To make a claim for compensation you must have sustained an injury in a motor vehicle accident in NSW. You also need to be able to demonstrate that the driver or owner of a vehicle, other than your vehicle, was partially or completely responsible for the accident.

Any kind of road user can make a claim under the Act, including; the driver, the passenger, pedestrian, cyclist or motor cyclist.

If your vehicle was partly at fault for the accident you still may be able to make a claim however the compensation you will receive will be less than if you were not at fault at all.

Examples where you may be partially at fault include; not wearing a seatbelt, driving whilst drunk, or travelling in a vehicle where you know the driver to be drunk or not wearing a helmet when cycling or riding a motorcycle.

There are also two special circumstances where you can make a claim under the scheme regardless of who caused the accident.

1. If the injured person is under 16 years of age and is a resident of NSW at the time of the accident you can make a claim for special benefits for hospital, common medical and rehabilitation and attendant care for any of the injuries sustained.
2. If you were injured as a result of a ‘blameless accident’ you may also be able to make a claim. A blameless accident is an accident caused by unexplainable mechanical vehicle failure, driver suffering a sudden illness such as a heart attack or an unavoidable collision with an animal on the road.

There is complex law surrounding who can make a claim for a ‘blameless accident’ and you should always contact a lawyer to discuss if you have a right to make a claim.