Motor accident injury claims: Applying for Common Law damages (Lump Sum Compensation)

Under the NSW Compulsory Third Party Scheme, people who are not at fault and are more seriously injured in a motor accident in NSW on or after 1 December 2017 may have eligibility to make a claim for common law damages and receive lump sum compensation ¹.

A claim for damages can be made if:

• The claimant has more than a minor injury,
• They were not at fault; and,
• Their injury was the fault of another driver or vehicle owner ². In a 'no-fault motor accident' damages may also be payable (i.e., the motor accident was not caused by anyone's fault or where the claimant was only partially at fault) ³.

You generally have 3 years to make a claim for damages ⁴ although there can be exceptions in specific circumstances such as if the claim is in respect of the death of a person or if the claim is in relation to an injury assessed at greater than 10% permanent impairment ⁵