Experienced Car Accident Lawyers in Sydney
After more than a decade helping people navigate the challenges that follow a car accident, I’ve seen first hand the importance of clear legal guidance. The confusion, the paperwork and the pressure of legal time limits: it’s a lot to take on when you’re already dealing with pain and uncertainty.
As a car accident lawyer in Sydney, I’ve walked beside people during some of the most difficult moments of their lives. Whether you were a driver, a passenger, a pedestrian, or a cyclist injured in a motor accident, you may be legally entitled to compensation under NSW law. But knowing your rights, and acting on them, often requires more guidance than most expect.
At Withstand Lawyers, we don’t treat your case like just another file. We listen to your story, assess your situation, and give you clear legal advice tailored to your needs. If you’ve been in a car accident in Sydney, reach out for a free claim assessment, and take the first step toward clarity and the compensation you deserve.
- No Upfront Costs
- No Win No Fee
- 99% Success Rate
- Maximum Lump Sum Payout
Am I Eligible for Compensation After a Car Accident in Sydney?
It’s a question I hear often—“Am I entitled to compensation after my accident?” And honestly, it’s not always a simple yes or no.
Whether or not you can claim compensation depends on two key things:
How much fault you may have contributed to the accident, and
The seriousness of your injuries (both physical and psychological)
If the car accident wasn’t your fault, and you’ve suffered significant injuries (things like a spinal nerve root injury, a fracture, nerve damage, torn ligaments or tendons, or even a recognised psychiatric condition like PTSD Post-Traumatic Stress Disorder) then yes, you’re likely entitled to more than just basic support. In those cases, you may be eligible for a compensation payout, also known as common law damages, alongside your weekly income and medical expense benefits.
But the reality is different if the accident was mostly your fault, or if your injuries are considered less serious. For example, soft tissue injuries or emotional distress that doesn’t meet the legal definition of a psychiatric injury. In those situations, your benefits are often limited to 12 months of support, covering only wages and treatment costs.
And this is where many people feel stuck, not knowing where they stand or what they’re entitled to.
That’s exactly why we offer a free claim check. Our experienced car accident lawyers in Sydney take the time to understand your story, assess your injuries, and explain exactly what you can claim. And if we believe you have a case, we’ll represent you on a No Win No Fee basis so you never have to worry about upfront legal costs.
Compensation Entitlements Explained by Car Accident Lawyers in Sydney
This means you can claim reasonable and necessary medical and treatment expenses that are related to the accident, such as for rehabilitation and hospital costs.
This is also known as essentially wages to compensate you for your inability to work because of the accident.
If you need help at home while recovering from your car accident injuries, you may be entitled to support for domestic and personal care services.
You may also be eligible for a lump sum payout to cover your future loss of earning capacity and the long-term impact of your injuries.
More About the Compensation Payout (Common Law Damages)
When people hear the word payout, they often assume it applies to every car accident claim. In reality, compensation payouts, known in law as common law damages, are reserved for those who’ve suffered more serious injuries.
Unlike weekly income support and medical benefits, a payout is generally only available if you’ve sustained non‑soft tissue injuries or a recognised psychiatric condition, such as Post‑Traumatic Stress Disorder (PTSD). For many people, this distinction isn’t obvious, and it’s where experienced car accident lawyers in Sydney can make all the difference.
A compensation payout is made up of two key entitlements.
The first is economic loss, which looks beyond what you were earning at the time of the accident. It considers what you could have earned if the accident had never happened, including lost opportunities. I’ve seen many clients who were building side businesses, second jobs, or personal projects that hadn’t yet turned into income. Because that money wasn’t coming in yet, it isn’t included in weekly income support. But it can and should be considered in your payout claim. This is why under‑settling a car accident claim can have long‑term consequences. A payout is a once‑only opportunity to account for your future loss.
The second component is non‑economic loss, more commonly known as pain and suffering. This recognises the physical and emotional toll an accident can take on your life. While the maximum amount is capped (currently at $605,000), eligibility isn’t automatic. To claim pain and suffering, your injuries must exceed a 10% whole person impairment threshold. The amount awarded depends on factors such as the severity of your injury, your age, and how the accident is likely to affect you long term.
