FAQ's

Compensation Laws are complex and often confusing. The following questions and answers detail the most frequently asked questions that our clients as us every day. To see the answers, please click on the appropriate question below.

FAQ 1: Do I have a claim?
FAQ 2: Are there time limits?
FAQ 3: What are my rights to compensation?
FAQ 4: What do I need to prove?
FAQ 5: How is the compensation paid, ie, periodically or in a lump sum?
FAQ 6: How long will my claim take?
FAQ 7: Will I have to go to court?
FAQ 8: Is my claim likely to be settled?
FAQ 9: Who pays the legal costs?
FAQ 10: What costs will I have to pay?
FAQ 11: Will I have to pay tax on the compensation I receive?
FAQ 12: What will the insurer pay whilst the case is being prepared?
FAQ 13: Can I go back to work?
FAQ 14: What if I lose?
FAQ 15: What if I am held to be partially to blame for the incident?
FAQ 16: Will I have to see any doctors?
FAQ 17: Is the insurance company likely to follow me around and spy on me?
FAQ 18: How often will I need to see you?

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Compensation FAQ 1: Do I have a claim?

Motor Vehicle Incident
If you have sustained personal injuries in a Motor Vehicle Incident and can prove that the incident was caused by the driver of a motor vehicle (even if the identity of that vehicle is unknown, for example, hit and run) even if you were partly responsible for the incident yourself, you are entitled to receive compensation or 'damages'.

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Compensation FAQ 2: Are there time limits?

Motor Vehicle Incident
Ye, in motor vehicle compensation cases a completed signed claim form must be sent to the relevant insurer within 6 months of the incident. It is possible to submit your claim this time period in certain circumstances. However, it is important to submit the claim form in time, if possible.

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Compensation FAQ 3: What are my rights to compensation?

Motor Vehicle Incident
If you have sustained personal injuries in a Motor Vehicle Incident and can prove that the incident was caused by the driver of a motor vehicle (even if the identity of that vehicle is unknown, for example, hit and run) even if you were partly responsible for the incident yourself, you are entitled to receive compensation or 'damages'.

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Compensation FAQ 4: What do I need to prove?

Motor Vehicle Incident
If you can prove that the incident was caused by the negligence or fauly of a person/corporation, even if you were partly responsible for the incident, you may be entitled to receive compensation. The onus is on you (by us) to prove all aspects of your claim, on the balance of probabilities. The insurance companies do not have to prove anything except for the extent to which you may have been the cause of the incident.

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Compensation FAQ 5: How is the compensation paid, ie, periodically or in a lump sum?

Motor Vehicle Incident
Compensation will be paid in a once and for all lump sum, which will be tax free.

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Compensation FAQ 6: How long will my claim take?

Motor Vehicle Incident

The amount of time your compensation claim will take is dependent on the severity of the injuries and the type of claim. Your compensation claim will not be finalised until your injuries have stabilised and a long term prognosis can be made.
Most personal incident compensation claims should take less than 2 years. If the injuries stabilise reasonably quickly and a long term prognosis can be made, your claim can be finalised more quickly.

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Compensation FAQ 7: Will I have to go to court?

Motor Vehicle Incident
Over 85% of personal incident compensation cases settle without going to Court. In fact most claims settle without Court proceedings even being commenced. If liability has been admitted by the insurance company it is likely that your claim, if not settled, will be assessed by an assessor.

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Compensation FAQ 8: Is my claim likely to be settled?

Motor Vehicle Incident
Yes

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Compensation FAQ 9: Who pays the legal costs?

Motor Vehicle Incident
If your claim is successful the insurance company will pay most of the legal costs. You will pay the difference between what the insurance company has to pay and the actual costs. As a rule of thumb the difference is about one third. If you choose Stacks/Goudkamp as your legal representation, we will pay all the disbursements (e.g. fees for medical reports) and be reimbursed at the end of the case. In the unlikely event that your case is lost we will not charge any fees or seek reimbursement of disbursements. The insurance company may however seek to recover its costs from you.

