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ARTICLE · 25 SEPTEMBER 2024

Common law motor vehicle accident claims in NSW – Five common FAQs

Carroll & O'Dea
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When not at fault & seriously injured in an accident, you may be eligible to make a CL damages claim & receive lump sum compensation.

AustraliaLitigation, Mediation & Arbitration
Matthew Forshaw
Matthew Forshaw
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In NSW, if you are not at fault and are seriously injured in a motor vehicle accident, you may be eligible to make a common law damages claim and receive lump sum compensation. This article answers five frequently asked questions about common law claims for personal injury claims in NSW due to a motor vehicle accident.

1. What is a common law claim?

A common law damages claim is made under the Motor Accident Injuries Act 2017 (NSW).

A common law claim involves commencing an action against a negligent party. If another person was at fault for your motor vehicle accident and you have a serious injury as a result, you may be entitled to claim damages through a common law claim. The claim is made upon the Compulsory Third Party (CTP) insurer of the person responsible for your motor vehicle accident.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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