Our car accident lawyers in Sydney can arrange for your physical and psychological injuries to be assessed by the appropriate medical experts and advise whether you meet the required threshold. If you’re unsure where you stand or want clarity before moving forward, contact us today for a free claim check. We’ll take the time to explain your options and help you understand what your claim may actually be worth.
Is the Compensation Payout the End of My Claim?
Our Sydney car accident lawyers explain.
Many people assume that once they receive a compensation payout, their claim is over. But the truth is more nuanced, and it’s something I always take time to explain to clients.
While a compensation payout (common law damages) is indeed a final, one-off amount that covers things like lost future earnings and pain and suffering, your right to have accident-related medical expenses covered doesn’t end there.
In fact, your medical and treatment costs can continue to be paid even after your payout is finalised. That’s because medical expenses are treated as a separate statutory benefit, not included in your payout amount.
Here’s how it works:
For the first 5 years after your car accident, the CTP insurer remains responsible for covering your reasonable and necessary treatment costs.
After that, your care needs are transferred to CTP Care, which takes over the management of ongoing support.
However, to keep receiving this support, the treatment must be:
Causally related to your car accident, and
Likely to provide a material benefit to your recovery
This ongoing entitlement is something many people overlook, often because they assume their payout covers everything. But that’s not the case, and it’s why getting the right legal guidance early on matters.
If you’re not sure whether your current treatment will be covered long term, our experienced car accident lawyers in Sydney can help clarify your entitlements during a free claim check. Contact us today to get the clear and straightforward advice you deserve after a car accident in Sydney.
How Do I Make a Car Accident Claim in Sydney?
Explained by our car accident lawyers.
If you’ve been injured in a car accident, knowing how to start your compensation claim can feel overwhelming, especially when you’re recovering physically and emotionally. Here’s a breakdown to help you through the process.
Lodge Your Application Within 28 Days
To begin your claim, you’ll need to submit the following to the CTP insurer of the at-fault vehicle:
A completed Application for Personal Injury Benefits form
A Certificate of Capacity, filled out by both you and your GP
You must lodge this within 28 days of the accident via email or post. The insurer should contact you shortly after receiving your application. If you don’t hear back within two business days, it’s a good idea to follow up directly with them.
Follow Your Doctor’s Advice
As your claim progresses, it’s important to follow your treating doctor’s medical advice. Of course, if you have doubts, you’re entitled to seek a second opinion.
During this time, the insurer will review your claim and must decide within three months whether you’re entitled to:
Ongoing statutory benefits only (like income support and medical expenses), or
A full compensation payout (common law damages), based on your injury severity and degree of fault
The Insurer’s Decision
If the insurer decides you’re not eligible for a compensation payout, because they’ve assessed your injuries as not meeting the legal threshold—don’t panic. Mistakes happen, and insurers sometimes get it wrong.
This is where our experienced car accident lawyers in Sydney can step in. We’ll offer a free claim check, review the insurer’s decision, and if needed, help you:
Apply for an internal review, or
Escalate the dispute to the Personal Injury Commission
At that stage, an independent medical expert will assess your injuries and make a binding decision on whether you meet the threshold to qualify for a lump sum payout.
Assessing for Pain & Suffering Compensation
If you’re deemed eligible for a payout, we’ll also arrange for your injuries to be formally assessed to determine whether you can claim for non-economic loss (pain and suffering). To qualify, your injury must exceed a 10% whole person impairment (WPI) threshold.
Our car accident lawyers in Sydney will guide you through every part of the process, from paperwork to medical assessments, so you’re not left navigating this system alone.
If you’re unsure how to start or feel overwhelmed by the legal process, our team of car accident lawyers in Sydney is here to help. Contact us for a free claim assessment, and let us take care of the legal work while you focus on your recovery.
What Is a Threshold Injury? Car Accident Lawyer Explains.
This is one of the most misunderstood parts of a car accident claim, and understandably so. Whether your injury is classified as a threshold injury can determine if you’re entitled to a compensation payout, or if your claim is limited to basic benefits only.
In simple terms, if your physical or psychological injury is not considered a threshold injury, and you were not mostly at fault for the accident, you may be entitled to claim a lump sum compensation payout for your motor vehicle accident.
Under NSW law, threshold injuries fall into two categories: physical and psychological.
