Change location v

Common Car Accident Injuries in Australia

While the loss of life in car accidents is devastating, the human costs extend far beyond fatalities. In 2023 alone, an estimated 1266 people tragically died on Australian roads, however, the number of injuries sustained in car crashes is significantly higher.

If you’ve been hurt in a car crash, the process of recovery and securing compensation can feel overwhelming.

In this article, we’ll explore the 10 most common car accident injuries, what classifies as a major injury, who can claim compensation, and everything you need to know about the car accident injury claim process.

10 most common car accident injuries

Car accidents are a leading cause of injury in Australia.

According to the Australian Institute of Health and Welfare (AIHW), between 2021-22, a staggering 31% of transport injury hospitalisations involve car occupants. And, while some injuries are immediately apparent, others may take days or weeks to manifest.

Here’s a look at the 10 most common car accident injuries.

1. Whiplash

Often considered a minor injury, whiplash can cause significant pain and stiffness in the neck, making daily tasks difficult. Symptoms like headaches, dizziness, and memory loss can also occur. Whiplash accounts for roughly half of all car accident claims in Australia.

2. Brain and head injuries

More likely in rollovers and read-rend collisions, head injuries can range from mild concussions to life-threatening trauma. Neglecting to wear a seatbelt significantly increases the risk of brain injury. In the worst cases, these injuries cause permanent disabilities or death. NSW’s Lifetime and Support Scheme (LTCS) helps cover the cost of treatment and care for serious brain injuries sustained in car accidents.

3. Spinal cord injuries

Rear-end collisions are a common culprit behind spinal cord injuries, which can affect the chest, head, neck, and spine. People in front and back centre seats are most at risk. These injuries can lead to partial or complete paralysis, chronic pain, and other debilitating symptoms. According to the AIHW, between 2021-22, a concerning 25% of hospitalisations for transportation accidents involved the head and neck. This highlights the high number of spinal cord complications arising from car accidents.

Similar to brain injuries, severe spinal cord injuries are covered by the LTCS.

3. Psychological injuries

The emotional and psychological impact of a car accident shouldn’t be underestimated. Accidents can trigger depression, anxiety, and even post-traumatic stress disorder (PTSD). A 2021 study by the Australian Rotary Club found nearly half of people who sustain mild to moderate injuries in a car crash experience psychological distress. The risk of developing PTSD is also significant, with 21% of people developing it within 6 months after the crash and 18% at 12 months.

If you experience emotional distress after a car accident, seeking help from a mental health professional is crucial.

5. Burns

More common in serious accidents, burns can cause immediate and long-term physical and psychological damage. Burns can be caused by fire, contact with hot surfaces like the engine or exhaust, or exposure to chemicals. Airbag deployment can also cause friction burns, especially for children.

6. Lacerations

Deep cuts or tears in the skin are referred to as lacerations. While minor cuts heal readily, severe accidents can cause “degloving” injuries, where underlying tissue is exposed. These injuries often require surgery and ongoing treatment.

7. Fractures

Broken bones are a common consequence of car accidents, particularly in the hands, wrists, hips, spine, neck, and clavicles. Treatment can range from simple immobilisation with a cast to surgery, with recovery times and physical therapy needs varying depending on the severity.

8. Internal bleeding

This often-unseen injury can be life-threatening. Internal bleeding can occur in various organs like the liver, spleen, and kidneys due to the high impact of the crash. Seeking immediate medical attention is critical if you suspect internal bleeding.

9. Soft tissue injuries

Sprains, strains, and muscle tears are all considered soft tissue injuries. While typically not life-threatening, they can cause significant pain and limit mobility.

10. Facial injuries

Car accidents can cause facial fractures, cuts, and even dental injuries. Treatment for these injuries depends on the severity and may involve dental work, plastic surgery, or other procedures.

What is considered a major injury in a car accident?

The terminology used for major and minor car accident injuries varies by state.

In NSW, a major car accident injury is considered “above threshold” under the CTP (green slip) insurance scheme. This typically refers to injuries that are more serious and long-lasting than minor aches, pains, or soft tissue injuries (like whiplash).

