Motor Accident Compensation
If you’ve been involved in a motor vehicle accident – you’ve come to the right place.
The law concerning motor accident compensation changes constantly and you need an expert fighting your case who’s up-to-date with these changes.
We have specialist lawyers who live and breathe motor accident compensation. They have successfully pursued cases in the Supreme Court and the Court of Appeal and have broken new ground legally. So rest assured that our team will give you the best advice on how to get what you deserve as quickly as possible.
Did you know?
- Whether the accident was your fault or not, you may be entitled to compensation.
- Time limits apply at each stage of the compensation process – so make sure you have the right legal advice from the start.
- CTP policies are now issued by only 4 big insurance companies (NRMA, Allianz, GIO/AAMI and QBE) each of whom has a dedicated, well-resourced team assigned to every claim who are tasked with keeping payouts to a minimum. Make sure you have an experienced lawyer on your side when facing these odds.
- Motor accident claims may be brought by drivers, passengers, pedestrians, cyclists, motorcyclists in claims involving cars, buses, trucks (or even forklifts), stolen or unregistered vehicles, trams and trains – and even when the accident didn’t occur on a public road.
- If you cannot identify whether the vehicle responsible for your accident was unregistered or uninsured, you can still lodge a claim against the Nominal Defendant, however in the case of unidentified vehicles, extra steps must be taken in an effort to identify the vehicle.
What can I claim?
Damages are usually paid in a single lump sum, but some payments may be made before your case is finalized.
- Medical and treatment expenses – if liability is admitted by the insurer, you can claim your reasonable medical and treatment expenses from the insurer immediately, and you can claim all your future costs too.
- Financial hardship payments – if liability is admitted by the insurer, you can claim early payments of economic loss compensation if you’re suffering a wage loss and are in financial difficulty.
- Loss of income – If you cannot work or have lost income because of an injury suffered in an accident, or you’re likely to lose income in the future, these losses can be claimed from the insurer.
- Care and Domestic Assistance – If you require assistance at home because of an accident, or if you are no longer able to care for someone else, you may be entitled to claim for these past and future losses.
- Pain and suffering and loss of enjoyment of life – If your injury is permanent and crosses a 10% whole person impairment threshold, you may claim additional compensation for your impairment and suffering.
- Catastrophic injuries and minors – special compensation laws apply to children under the age of 16, and people who suffer very serious injuries are entitled to benefits under the Lifetime Care and Support Scheme, irrespective of who was at fault in the accident.
What do you need to do?
- Notify the police. If the police didn’t attend the scene of the accident, you should report it at the nearest police station or by phoning the Police Assistance Line on 13 14 44 within 28 days of the accident.
- Lodge your Accident Notification Form within 28 days of the accident. This needs to be done regardless of whether or not you were at fault because no time extensions are available. Also, ensure that the form is accompanied by a Medical Certificate signed by your doctor.
- If applicable, lodge a Motor Accident Personal Injury Claim Form. If someone else was wholly or partly injured in the accident, then a Motor Accident Personal Injury Claim Form should be lodged with the CTIP insurer of the at-fault vehicle within 6 months of the accident. This form is quite lengthy so make sure your lawyer helps you with this.
What if the insurer denies responsibility?
Occasionally, there may be a dispute about how an accident happened and who was at fault. If an insurer blames you and denies the claim – this isn’t the end of the matter. A decision of the insurer to deny liability for a claim can be overturned by a court. And it’s important that you have the right legal representation if this happens. We may have to retain road experts to provide expert reconstruction reports to prove that our client was in the right and is therefore entitled to compensation.
Motor accident compensation is a complex and highly specialised area of law. To make sure you get the best possible outcome for your case, consult a specialist practice like Masselos & Co. – who, with 45 years experience, can ensure you get the best possible outcome for your case. Contact us now.