injury sustained as a result of a car accident. Compulsory Third Party (CTP) insurance companies in NSW include NRMA, QBE, GIO, AAMI, Suncorp and Allianz. In Victoria, residents can make a claim for personal injury claim through the Transport Accident Commission (TAC) which is Victoria’s Governments CTP Insurer. Road accidents can be complex in all Australian states. The general rule is that a claim for compensation can be made if the other driver is at fault. If you are at fault of the accident, you may be entitled to claim for some benefits but you will not be entitled to claim for damages under common law. Generally, personal injury lawyers are motor vehicle accident lawyers. Personal injury covers a number of types of compensation claims including motor vehicle accidents. Motor Vehicle Accident claims are governed by NSW legislation. The State Insurance Regulatory Authority (SIRA) regulates the way in which claims are run and ensures that insurers comply with the relevant guidelines. As of December 2017, the law relating to motor vehicle accident claims in NSW has changed. The entire process of bringing and running a claim has been varied. In fact, the law has given much more power to insurance companies and created a prolonged process to recover motor vehicle accident compensation. The 2017 Legislation and regulation apply to motor vehicle accidents that occurred from December 2017 onward. If you were involved in a motor vehicle accident prior to December 2017, your claim should be brought under the Motor Vehicle Accident Compensation Act 1999 NSW. “Motor vehicle” is defined in the Road Transport Act 2013 to mean a vehicle that is built to be propelled by a motor that forms part of the vehicle. The definition is so broad so as to include almost any type of vehicle including, cars, motorbikes, boats, jet skis, excavators, etc. Don’t just assume that motor vehicle accident refers to car accident injuries. Also, the injury could refer to physical or psychological injury… So speak to one of our lawyers today about your accident and injury involving any type of vehicle with a built-in motor to see if you are entitled to make a claim. For tailored advice, you can contact our expert car accident and CTP claim lawyers in Sydney and Parramatta.
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Motor Vehicle Accidents before December 2017

Motor Vehicle Accident claims were governed by the Motor Vehicle Accident Compensation Act NSW 1999. Any motor vehicle accident which occurred before December 2017 should be brought pursuant to the 1999 Act. Motor accident is defined in the Act. It means an incident or accident involving the use or operation of a motor vehicle that causes the death of or injury to a person where the death or injury is a result of and is caused (whether or not as a result of a defect in the vehicle) during:
(a) the driving of the vehicle, or (b) a collision, or action taken to avoid a collision, with the vehicle, or (c) the vehicle’s running out of control, or (d) a dangerous situation caused by the driving of the vehicle, a collision or action taken to avoid a collision with the vehicle, or the vehicle’s running out of control.
Once it is established that a motor accident has occurred, it must be established that an injury was sustained as a result. It must be a permanent injury that has caused you loss. For example, whiplash injury is not considered permanent, however, a disc bulge or tear maybe, depending on the severity of the injury. With regard to psychological injuries, it must a recognised psychiatric condition in order for and assessment to be provided.

Entitlements

The loss that you have incurred as a result of the injury is referred to as a head of damage. The following are the potential head of damages that you may be entitled to claim:
  • Past loss of earnings: Income you have already lost because your injuries prevented you from working or forced you to reduce your hours, including overtime and penalty rates.
  • Future loss of earning capacity: Where your injuries affect your ability to work in the future, change your duties, or push you into lower paid or part time roles. Our motor vehicle accident lawyers in NSW can obtain expert evidence to quantify this loss.
  • Medical and rehabilitation expenses: Reasonable and necessary treatment costs, including GP and specialist consultations, hospital treatment, surgery, physiotherapy, chiropractic care, psychology, medication and other rehabilitation expenses connected with your injuries.
  • Care and domestic assistance: Paid or unpaid help with personal care and household tasks such as showering, dressing, cleaning, cooking, shopping and yard work that you now need because of your injuries.
  • Out of pocket expenses: Travel to medical and rehabilitation appointments, parking, home modifications, mobility aids, braces, equipment and any other reasonable costs linked to the accident.
  • Pain and suffering and loss of enjoyment of life: Non economic loss that recognises the impact of your injuries on your day to day comfort, independence, emotional wellbeing and ability to participate in work, family and social activities.
These heads of damage sit alongside the statutory benefits regime created by the Motor Accident Injuries Act 2017 and the guidelines issued by SIRA. To understand exactly which entitlements apply in your situation and how to maximise your compensation, speak with our expert car accident and CTP claim lawyers in Sydney and Parramatta today.

