Motorcycle Accident Lawyers Sydney

In New South Wales (NSW), there are strict time limits for making a motorcycle accident claim. It’s crucial to be aware of these deadlines to ensure your claim is valid:

Notification of the Accident: You must notify the police about the accident immediately or within 28 days of the accident, particularly if there is injury or death. This is a legal requirement under NSW law.

Early Notification: For a compensation claim, you should provide an early notification to the relevant Compulsory Third Party (CTP) insurer within 28 days of the accident. This can be crucial for accessing early medical and wage loss benefits.

Formal Claim Submission: The formal claim for personal injury benefits needs to be submitted within three months of the accident. This is done through a personal injury claim form submitted to the CTP insurer of the vehicle at fault.

Statute of Limitations: For a lump sum compensation claim (in cases of more serious injuries), the claim must generally be made within three years from the date of the accident.

It’s important to note that there may be exceptions or specific circumstances that could affect these timeframes, so consulting a legal professional is advisable for personalised advice.

Depending on the complexity of your case, there may be instances where it can take longer for you to receive your compensation. However, it is standard that once the CTP insurer has made their decision to agree to make compensation payments, they must start payments within 28 days of the decision.

In order to make a claim for a lump sum payout (common law claim) in relation to your motorcycle injury, you must first be presented with above threshold injuries and have a permanent impairment of over 10%. Such injuries can include:

• Fractures and broken bones
• Brain and spinal damage
• Loss of limbs

Those making a claim for lump sum payment will need to go through an evaluation of impairment. This involves engaging with a medical assessor to evaluate the avilable evidence regarding your accident, such evidence includes:

• Medical evidence
• Medico-legal reports
• Diagnostic findings 

In order to evaluate impairment, it’s important to note that you must already have shown that impairment has been present for a period of time and that you are not likely to get any better regardless of further treatment. If it is assessed that you have a permanent impairment of over 10% you will be eligible to make a common law claim to receive an additional lump sum compensation. 

There are multiple reasons as to why you should use a Motorcycle accident lawyer if you’ve been injured:

• You don’t know how to submit a claim: Filing a claim involves understanding intricate legal and procedural requirements that can be overwhelming for someone without legal training. A motorcycle accident lawyer knows how to properly submit a claim, ensuring all necessary documentation and evidence are included. This expertise reduces the risk of errors that could delay or jeopardize your claim.
• You’re not happy with the CTP insurer’s decision: If you’re not satisfied with the decision made by the Compulsory Third Party (CTP) insurer – perhaps they’ve denied your claim or offered a settlement that doesn’t adequately cover your losses – a lawyer can contest this on your behalf. They can negotiate with the insurer, present additional evidence, and argue for a more favorable outcome. Your motorcycle accident lawyer can also represent you in court if litigation is needed. 
• You want to maximise your compensation: Lawyers experienced in motorcycle accidents understand the full spectrum of compensation you may be entitled to, which can include medical expenses, lost wages, pain and suffering, and other damages. They know how to calculate the true value of your claim, including future expenses and impacts on your quality of life, ensuring you receive the maximum compensation possible.
• You are unsure if you have a case: If you’re unsure about the strength or validity of your case, a lawyer can provide an informed evaluation. They can assess the details of the accident, determine liability, and advise you on the likelihood of a successful claim. This initial assessment can save you time and resources and provide clarity on your legal options.
• No win no fee arrangements: Many motorcycle accident lawyers in NSW offer ‘No Win, No Fee’ arrangements, which means you only pay legal fees if you receive compensation. This makes legal services more accessible and reduces financial risk for you.

If you are unsure of the process of making a claim, follow the steps below:

1. Report your incident to the police and retrieve a police event number, this is needed when submitting your claim
2. Seek immediate medical attention to gather medical evidence in relation to the severity of your injuries which will be used by the CTP insurer to assess the claim
3. Submit an Application for personal injury benefits form to the CTP Insurer 
4. Wait for the CTP Insurer to assess your claim and contact you
5. Receive your compensation

This is a simple breakdown of the process. It can be much more complex than this due to the uniqueness of each claim. That is why it is recommended that you seek assistance from an expert Motorcycle accident lawyer who can help you throughout the whole process. At Alliance Compensation & Litigation Lawyers, we operate at a No-Win-No-Fee structure, meaning this won’t cost you anything until you’ve secured your compensation.

According to the Motor Accident Injuries Act 2017, for the first 52 weeks it doesn’t matter who caused the accident. This means that those drivers who are most at fault are still eligible to receive compensation for the first 52 weeks. 

Once the 52 weeks have past, then statutory benefits to the driver will cease. This ensures that everyone involved in the car accident is supported. So if you are at fault, be sure to still reach out to us to lodge a claim as you may still be eligible for benefits. 

However, if you are at-fault and your vehicle is not insured, then unfortunately you are not eligible for compensation.

Being involved in a car accident can be a very stressful period in your life. The last thing you want to deal with alongside your recovery is to gather all the required documents and evidence needed to submit a claim for compensation. In such case, hiring a Car Accident lawyer can prove to be a wise move to reduce the burden and allows you to gain confidence that your claim will be looked after. 

The benefits of hiring a Car Accident lawyer doesn’t just end once you’ve submitted the claim. We will also provide you with support and represent you in cases the decisions made by the CTP insurer are not favourable for you. A car accident lawyer will provide you with the legal guidance needed to ensure that you receive maximum compensation. 

We also ensure that no stones are left unturned, as we also look into opportunities where permanent impairment is present which can also result in an additional lump sum payment alongside your usual statutory benefits. 

Finally, here at Alliance Compensation & Litigiation Lawyers, we operate on a No-Win-No-Fee structure, meaning if you are not successful in your claim you don’t pay a single cent. In cases where the claim is worth less than $75K, upon a successful claim, the CTP insurer will cover 100% of the cost.