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Termination of statutory benefits under the Motor Accident Injuries Act 2017

Anyone who sustains an injury in a motor vehicle accident is entitled to statutory benefits under the Motor Accidents Injuries Act 2017

If a person suffers an injury as a result of a motor vehicle accident, then statutory benefits are now payable under the new Motor Accident Injuries Act 2017 whether or not the accident was caused by the fault of the person to whom the statutory benefits are payable. This means that anyone who sustains an injury in a motor vehicle accident is entitled to statutory benefits under the Motor Accidents Injuries Act 2017 (with some limited exceptions).

Such statutory benefits are payable by the motor vehicle CTP insurer directly to the injured person. If the accident is a motor accident concerning only one motor vehicle involved, then a claim is made against the CTP insurer of that vehicle. If the motor vehicle accident involves more than one vehicle, then a claim is made against the CTP insurer of the vehicle you consider at fault.

Understanding Statutory Benefits

Under the NSW Motor Accident Injuries Act, statutory benefits are financial and support services provided to people injured in motor vehicle accidents. These benefits typically include weekly payments, medical expenses, and rehabilitation costs. Statutory benefits are payable for 26 weeks and include payment of weekly compensation if you are unfit for work and payment of reasonable and necessary medical expenses.

How to make a claim for statutory benefits?

To make a claim for statutory benefits, you need to apply for personal injury benefits by completing an Application for Personal Injury Benefits form and obtain from your doctor a Certificate for Fitness. A claim can be made through the SIRA website.

Lawyers are generally not involved in the initial claim for statutory benefits under the act. There is no allowance for payment of any legal fees to assist a person injured in a motor vehicle accident to make a claim. A claim should be made within 28 days from the date of the motor vehicle accident and the accident must be reported to the police. An entitlement to statutory benefits, therefore, requires no more than for you to have sustained an injury from a motor vehicle accident.

Who Isn’t Eligible for Statutory Benefits?

  • Generally, you may not be eligible for statutory benefits if:
  • The accident occurred outside of NSW: The Act specifically applies to accidents within New South Wales.
  • The accident didn’t involve a motor vehicle: The benefits are tied to injuries sustained in motor vehicle accidents.
  • The injury doesn’t meet the definition of a personal injury: The Act focuses on physical or mental harm caused by a motor accident.
  • You’re the sole person at fault for the accident: While this doesn’t necessarily disqualify you entirely, it can impact the amount of benefits you receive.
  • You’ve intentionally caused the accident: Deliberately causing an accident would likely prevent eligibility.
  • You’ve made a fraudulent claim: Providing false information to claim benefits can result in ineligibility.

    Specific Exclusions and Thresholds

    It’s important to note that there might be specific exclusions or thresholds outlined in the Act. For instance, there could be limitations based on the severity of the injury or the circumstances of the accident. To get precise and up-to-date information about your eligibility, it’s highly recommended to consult with a lawyer specialising in motor accident claims.

When do statutory payments cease?

Statutory benefits cease to be payable after 26 weeks if the insurer can prove one of the following:

  1. That the motor accident was caused wholly or mostly by the fault of the person claiming statutory benefits
  2. The persons injury resulting from the motor vehicle accident were minor injuries.

If the accident was your fault payments will cease after 26 weeks. A motor accident is deemed to have been caused mostly by the fault of a person if the contributory negligence of that person is greater than 61%. An insurer, therefore, can only terminate statutory benefits if it has evidence to satisfy one of the above two matters. If an insurer does not investigate liability and has no information about liability or the injury, then the insurer cannot discontinue statutory benefits.

The insurer within the 26 week period should conduct an investigation in relation to the accident to determine whether the person who is claiming statutory benefits was wholly or mostly at fault and whether or not the injuries resulting from the motor vehicle accident were minor injuries. The insurer is then required to make a decision within the 26 weeks as to whether they will cease payment of statutory benefits.

Insurers have been making decisions to cease benefits without making proper investigations on either liability or whether someone has a minor injury. The onus is on the CTP insurer to positively prove that the person claiming statutory benefits was at fault or to positively prove that the person who is claiming statutory benefits has a minor injury. The injured person does not need to prove the above matters but rather it is the CTP insurer who bears that onus.

An injured person is however required to co-operate in providing information to the insurer as requested to assist them in their determination. Any decision made by the CTP insurer to cease benefits after 26 weeks can be challenged.

