Motor Vehicle Car Accident Injury Claims
When you are injured in motor accidents as a result of the fault or negligence of another person in one of the following situations you are entitled can claim related losses sustained from the CTP insurer of the vehicle/s at fault:
- The driving of a motor vehicle; or
- Action taken to avoid a collision; or
- A vehicle running out of control; or
- A defect in a vehicle causing the vehicle to run out of control;
All registered vehicles must hold a CTP policy of insurance in respect of personal injury caused by, through or in connection with the vehicle. This insurance does not cover property damage to a vehicle (ie smash repairs). It is only coverage in respect of personal injury and related losses such as loss of earnings, medical expenses, etc.
For injuries caused by trailers, special rules apply. In some cases the CTP insurer is the towing vehicle¹s insurer unless the trailer is separately registered. In other cases the insurer is taken to be the Nominal Defendant. The Nominal Defendant is a central fund set up to handle claims involving unisured vehicles.
An accident in which you sustain an injury must be reported to the Police. A claim cannot be commenced until the accident has been reported and the police give you a Traffic Incident Number (TIN). There are strict time limits in which the claim must be reported and we would recommend you report the matter as soon as possible.
If a vehicle at fault was unregistered, CTP insurance cover does not apply unless the accident happened on a road or in a public place when the Nominal Defendant will handle the claim. Public places include locations like some beaches on which vehicles are commonly driven.
Sometimes "fault" (or negligence) is attributed among persons ie between two drivers or a driver and a pedestrian. If fault is attributed in some way to the person injured, this is referred to as "contributory negligence".
Please note that in some jurisdictions there is a non-fault scheme in operation and therefore it is important that you get advice in relation to your particular matter. Therefore the first thing you should do is call Legal Compensation claim assistance service on 1300 850 441.
Notice of Accident
A claim must be lodged with the negligent party's CTP insurer as soon as possible. Different time limits apply in different States and Territories so you should act immediately.
Unidentified and Unregistered Vehicles
You are entitled to make a claim even if you are unable to identify a vehicle which caused the accident or it was unregistered. The claim is made against a government body called the Nominal Defendant who acts as CTP insurer.
You must take steps to try to identify the vehicle. This includes reporting the accident to the Police and seeking witnesses to the accident by, for example, placing an advertisement in a local newspaper and interviewing residents nearby to the accident scene.
Different time limits apply for a Notice of Claim involving an unidentified vehicle.
Mediation/Court Proceedings
You cannot file proceedings in Court until all pre-court procedures have been finalised.
If court action is necessary, a claim takes anywhere between 6 months and 2 years plus to conclude after the action is filed in court, depending upon different factors including which court you file proceedings in, delays in obtaining medical reports and delays in obtaining a trial date.
If you have a matter going to either mediation or court we would strongly recommend you have legal representation to ensure to position is protected.
The first thing you should do is call Legal Compensation assistance service on 1300 850 441.
Time limits apply, insurance companies want to pay you as little as possible - speak to specialist now.
All this FREE OF CHARGE. To make an online enquiry - click here 