Here are some examples of major car accident injuries:

  • Fractures
  • Torn ligaments, tendons or cartilage
  • Damage to spinal nerve roots
  • Injuries requiring surgery
  • Brain injuries
  • Significant scarring
  • Psychological injuries that meet specific DSM-5 criteria (PTSD, for example).

 

These injuries often cause lasting impairments that impact daily life, such as difficulty performing daily tasks, reduced ability to work, or limitations in social activities.

Queensland and Victoria don’t specifically use the terms minor and major or threshold and non-threshold. Instead, they focus on specific injuries and the corresponding compensation categories associated with each.

Who can claim for a car accident injury?

Being injured in a car accident can be a devastating experience, and the last thing you should worry about is whether you’re entitled to compensation. Australian law protects a wide range of people involved in car accidents, regardless of whether you were driving, a passenger, walking or cycling:

  • Motorists: If you were the driver of a vehicle involved in an accident caused by someone else’s negligence, you can claim lost wages, medical expenses, and compensation for pain and suffering from that at-fault driver’s insurance.
  • Passengers: Even if you weren’t driving, you can still file a claim against the driver’s insurance policy if you were injured in the accident.
  • Child passengers: If your child was injured in a car accident, a legal representative can file a claim on their behalf to recover medical bills and compensation for pain and suffering.
  • Motorcyclists/Bicyclists: Just like motorists, you can file a claim against the at-fault driver’s insurance policy for your injuries.
  • Pedestrians: If you were struck by a car while walking, you can claim compensation from the driver’s insurance policy for your injuries.
  • Company vehicle accidents: If you were using a company car at the time of the accident, workers’ compensation claims may apply in addition to potential third-party claims depending on the circumstances.

It’s important to flag that this is not an exhaustive list, and the specifics of your situation will determine the best course of action.

If you’ve been injured in a car accident, consulting with a qualified motor vehicle accident lawyer can help you understand your rights and explore all potential avenues for compensation.

You're in Expert Hands

Contact us for confidential, free advice.

Understanding fault

Determining fault in a road accident to settle a personal injury claim can be a multi-step process.

Rita Furfaro, Special Counsel at GMP Law, explains the process for assessing fault and eligibility to file a damages claim starts with establishing whether you bear full responsibility or not.

If you are responsible (less than 61% at fault) and have sustained major or serious injuries, you will still be eligible for statutory benefits and can pursue a damages claim.

If you are primarily responsible (over 61%) but not entirely to blame, you might still be eligible to claim damages (if you also have non-threshold injuries). Your compensation will be decreased based on the percentage of contributory negligence and you will no longer be able to receive statutory benefits. For example, if a pedestrian crossing the road fails to cross at a green pedestrian light or zebra crossing meeting and is determined to be 50% at fault, their final lump sum payout therefore will be reduced by 50%.

If you are entirely at fault, such as rear-ending someone without external factors involved, then you are not eligible for statutory benefits or a lump sum damages claim.

In many cases, both drivers present at the scene of a motor accident will claim the other person is at fault. If there are witnesses or camera evidence, this can help bolster a compensation claim. If not, the case may need investigation and fault will have to be determined by the Court.

In any case, there are common scenarios where fault is usually assigned:

  • Read-end collisions: The car that hits from behind is usually at fault, especially if both vehicles were moving forward.
  • Rolling cars: If a car rolls backward and hits another car, the rolling car is typically at fault.
  • Multi-car pileups: Fault can be shared depending on the cause of the pileup. An investigation is needed to determine who’s responsible.
  • Reversing cars: The moving car is typically at fault unless both drivers were reversing at the same time.
  • Parked cars: A moving car hitting a parked car is usually the moving driver’s fault.
  • Animal strikes: You may be considered at fault for hitting farm or domestic animals if they have the right of way. Some states, such as Queensland, still adopt the English common law rule where this is the case. If you hit an unrestrained dog, you may be able to lodge an accident claim against the animal’s owner for not restraining the animal and allowing it to pose a hazard to drivers.

 

Learn more: How is fault determined in a car accident?

