What type of compensation can I claim?

The amount of compensation you receive and the type of compensation you can claim depends on the nature and extent of your injuries you have sustained in the accident and is governed by the Motor Vehicle Accident Compensation Act (NSW) 1999.

Broadly speaking compensation can be claimed for economic loss or non economic loss.

  • Economic loss includes the following:
    1. a. Payment of medical expenses including hospital and rehabilitation expenses, both past and future.
    2. b. Reasonable and necessary attendant care and home modification expenses.
    3. c. Other reasonable and necessary expenses incurred as a result of your injuries.
    4. d. Loss of income, both past and future.
  • Non economic loss is payable for the following:
    1. "Pain and suffering" and loss of enjoyment of life.

Payment for non economic loss is only made to those who have serious injuries who exceed a 10% whole person impairment threshold.

If you do not have a permanent impairment of more than 10% whole person impairment then you are not entitled to claim any non economic loss damages.

If you do have a permanent impairment of more than 10% then the amount of non economic loss damages you are entitled to receive for pain and suffering is determined in accordance with common law principles by comparing your injuries to that of the most extreme case. The maximum payable for a 100% of a most extreme case is currently $415,000. You would receive a proportion of that maximum having regard to the seriousness of the injuries you have sustained.