Been injured in a car accident? You’re probably dealing with a lot right now – pain, time off work, mounting medical bills, and an insurer that isn’t in a hurry to help you. You shouldn’t have to work out your rights on your own while you’re still recovering.
Whitelaw McDonald has represented injured drivers, passengers, cyclists and pedestrians across Newcastle and the Hunter for over 40 years. We’re not a national call centre – we’re your neighbours, and we’ve built our name on looking after local people when they needed it most.
Talk to us about whether you have a claim and get some free advice. No obligations.
If you’ve been injured in a motor vehicle accident in NSW, you can generally make a claim regardless of who was at fault. You may be eligible if you were:
Every registered vehicle in NSW carries Compulsory Third Party (CTP) “Green Slip” insurance, and that’s what your claim is made against. It doesn’t matter if the at-fault driver was uninsured, unidentified, or fled the scene – you can still make a claim, including through the Nominal Defendant scheme in hit-and-run or uninsured vehicle cases.
If you’re not sure whether you have a claim, that’s exactly what your free case assessment with one of our team members is for – we’ll tell you plainly, one way or the other.
Under the NSW CTP scheme, everyone injured in a motor vehicle accident is entitled to statutory benefits for the first 52 weeks after the accident, regardless of fault. These cover:
If you were mostly at fault, or your injuries are classed as minor (“threshold”), these statutory benefits generally stop at 52 weeks.
If you weren’t mostly at fault and your injuries are more than minor, your statutory benefits can continue beyond 52 weeks, and you may also be entitled to make a common law damages claim – a lump sum that can cover:
In addition, related medical expenses could also be payable on an ongoing basis.
What you’re entitled to depends heavily on how your injuries are classified and who was responsible. Our lawyers can give you a realistic picture of your position after an initial assessment free of charge.
This is usually the first question people ask, and it’s a fair one – but it’s also impossible to answer accurately without knowing the details of your situation. What you may be entitled to depends on factors including the nature and severity of your injuries, their impact on your ability to work now and in the future, your ongoing medical and care needs, and how liability for the accident is ultimately assessed.
Because of this, we don’t publish figures or estimates – anyone who does before reviewing your specific circumstances isn’t giving you an accurate picture. What we can do is sit down with you, walk through your situation, and give you a realistic sense of your position. That conversation is free and comes with no obligation.
The claims process can feel daunting when you’re also trying to recover from an injury, so here’s a plain-English overview of what’s involved:
Report the accident within 28 days and get a police event number.
Ask your doctor for a Certificate of Fitness or Capacity documenting your injuries.
We can find out who insures the at-fault vehicle if you’re not sure.
Lodge for statutory benefits, ideally within 28 days to protect backdated payments.
Weekly income support and medical expenses while your claim progresses.
Once injuries stabilise, we assess whether a common law claim is available.
Most matters settle with the insurer or through the Personal Injury Commission – without going to court.
You don’t need to manage this process alone, or even understand all of it before you call us. We handle the paperwork, the insurer communication, and the deadlines – you focus on your recovery.
Motor vehicle accident claims in NSW run on strict timeframes, and missing them can cost you money you’re otherwise entitled to.
The earlier you get advice, the more of your entitlement you protect. If you’re reading this some time after your accident, don’t assume it’s too late – get in touch and we’ll tell you exactly where you stand.
If your situation doesn’t sound like a “typical” car accident, don’t assume that rules you out. Get in touch and we’ll tell you plainly whether you have a claim.
Fault isn’t always obvious straight after an accident, and sometimes it’s genuinely unclear who was responsible – or the accident happened without any clear “at-fault” party at all, like a single-vehicle accident caused by road conditions. You don’t need to have this sorted out before you contact us.
Everyone injured in a motor vehicle accident in NSW is entitled to statutory benefits for the first 52 weeks regardless of fault, while the question of liability is worked through. If fault is disputed or unclear, that’s part of what we help untangle – including gathering evidence, reviewing the police report, and dealing with the insurer’s investigation on your behalf. Don’t let uncertainty about blame stop you from getting in touch.
No two accidents are the same, and you don’t need a straightforward case to have a claim. We regularly help people who were injured:
“Thank you to the team at Whitelaw McDonald Lawyers for the great assistance with my personal injury claim. The service from Katina and Barry was excellent and resulted in my claim being quickly closed out. Thank you.”
Gerard M.
“Very capable firm with a knowledgeable team.”
Naomi S.