If you believe that you are entitled to ongoing benefits after 26 weeks then you should contact an Accredited Specialist in Personal Injury Law who can review your matter and determine whether you have a right to challenge the insurer’s decision to receive statutory benefits beyond 26 weeks.

Garling & Co Lawyers

Matthew Garling

Matthew Garling is an Accredited Specialist in Personal Injury Law approved by New South Wales Law Society. He is admitted to practice in the Supreme Court of NSW and the High Court of Australia. Matthew is also a member of...
Angie & B.
00:58 18 Sep 24
We cannot recommend Garling and Co. Lawyers highly enough! Our principal solicitor, Matthew Garling, was absolutely outstanding throughout our entire legal journey. He, along with the fantastic team... in the office, especially Allison, provided outstanding support. They were always responsive, willing to listen, and took the time to thoroughly explain the entire process. Thanks to their dedication and expertise, we achieved a brilliant outcome.read more
Yanthi S.
11:22 12 Sep 24
I engaged with Garling and Co to assist me for my weekly payment dispute with the insurance. I was upset with Natasha, as she didn't prepare me to the worse outcome or told me about the kind of... negotiation in the hearing. I assumed that as a Lawyer she should have an experience with the process or the way to solve the case. Even though I asked her what should I do or what would be happened in the hearing a week before but she didn't mentioned anything, and told me not do anything. But in the hearing she and the Barrister only gave me less than 5 minutes to make decision and pushed me to accept the disappointed outcome and what she said in the hearing totally different with what she said earlier. I don't trust her at all, her words is not consistent.I would like to express my appreciation to Matthew Garling who had stepped in to handle my weekly payment issue with the insurance. He is very professional, knowledgeable, easy to talk to and very humble. My disappointment earlier has melted away by his kindness and caring to resolve my issue which has came out the great outcome. Now I am satisfied with his expertise therefore I would not hesitate to let him to handle the case I might have in the future.As I said before I would not hesitate to let my other claim to be handled by a professional as Matthew Garling. I would like to thank him for his time and effort to settle my case smoothly and I trusted him to give me the best outcome. Also I appreciated his support and his patience to answer my questions from the time I signed the agreement up to the day before the mediation. He did not promise the unrealistic outcome but what ever he promised that what the result was according to his experiences. And I would not forget to Alison, Nathan who also have assisted this matters, by gathering all documents and answering my questions.Also my appreciation to a Barrister Mr Dallas Morgan.So, in summary I am really grateful to have Garling and Co as my lawyer to handle my damaged claim.read more
Tina S
07:45 29 Aug 24
Thank you for the great outcome!
Lisa L.
05:18 13 Jul 24
Outstanding service and commitment to my case was delivered from the first point of contact right until the end of my successful case.Highest recommendations to the team at Garling and Co. Matthew... got me an excellent result and was available and informative throughout the entire foreign process of legal proceedings. He was wonderful and so was his team.If i could rate higher than 5 stars i would!read more
J B
07:12 02 Jul 24
Matthew Garling and all of the team were extremely professional and supportive throughout what was a very long and arduous CTP battle. I am happy with the result and feel that their fees were fair... and well deserved.read more
Nelson B.
02:11 30 Jun 24
Professional, prompt & honest service
Brad M.
02:19 28 Jun 24
I worked with Garling & Co for 3+ years, the team has been incredible and I could not have been happier with Kerry's support and the results produced!I highly recommend choosing them as your... representatives!!read more
Ray H.
07:33 13 Jun 24
Matthew Garling and Team are kind, patient, polite, professional, empathetic and efficient. I was treated terribly by the at fault insurer. Garling and Co. had my back. Matthew gently and patiently... kept me up to speed on all the steps to go through. From my personal experience I recommend these guys. They are safe hands. Thank you team.read more
Jo L.
05:58 07 May 24
So very impressed with the professional team who looked after me throughout the last 4 and 1/2 years. A special mention to Kerry and Nathan who navigated each request to fight for my right to gain... access to further treatments and physio and to ensure medical treatment would be covered moving forward. I was so grateful I could hand it all over to you and not have to go through this very challenging time without your support.I thank you for the compassion you have provided to me, from the first contact with Matthew and Natasha, to finalisation with Kerry and Nathan.I highly recommend the team at Garling and Co for any third party compensation claims. You are in good hands with them all.read more
Linda O.
21:53 06 May 24
Emma, Rebecca and the team at Garling and Co have worked diligently throughout my workers compensation claim. The level of professionalism, support and communication has been faultless. Of particular... note has been the sensitivity displayed to me throughout the lengthy process. Worker’s compensation claims are complex and not easy to navigate, particularly when you are unwell. I do not hesitate to recommend Garling and Co to help you find a way through this otherwise unfathomable system.read more
READ ALL TESTIMONIALS

