Written by Gavan Carboni, Solicitor CVC Law & Conveyancing.

What NOT to Do if You’re Injured on the Road in NSW

If you’re injured in a car accident, it’s natural to feel overwhelmed. The shock, adrenaline, and stress of the moment can lead to decisions that may hurt your chances of getting the compensation you deserve. In NSW, motor accident compensation claims fall under the Motor Accident Injuries Act 2017, which sets out strict rules and time limits. Knowing what not to do after a crash is just as important as knowing what steps to take.

1. Not Seeking Medical Attention Immediately

Even if you feel “fine” after an accident, some injuries (like whiplash or concussion) may not be obvious straight away. Delaying medical treatment can put your health at risk — and it may also be used against you by the insurer to argue that your injuries weren’t serious or caused by the accident.

Tip: See a doctor as soon as possible and make sure your injuries are recorded in your medical notes.

2. Admitting Fault at the Scene

In the heat of the moment, it’s common to want to apologise — but saying “sorry” or admitting fault can be used against you. In NSW, fault can be determined by evidence, witness statements, and police reports. Let the authorities and insurers investigate before making any statements.

3. Failing to Notify Police or Your Insurer

If anyone is injured, you must report the accident to NSW Police. You should also notify your insurer within 28 days of the crash to preserve your right to claim statutory benefits like medical expenses and weekly income support.

4. Missing Strict Claim Deadlines

Under NSW law:

• You must lodge your Application for Personal Injury Benefits within 28 days to receive backdated payments.
• You have up to 3 months to lodge a claim, but delaying may limit your entitlements.

5. Not Collecting Evidence

Photos of the accident scene, vehicle damage, your injuries, and witness details can be crucial to your claim. Without them, it may be harder to prove what happened.

6. Trying to Handle It All Yourself

Insurers have experienced claims officers whose job is to minimise payouts. Having a personal injury lawyer means you have someone on your side to deal with the insurer, protect your rights, and make sure you get everything you’re entitled to.

The Bottom Line

A car accident can change your life in seconds. Avoiding these common mistakes can make all the difference to your recovery — both physically and financially.

📞 For advice tailored to your situation, contact Gavan Carboni at CVC Law & Conveyancing.

Our team is here to guide you every step of the way, so you can focus on your recovery while we handle the legal side.