“I cannot recommend Kyah from Whitelaw McDonald property team highly enough. She was prompt, professional, and incredibly thorough. Every step of the was handled efficiently and with great attention to detail, making the experience completely seamless.
Her communication was excellent — always responsive, clear, and proactive in keeping me informed. I truly felt like everything was taken care of, and I had complete confidence in her work throughout.
If you’re looking for a solicitor who is reliable and genuinely cares about getting things done right, look no further..”
Kiani D.
Our Newcastle office is in Kotara, directly opposite Westfield Kotara, so we’re easy to find and easy to get to. We’re not a multinational firm with a satellite office here – we’re Newcastle born and based, and every case is handled by lawyers who live in this community.
Ross Whitelaw and John McDonald founded this firm in 1987. Since then, our team has recovered tens of millions of dollars for local people and their families. We handle motor vehicle accident claims of every kind – from minor soft tissue injuries to catastrophic, life-changing harm.
You don’t pay us unless we win your claim. We’ll explain exactly how costs work for your specific situation during your free first conversation, so there are no surprises.
Before anything else, we’ll sit down with you – in person, over the phone, or at your home or hospital bed if that’s easier – and talk honestly about whether you have a claim, and what your options are. We explain the process so you understand what’s involved. No pressure, no charge.
A car accident doesn’t just affect your legal position – it affects your whole life. We help clients deal with the CTP insurer, coordinate medical assessments, and chase up paperwork so you’re not left fighting on two fronts while you recover.
The vast majority of motor vehicle accident matters are settled through negotiation with the CTP insurer, or resolved through the Personal Injury Commission – not in a courtroom. We prepare every case as if it might go the distance, which is exactly why most don’t need to.
Our Newcastle office is located at 5/76 Park Ave, Kotara NSW 2289, directly opposite Westfield Kotara, so we’re easy to find. We’re close to public transport, and there is plenty of parking nearby.
We have a wheelchair-accessible entrance including a ramp and an elevator. In addition, if you can’t come to us, we also offer home and hospital visits.
You don’t need to have all the answers before you call us. Whether you’re not sure if you have a claim, you’re partway through a claim already and want a second opinion, or your claim has been disputed, get in touch for a free, no-obligation conversation.
If you would like an obligation-free consultation to see how we can best help you, or simply have questions, get in touch using our contact form or call 02 4941 8999.
Generally, yes – drivers, passengers, pedestrians, cyclists and motorcyclists injured in a motor vehicle accident in NSW can claim, regardless of who was at fault. Family members of someone seriously or fatally injured may also have a claim. Get in touch for a free assessment of your specific situation.
Everyone injured in a motor vehicle accident is entitled to statutory benefits for the first 52 weeks, covering lost income, medical expenses, and care costs, regardless of fault. If you weren’t mostly at fault and your injuries are more than minor, you may also be entitled to a common law damages claim covering pain and suffering, and loss of earning capacity.
Yes. You generally need to report the accident to police within 28 days, notify the CTP insurer within 28 days to have your statutory benefits backdated, and lodge your formal claim within 3 months. After 3 months, you’ll need to explain the delay to the insurer, so it’s best to get advice as early as possible.
Yes. Everyone is entitled to statutory benefits for the first 52 weeks regardless of fault. Whether you can also make a common law damages claim depends on the degree of fault and the severity of your injuries – we can assess this for you.
You can still make a claim. NSW’s Nominal Defendant scheme covers accidents involving uninsured or unidentified vehicles, including hit-and-run accidents. We can guide you through this process.
Yes. Pedestrians and cyclists injured by a motor vehicle in NSW are covered under the same CTP scheme as drivers and passengers, and are entitled to statutory benefits and, where appropriate, a common law claim.
Yes, in all cases. You need to report the accident to NSW Police within 28 days and obtain a police event number, which is required for your CTP claim.
We act on a No Win, No Fee basis for motor vehicle accident claims. You don’t pay us unless we win your claim. We’ll explain exactly how costs work for your situation during your free initial consultation.
It depends on the complexity of your injuries and whether liability is disputed. Straightforward statutory benefits claims can be resolved within months; common law damages claims involving more serious injuries typically take longer, and most are resolved through negotiation rather than court.
This is something to discuss with us directly and as early as possible – the position depends on your specific claim type and settlement terms. Keep your treating doctors and our team updated on your condition throughout the process.
Personal injury lawyers can assist by overseeing the following:
