What are statutory benefits?

Under Part 3 of the Motor Accident injuries Act 2017, statutory benefits are payable in respect of death or injury resulting from a motor accident in NSW.

Part 3 sets out the entitlements to, and calculation of, statutory benefits.

• If the death of a person results from the motor accident, statutory benefits are payable for reasonable funeral expenses.
• A person injured in a motor vehicle accident is entitled to statutory benefits for:
  • Reasonable and necessary treatment and care expenses relating to the injury from the accident, and
  • weekly statutory benefits if, as a result of the injury, the person suffers a loss of earnings or earning capacity.

Part 3 also sets out the restrictions and limitations on statutory benefits. For example:

• statutory benefits for a person who was wholly or mostly at fault in the accident is generally limited to a period up to 26 weeks after the date of accident.
• statutory benefits are not payable to an injured person who commits a serious driving offence related to the accident
• weekly statutory benefits payable after 26 weeks may be reduced for contributory negligence