What to know about car accident injury compensation

Being in a car accident can turn your world upside down. The physical pain, emotional trauma, and financial stress can feel overwhelming. If someone else’s negligence caused your accident, Australian law allows you to seek compensation for your injuries.

An experienced personal injury lawyer will work with you to ensure you’re maximally compensated, but building your case is key.

Evidence and your right to compensation

Winning your compensation claim hinges on proving the other party’s fault.

Here’s what evidence can strengthen your case and the documents your lawyer will likely ask you for:

  • Police reports: These document the accident scene, witness statements, and initial observations by law enforcement.
  • Pictures: Take photos of the damage to your vehicle, the accident scene, and any visible injuries you sustain.
  • CTP insurance information: Source this for everyone involved in the auto accident, including the contact information for the CTP insurer against whom an accident claim can be made, and what person held the car insurance policy at the time of the road accident.
  • Witness statements: If anyone saw the accident, get their written statements and contact information.
  • Medical records: Collect all medical documentation detailing your injuries, diagnoses, and treatment plans.
  • Proof of lost wages: This could include your work schedule or a letter from your employer.

 

Injury and compensation

Discover how much compensation GMP clients have recently received for car accident injuries.

A passenger in a car collision

$325,000

Compensation for car accident collision caused when changing lanes

$250,000

Motor vehicle accident with major life-changing injuries

$1,900,000

Find out how much you can claim today.

What can you claim for a car accident injury?

In Australia, car accident injury claims typically focus on compensating you for the losses you experience due to the accident, particularly if the accident wasn’t your fault.

Here’s a breakdown of what you can claim for, along with examples of how it applies to major car accident injuries.

  • Medical expenses

This covers all costs associated with treating your injuries, including ambulance fees, hospital stays, surgery, doctor visits, medication, physical therapy, and any future medical needs arising from the accident.

For example, if you suffer a spinal cord injury requiring surgery, ongoing physical therapy, and pain management medication, your medical claim expenses would cover these costs.

  • Lost wages

If your injuries prevent you from working, you can claim compensation for lost income during your recovery period. This may also include future lost wages if your injuries permanently impact your ability to work.

For example, a fractured leg that requires surgery and extensive physical therapy might prevent you from working as a construction worker for several months. Your lost wages claim would cover your income during that time.

  • Pain and suffering

This compensates you for the physical and emotional pain you experience due to the accident. The severity and duration of your pain and suffering will significantly impact the amount awarded.

For example, chronic pain and emotional distress resulting from a traumatic brain injury could qualify for significant pain and suffering compensation.

  • Loss of capacity

This covers the loss of your ability to perform everyday activities due to your injuries. This could include things like cleaning your home, caring for yourself, or participating in hobbies.

For example, a severe arm fracture might limit your ability to dress yourself or drive, leading to a loss of capacity claim.

Claims process for car accident injuries

The claims process can be complex, so consider consulting a qualified car accident lawyer to guide you through the steps. They can assess your case, determine if you have grounds for a claim, and estimate your potential compensation.

Here’s a simple breakdown:

  1. Seek medical attention: Your health is the priority, Get medical attention for your injuries and keep all related documentation.
  2. Notify police: Report the accident to the police as soon as possible, especially if there are injuries, significant property damage, or the at-fault driver leaves the scene. Legally, a report must be made within 28 days of the accident.
  3. Notify insurers: Contact your car insurance company and the at-fault party’s insurer to notify them of the accident. The timeframe to claim car accident injury compensation varies across Australia. In NSW, for example, insurers must be notified within three months of the date of the accident.
  4. Gather evidence: Collect evidence like police reports, accident scene photos, witness statements, and proof of lost wages.
  5. Consult a lawyer: A lawyer can review your case, advise on the best course of action, and handle communication with insurers.
  6. Negotiate a settlement: Your lawyer will negotiate with the at-fault party’s insurer to secure fair compensation for your injuries, medical expenses, lost wages, and pain and suffering.

Frequently Asked Questions

Commonly asked questions concerning public liability compensation claims.

If you’ve suffered a major injury, you will be applying for common law damages in NSW. This is delivered as a lump sum payment.