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Compensation FAQ 10: What costs will I have to pay?

Motor Vehicle Incident
If your claim is successful the insurance company will pay most of the legal costs. You will pay the difference between what the insurance company has to pay and the actual costs. As a rule of thumb the difference is about one third. If you choose Stacks/Goudkamp as your legal representation, we will pay all the disbursements (e.g. fees for medical reports) and be reimbursed at the end of the case. In the unlikely event that your case is lost we will not charge any fees or seek reimbursement of disbursements. The insurance company may however seek to recover its costs from you.

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Compensation FAQ 11: Will I have to pay tax on the compensation I receive?

Motor Vehicle Incident
Compensation will be paid in a once and for all lump sum, which will be tax free.

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Compensation FAQ 12: What will the insurer pay whilst the case is being prepared?

Motor Vehicle Incident
If liability has been admitted, pay your ongoing medical expenses, although insurers often don’t conduct themselves as they should.
Once liability has been admitted, wholly or in part, pay your ongoing reasonable and necessary medical expenses, as incurred. In serious cases, pay for care provided on a commercial basis (e.g. Dial-An-Angel), home and transport modifications etc. Note the insurer does not have to pay your lost wages/income.

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Compensation FAQ 13: Can I go back to work?

Motor Vehicle Incident
If you can return to work, you should, provided your doctor certifies you to be fit to return to work.
If you were working at the time of the incident or if you had the potential to earn income and your injuries have stopped you from working or from realising your potential you are entitled to claim the loss of income e.g. wages - except for the first 5 days from the date of the incident.
The claim includes loss of income or income earning potential from the date of the incident (except for the initial 5 day period) and for as long as your injuries will continue to affect your ability to work.

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Compensation FAQ 14: What if I lose?

Motor Vehicle Incident
In the unlikely event that your case is lost we will not charge any fees or seek reimbursement of disbursements. The insurance company may however seek to recover its costs from you.

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Compensation FAQ 15: What if I am held to be partially to blame for the incident?

Motor Vehicle Incident
If you were partly responsible for the incident the amount of compensation you receive will be reduced by the level of your responsibility(e.g. 50% your fault means a 50% reduction in compensation.)

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Compensation FAQ 16: Will I have to see any doctors?

Motor Vehicle Incident
The insurer will make appointments for you to be medically assessed by its own medico-legal doctors.
You will need to:
1. Attend all medical appointments arranged for you, and co-operate with doctors who have been asked to assess you, whether they be doctors appointed by us or by the insurer or by the Motor incidents Authority
2. Keep us informed of your medical condition, progress, employment situation, change of address, change of circumstances. There is no need to phone us on a regular basis. Rather you should make a note of all the changes and bring us up to date at our regular meetings or pre-arranged phone conferences.
3. Forward all accounts, receipts, invoices etc in relation to medical expenses, including physiotherapy expenses, to us, in the self addressed, stamped envelopes provided, so that we can apply to the insurer for a refund for any payments you have made and also so we can prepare a schedule of your claim for medical expenses to present to the insurance company and/or to the assessor/Court in due course.
4. Get on with your life, if possible e.g. if you can return to work, you should, provided your doctor certifies you to be fit to return to work.

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Compensation FAQ 17: Is the insurance company likely to follow me around and spy on me?

Motor Vehicle Incident
Maybe, but there is nothing to fear if you act honestly and tell the truth at all times

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Compensation FAQ 18: How often will I need to see you?

Motor Vehicle Incident
From time to time we’ll need to communicate with you to obtain updates in relation to your medical condition, etc.

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If you are in need of legal advice, contact Stacks/Goudkamp today. Stacks/Goudkamp is a Sydney based law firm with Accredited Specialists in Compensation Law and Compensation matters. We are situated in the heart of the Sydney CBD and also have offices in Parramatta, Liverpool, Newcastle and Wollongong. Call us today on 1800 25 1800 or alternatively, fill out the form on the right.