Do I need to sue the driver to get compensation for my road injury?

If you’ve been injured in a car accident, you may be entitled to compensation benefits, which are designed to be a financial safety net to help with your expenses while you get back to health and move forward with your life.

Many people are hesitant to make a claim

Getting medical help early if you’ve been injured gives you a better chance of making a full recovery. But the reality is that costs can often mount up quickly if you’ve been injured, especially if you’re not working and need ongoing medical treatment. Compensation benefits like payments for your medical costs and payments for your loss of income can help lessen these financial burdens, so you can focus on your recovery.

Many people are often hesitant to make a compensation claim because they’re worried about the financial and legal impact on the driver. This is most common when a friend or family member was responsible or involved in the accident.

Many people are worried that if they make a compensation claim for their injuries they’ll need to sue their loved one or otherwise create legal problems for them.

But this is actually not the case.

Who pays for your compensation if you make a motor vehicle accident claim?

In New South Wales, we have a Compulsory Third Party (CTP) insurance scheme, also known as “greenslips”. CTP insurance is compulsory for all drivers in NSW and is designed to provide financial support for people who’ve been injured on our roads.

When a compensation claim is made, it’s paid out by the CTP insurer, not the driver of the vehicle at fault.

What does CTP insurance cover?

CTP helps people who have been injured or killed in a car accident. Some examples include:

• Medical treatment

• Rehabilitation and support

• Income support

• Funeral expenses for fatal accidents

CTP won’t cover damages toy our car, other vehicles or property damage.

How to get the most compensation from a car accident

Take these steps immediately to help maximise motor vehicle accident compensation:

• Seek medical attention and follow your treatment plan

• Report the crash to police and your insurer

• gather evidence such as photos, dashcam, witness details, and medical records

• keep a diary of symptoms, expenses, and time off work

• Get advice early from a car accident personal injury lawyer

Lodging your motor vehicle accident claim early and detailed documentation often results in better outcomes.

How do I prove fault in a car accident claim?

Some examples of proof include police reports, CCTV or dashcam footage, witness statements, and expert accident reconstruction. Medical records connect the accident to your injuries. While you can lodge a claim yourself, working with an experienced road accident lawyer means you’ll have someone on your side to gather and present this evidence to strengthen your compensation claim.

Learn more about the differences between at-fault and not-at-fault car accident compensation