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Angie & B.
00:58 18 Sep 24
We cannot recommend Garling and Co. Lawyers highly enough! Our principal solicitor, Matthew Garling, was absolutely outstanding throughout our entire legal journey. He, along with the fantastic team... in the office, especially Allison, provided outstanding support. They were always responsive, willing to listen, and took the time to thoroughly explain the entire process. Thanks to their dedication and expertise, we achieved a brilliant outcome.read more
Yanthi S.
11:22 12 Sep 24
I engaged with Garling and Co to assist me for my weekly payment dispute with the insurance. I was upset with Natasha, as she didn't prepare me to the worse outcome or told me about the kind of... negotiation in the hearing. I assumed that as a Lawyer she should have an experience with the process or the way to solve the case. Even though I asked her what should I do or what would be happened in the hearing a week before but she didn't mentioned anything, and told me not do anything. But in the hearing she and the Barrister only gave me less than 5 minutes to make decision and pushed me to accept the disappointed outcome and what she said in the hearing totally different with what she said earlier. I don't trust her at all, her words is not consistent.I would like to express my appreciation to Matthew Garling who had stepped in to handle my weekly payment issue with the insurance. He is very professional, knowledgeable, easy to talk to and very humble. My disappointment earlier has melted away by his kindness and caring to resolve my issue which has came out the great outcome. Now I am satisfied with his expertise therefore I would not hesitate to let him to handle the case I might have in the future.As I said before I would not hesitate to let my other claim to be handled by a professional as Matthew Garling. I would like to thank him for his time and effort to settle my case smoothly and I trusted him to give me the best outcome. Also I appreciated his support and his patience to answer my questions from the time I signed the agreement up to the day before the mediation. He did not promise the unrealistic outcome but what ever he promised that what the result was according to his experiences. And I would not forget to Alison, Nathan who also have assisted this matters, by gathering all documents and answering my questions.Also my appreciation to a Barrister Mr Dallas Morgan.So, in summary I am really grateful to have Garling and Co as my lawyer to handle my damaged claim.read more
Tina S
07:45 29 Aug 24
Thank you for the great outcome!
Lisa L.
05:18 13 Jul 24
Outstanding service and commitment to my case was delivered from the first point of contact right until the end of my successful case.Highest recommendations to the team at Garling and Co. Matthew... got me an excellent result and was available and informative throughout the entire foreign process of legal proceedings. He was wonderful and so was his team.If i could rate higher than 5 stars i would!read more
J B
07:12 02 Jul 24
Matthew Garling and all of the team were extremely professional and supportive throughout what was a very long and arduous CTP battle. I am happy with the result and feel that their fees were fair... and well deserved.read more
Nelson B.
02:11 30 Jun 24
Professional, prompt & honest service
Brad M.
02:19 28 Jun 24
I worked with Garling & Co for 3+ years, the team has been incredible and I could not have been happier with Kerry's support and the results produced!I highly recommend choosing them as your... representatives!!read more
Ray H.
07:33 13 Jun 24
Matthew Garling and Team are kind, patient, polite, professional, empathetic and efficient. I was treated terribly by the at fault insurer. Garling and Co. had my back. Matthew gently and patiently... kept me up to speed on all the steps to go through. From my personal experience I recommend these guys. They are safe hands. Thank you team.read more
Jo L.
05:58 07 May 24
So very impressed with the professional team who looked after me throughout the last 4 and 1/2 years. A special mention to Kerry and Nathan who navigated each request to fight for my right to gain... access to further treatments and physio and to ensure medical treatment would be covered moving forward. I was so grateful I could hand it all over to you and not have to go through this very challenging time without your support.I thank you for the compassion you have provided to me, from the first contact with Matthew and Natasha, to finalisation with Kerry and Nathan.I highly recommend the team at Garling and Co for any third party compensation claims. You are in good hands with them all.read more
Linda O.
21:53 06 May 24
Emma, Rebecca and the team at Garling and Co have worked diligently throughout my workers compensation claim. The level of professionalism, support and communication has been faultless. Of particular... note has been the sensitivity displayed to me throughout the lengthy process. Worker’s compensation claims are complex and not easy to navigate, particularly when you are unwell. I do not hesitate to recommend Garling and Co to help you find a way through this otherwise unfathomable system.read more
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
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