Entitlements

The loss that you have incurred as a result of the injury is referred to as a head of damage. The following are the potential head of damages that you may be entitled to claim:
In a nutshell...

Personal Injury claims may be long and complicated, having a compensation lawyer on your side takes the hassle out of making a claim and corresponding with the insurer. Contact us today about lodging your claim and getting the maximum compensation. We will deal with every aspect of your claim from start to end.

NSW New CTP Scheme

A claim for personal injury compensation will be made against the driver’s (driver at fault) CTP insurer. You must establish that you have suffered a serious injury (non-minor injury) for example a  brain injury and that you have suffered a loss as a result of the car accident. It is extremely important that investigations commence as soon as a car accident occurs as the new CTP scheme places strict time limits as to when a claim form must be lodged. For this reason; you should contact our law firm immediately after an accident for legal advice. The CTP insurer will attend to payment of all reasonable and necessary medical treatment, hospital and medical expenses, rehabilitation and medication. In addition, you can claim for loss of earnings, loss of enjoyment of life and pain and suffering as well reimbursement of all your out of pocket expenses relating to your injuries. A large component of car accident claims is damages (compensation) for non-economic loss that is pain and suffering. The Motor Accidents Injuries Act 2017 dictates that an injured person is only allowed to claim for pain and suffering if the degree of whole person impairment is more than 10%. The maximum payout that an injured person can claim for pain and suffering is $521,000. This does not include your entitlements for past and future economic loss which is the loss of income.
In a nutshell...

Contact us immediately after your accident to ensure we can put in a successful claim against the ‘driver at fault’s’ CTP insurer as well as a TPD claim to compensation from each of your superannuation funds that you have insurance with.

What are the steps for making a claim?

Making a claim under the old scheme (pre-December 2017) - motor vehicle accident / car accident injury

Serve Accident Notification Form and/or Motor Accident Personal Injury Claim Form on the insurer

There are strict time limits within which to serve these claim forms. An Accident Notification form should be served within 3-months. A Motor Accident Personal Injury Claim Form should be served within 6-months. A delay in serving your claim form will result in the need to provide a full and satisfactory explanation to the insurer for the delay.

Insurer advises whether they accept or deny liability

This is where the insurer lets you know whether they accept that their insured owner or driver of the vehicle was at fault. They may admit that their insured was only partly at fault.

Medical Assessment

Collect medical records and get assessed by medico-legal doctor for whole person impairment assessment.

Go through MAS if insurer denies impairment exceeds 10%

Insurer concedes that your degree of whole person impairment exceeds 10% OR you file an application with the Medical Assessment Service (MAS) for an independent assessment and determination.

Serve Schedule of Damages

Serve a Schedule of Damages on the insurer and participate in dispute resolution, ie informal settlement conference or mediation.

Settlement

Settlement if a successful agreement with insurer OR if not successful – lodge application with Claims Assessment and Resolution Service (CARS) or file Statement of Claim in Court (depending on whether liability is in question).

CARS or Court

Go through the CARS process or Court process until you reach resolution, hearing and/or verdict.

Making a claim under the new scheme (post-December 2017) - motor vehicle accident / car accident injury

Lodge Form with insurer

Lodge Personal Injury Benefits Claim form with the insurer. This claim form informs the relevant insurer of your claim and entitles you to statutory benefits for the first 26-weeks post-accident, including loss of earnings and medical expenses. 

Insurer advises whether they accept or deny liability

This is where the insurer lets you know whether they accept that their insured owner or driver of the vehicle was at fault. They may admit that their insured was only partly at fault.

The insurer determines seriousness of injury

After 26-weeks the insurer will determine whether your injury is minor/non-minor. If the insurer determines your injury is minor, you are able to apply to the Dispute Resolution Service for an independent assessment and determination which is binding.

