Being involved in a car accident, no matter how minor, can be emotionally taxing as well as physically distressing to say the least. Accidents happen, but in the event of a minor car accident, it is important for you to know your rights and what you should do to obtain your treatment and entitlements.
Regardless of whether you have been a victim to a motor, car, bike, truck, motorcycle, or pedestrian accident in New South Wales (NSW), you will be entitled to compensation depending on the extent of your injuries.
What is considered a minor car accident injury?
There are two types of minor injuries:
soft tissue or muscle injury
minor psychological or psychiatric injury
A muscle injury is an injury to a tissue that connects, supports, or surrounds other structures or organs of the body such as tendons, ligaments, menisci, cartilage, fascia, fibrous tissues, fat, blood vessels, and synovial membranes. One of the most common soft injuries after a car accident is whiplash resulting in neck pain. It would not be an injury to nerves or complete or partial rupture of tendons, ligaments, menisci, or cartilage.
Furthermore, a minor psychological or psychiatric injury is one that is not recognised as a psychiatric illness where the injured experiences an acute stress disorder or adjustment disorder.
Most people with a minor injury will likely recover well with proper treatment and might return to usual activities within a short period of time. They will be able to manage their symptoms independently or with minor support in order.
Can non-minor injuries develop out of minor ones over time?
Yes! That indeed can happen.
Minor injury benefit payments are usually suspended after a 6-month-duration. What happens in the case of non-minor injury development is that the minor injuries you’ve had did not stabilise but only worsened after the initial 6 months, leading to a non-minor injury development.
What are the benefits you obtain after submitting your minor injury claim?
Following a minor injury claim, you can benefit from a recovery support for up to 26 weeks after the accident, including a weekly income support payment, medical and treatment expenses, as well as domestic and personal care services.
You may be entitled to further compensation beyond the initial 6-month-period if it appears to be crucial for your full recovery. Be sure to discuss this with your lawyer to understand your claim.
What to do after a car accident in NSW?
Lodge a claim on the property damage insurer for the car.
Go see your general practitioner and ask for a certificate of capacity/fitness so you can lodge a Compulsory Third Party (CTP) claim.
Lodge a CTP claim with the insurer of the other driver who is at fault for the accident.
Make sure the car accident has been reported to the police within 28 days of it happening before making a CTP claim otherwise the minor injury claim will fall through.
If this process seems strenuous for you, you can ask for help to understand the forms and get a lawyer’s advice instead.
How are compensations for minor injury claims calculated?
It all depends on a range of factors related to the extent of your injury, your age, and how you were injured. You would be paid back if you had time off work, medical or care expenses, the severity of your injury, lost wages, and pain and suffering.
For example, a soft tissue injury like a minor back injury where full recovery was reached would entail payouts for economic losses. On the other hand, pain and suffering compensations would fall into the 0 to $120,000 range.
If you have been injured in a car accident and need financial and medical support, get in touch with a road injury compensation lawyer who can explain your rights for you.
A law firm can get the best possible compensation results out of your claim.
Get your life back on track by claiming your minor injury.
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