If you were injured in a motor vehicle accident as a driver, passenger, pedestrian, cyclist or motorbike rider you can claim compensation if you consider a driver or owner of a motor vehicle, other than you, was partially or completely at fault. If you were partly at fault in causing your own injuries (e.g. not wearing a seatbelt, or helmet) you may still be able to claim but the compensation may be less than if you were not partly at fault.
Special benefit for children in accidents from 1 October 2006
You may still make a claim for the children’s special benefit even if the accident was not caused by the fault of an owner or driver of a motor vehicle, provided that:
- the accident happened on or after 1 October 2006
- you were under 16 years at the time of the accident
- you lived in NSW at the time of the accident.
If you were 16 years or older, and were completely at fault in the accident in which you were injured, you may not be able to make a claim for personal injury compensation.
You may also be able to claim compensation if you are a close relative of a person killed in a motor vehicle accident caused by the fault of another driver.
For details on how to make a claim and for any documentation required to make a claim please refer to the Motor Accidents Authority website at www.maa.nsw.gov.au