Physical Threshold Injuries
Physical threshold injuries are generally soft tissue injuries: those affecting muscles, tendons, and ligaments. These types of injuries usually limit a claim to statutory benefits only.
However, your injury is not considered a threshold injury if it involves:
Nerve damage
Partial or complete rupture of tendons or ligaments
Meniscus or cartilage damage
Bone fractures
Permanent scarring
In these cases, you may be eligible for a compensation payout, not just weekly payments and medical expenses.
Psychological Threshold Injuries
Psychological threshold injuries typically refer to psychological symptoms that do not amount to a recognised psychiatric illness.
By contrast, a diagnosed psychiatric condition, such as Post‑Traumatic Stress Disorder (PTSD), is not considered a threshold injury. If you’ve received a formal diagnosis, this can significantly affect your eligibility for compensation.
Understanding whether your injury meets the threshold isn’t always straightforward, and insurers don’t always get it right. That’s why speaking with experienced car accident lawyers in Sydney can be crucial.
If you’re unsure how your injury is classified or what it means for your claim, contact us for a free claim assessment. We’ll take the time to explain where you stand and what options may be available to you.
Do I Really Need a Sydney Car Accident Lawyer?
The short answer? No, you don’t legally need a lawyer to make a car accident compensation claim in NSW. You can lodge your own claim and even get guidance from SIRA (State Insurance Regulatory Authority).
But would I recommend going it alone? Absolutely not.
And not just because I’m a lawyer.
Here’s the truth: insurers handle claims every day. They know the process, the paperwork, and how to protect their bottom line. Most people making a claim for the first time don’t, and that difference can affect how much compensation you walk away with.
As experienced car accident lawyers in Sydney, we understand what really matters when it comes to proving your injuries, demonstrating loss, and negotiating a fair outcome. If your claim doesn’t settle and ends up before the Personal Injury Commission, it’s not just about telling your story. It’s about presenting strong, well-documented evidence that matches legal standards.
Our job is to:
Ensure your claim progresses smoothly and correctly
Identify and include all your injuries, losses, and future impacts
Represent you in disputes or reviews
Negotiate for the maximum payout possible
We act on a No Win No Fee basis, which means our legal fees come out of your compensation only if we win. And we’re upfront about all costs before we begin. No hidden surprises.
Choosing the right car accident lawyer can feel overwhelming. That’s why we offer a free claim assessment. A chance for you to ask questions, get clarity, and see if we’re the right fit for you.
Car Accident Lawyers Sydney – Frequently Asked Questions (FAQs)
In NSW there are several Compulsory Third Party (CTP) Insurers, such as AAMI Insurance, Allianz Insurance, GIO Insurance, NRMA Insurance, QBE and Youi Insurance. The CTP insurer that will most likely be managing your claim will be the CTP insurer of the vehicle that caused the car accident.
Car accidents can cause one or multiple injuries at the same time. Some of the most common injuries are as follows:
Our car accident lawyers offer a free claim check and will provide you with insight as to your eligibility to claim compensation. Injuries that occur due to car accidents can affect your future ability to earn and our car accident lawyers will explain to you your entitlements, how to claim them and the best way forward in maximising your entitlements to compensation. We recommend that you ask many relevant questions when speaking to your potential lawyer. You will be working with them for the duration of your claim, so you need to feel confident that their values correlate with yours, and that their experience and avenue to assist you with your claim are parallel.
No Win No Fee Car Accident Lawyers in Sydney
We understand how overwhelming the compensation process can be, especially when you’re already dealing with physical injuries, emotional stress, and financial uncertainty. Legal costs shouldn’t be another burden.
That’s why our experienced car accident lawyers in Sydney work on a No Win No Fee basis. This means:
✅ You only pay legal fees if your claim is successful
✅ No upfront costs or hidden fees
✅ No payment at all unless your compensation exceeds $75,000
Our No Win No Fee policy ensures that everyone, regardless of financial position, can access expert legal support after a motor vehicle accident. Whether you were injured as a driver, passenger, pedestrian, or cyclist, we’re here to help you understand your rights and pursue the maximum compensation you’re entitled to.
Ready to get started?
Call us on 1800 952 898 or fill out our online form below for a no-obligation, free claim assessment.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
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