If the insurer and/or the Dispute Resolution Service determines that your injury is non-minor you are able to proceed with your claim. Otherwise, your entitlement to claim compensation ends here.

Medical Assessment

Collect medical records and get assessed by medico-legal doctor for whole person impairment assessment.

Serve Schedule of Damages

Insurer concedes that your degree of whole person impairment exceeds 10% OR you file an application with the Dispute Resolution Service (DRS) for an independent assessment and determination.

Schedule of Damages

Serve a Schedule of Damages on the insurer and participate in dispute resolution, ie informal settlement conference or mediation.

Settlement

Settlement if a successful agreement with insurer OR if not successful – lodge application with Dispute Resolution Service (DRS) or file Statement of Claim in Court (depending on whether liability is in question).

DRS or Court

Go through the DRS process of Court process until you reach resolution, hearing and/or verdict.

No Win No Fee
Motor vehicle accidents claims are run on a no win no fee basis which means that you will not pay for our legal fees unless we have successfully resolved your matter. Generally, compensation claims are run on a No Win No Fee basis which means that you don’t pay a cent on legal fees if you are unsuccessful, however, some solicitors still charge for disbursements. At Jameson Law, we have a guaranteed No Win No Fee Agreement including any disbursements we incur to run your case. This means that if your claim is not successful, we do not charge you anything. This allows us to maintain a high rate of success as we will let you know up front if we feel that your case will not win. Any costs payable to Jameson Law will be deducted from, and will not exceed, any compensation that you are entitled to receive meaning you will not pay anything out of pocket.
In a nutshell...

Contact us immediately after your accident to ensure we can put in a successful claim against the ‘driver at fault’s’ CTP insurer as well as a TPD claim to compensation from each of your superannuation funds that you have insurance with.

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How do I defend a motor vehicle claim?

If you have been involved in a motor vehicle accident and another party claims that you were at fault, generally the claims process will simply involve referring the claimant to your compulsory third party (ctp) insurance provider. If however you do not wish to accept fault for the accident, it is open to you to deny the claim and engage in dispute resolution, which may include negotiating with the claimant, seeking further information about the basis of the compensation claim, and/or defending the claim in a magistrates court.

If you do wish to defend a motor vehicle claim, it is worthwhile seeking legal advice about the options available to you, and assistance in navigating the negotiation, settlement and potential civil litigation process. Our law firm specialises in defending motor vehicle claims, and for a free, honest consultation about the options available to you, contact our expert lawyers today.

Common Questions for those that have caused injury or harm:

arrow  What should I do if I agree with the claim?

If you agree that you were at fault, you should contact your CTP insurance company immediately. Your insurance provider will likely take responsibility for handling the claim.

arrow  What if I do not agree with the claim?

If you deny that you were at fault, it is worthwhile seeking legal advice about the options available to you. Failing to respond may result in the claimant instituting legal proceedings against you which is expensive and time-consuming.

arrow  How should I respond to a motor vehicle claim?

It is best to engage a lawyer to advise the best way of responding to the claimant’s correspondence, as often it is advisable to respond in writing. You will also need to work out whether you want to deny responsibility completely or maintain that you were both partly responsible, thus minimising (rather than eliminating) your liability.

arrow  What information should I ask for?

You should seek any information relating to the costs of repair, including any bills, receipts, and invoices as proof of damage. If there is a police or third party report of the accident, you should also seek this information, in addition to the claimant’s written opinion about how the accident happened and the reasons that you are at fault.

If you deny fault for a motor vehicle accident and do not wish to accept liability or the insurance claim, it is best to obtain independent advice about your options in handling your specific circumstances. Contact our legal practice for a free, honest and confidential consultation about our no win no fee legal services today.

Dislaimer
The above is general legal information only and should not be considered legal advice. You should contact our Sydney law firm for legal advice tailored to your specific legal matter. The courts deal with matters on a case-by-case basis. It should also be noted that there may be court delays due to COVID-19 and alternative arrangements made for legal proceedings.

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