To be eligible, you must be:

  • Not at fault in the accident, and
  • More seriously injured.

The claims process involves:

  1. Completing an application for damages under common law form found on the State Insurance Regulatory Authority (SIRA).
  2. Completing an application for personal injury benefits claim form.
  3. Submitting both applications along with supporting documents to the insurer. The documents typically include proof of the accident (photos, police reports, and more), proof of medical expenses (receipts) and a certificate of fitness.
  4. The insurer will then investigate your claim.

Learn more: NSW Motor Vehicle Accident Claims

While you ideally want to wait until you understand the full extent of your injuries, don’t delay filing a claim. In Australia, depending on what state or territory you are located in, you generally have between 6 months and 3 years from the accident date to lodge a claim.

Learn more: How Long After a Car Accident Can You File a Claim in Australia?

After filing your claim, here’s a general idea of what to expect:

  1. Investigation: The insurer will investigate the accident, including reviewing all evidence. They will then contact with you further requests for information. You will likely be required to undergo medico-legal examinations.
  2. Negotiation: Your lawyer will negotiate with the insurer to secure fair compensation for your medical expenses, lost wages, pain and suffering and other losses.
  3. Settlement or legal action: If you believe a fair settlement is reached, you will receive compensation. However, if an agreement can’t be reached, your lawyer will likely advise you to pursue legal action.

Learn more: NSW Motor Vehicle Accident Claims

When to involve a lawyer

Ideally, you should enlist the help of a personal injury lawyer as soon as is practical after being injured in a car accident. A lawyer can ensure you receive all the compensation you’re entitled to, especially considering the potential financial strain from lost wages, immediate medical bills, and even ongoing costs if your injury causes chronic issues.

Don’t wait to seek legal help. Even if you don’t engage a lawyer right away, there may be times later when you realise you need a professional’s guidance. A lawyer with a strong understanding of personal injury lawyer can help you navigate the claim process and potentially secure multiple awards, such as CTP insurance and workers’ compensation (if applicable).

Two such times when you might engage a lawyer at a later date include:

1. You receive a low payout offer from CTP insurance

Beware of the lowball offer. CTP insurers often make a quick settlement offer that falls short of what your claim is truly worth. Don’t be pressured to accept this initial amount.

GMP Law can help you build a strong case and fight to ensure you receive the maximum compensation you deserve for your injuries.

2. The other party ghosts you

If the driver at fault fled the scene, finding them can be challenging. GMP Law can leverage the evidence you have and work tirelessly to track down the perpetrator and secure the compensation you deserve.

GMP Law can help

A car accident can turn your life upside down, but worrying about compensation shouldn’t be another thing on your plate. GMP Law has a team of qualified motor vehicle accident lawyers that can take care of the ins and outs of lodging and pursuing a claim while you focus on recovery.

In most cases, we can get the appropriate parties to offer a suitable settlement to avoid going to court. Typically we don’t advise accepting the initial offer, as it will be low and there will be pressure to accept it before you even know the full extent of your motor vehicle accident injury.

While most claims will be settled with the assistance of a qualified car accident lawyer, if you need to go to court, we have the resources to support you and will be by your side the entire way. We are committed to ensuring that you receive the car accident compensation you deserve.

We are one of the largest compensation claims specialists in Australia, winning over $4 billion for our clients. Contact Gerard Malouf & Partners today for no-obligation legal advice about your claim.

We're here to help maximise your compensation

Book your free, confidential consultation with one of our personal injury lawyers using the form below, or simply call us 1800 004 878 for legal advice.

By submitting this form you agree to our Privacy Policy.

gerard-malouf-2
Class Actions
At GMP Law, we have extensive experience in class action lawsuits, amplifying the voices of individuals who have experienced similar harms or losses.
About Us
Gerard Malouf & Partners have provided friendly, experienced legal advice to communities across Australia for over 35 years. Our Personal Injury Lawyers have taken on ten’s of thousands of cases and we are proud to have won billions of dollars for our clients.
Lawyers
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.
Resources
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.

Your location is currently: