If you have suffered a physical or mental injury as a result of a car accident, you may be able to make a Motor Accident Compensation claim.
Motor Accident Compensation Claims can be made by:
- A driver, motorcyclist or cyclist injured in an accident where another driver or motorcyclist was wholly or partially at fault for the collision
- A passenger in a vehicle involved in a collision with one or more vehicles
- A passenger in a single vehicle collision
- A pedestrian struck by a motor vehicle or motorcycle
- A witness to an accident who suffered a psychological injury as a result of witnessing the accident
- A family member who suffered a psychological injury as a result of the accident
- A parent of an unborn child who has suffered injuries in utero
- Dependents of a person who died as a result of injuries sustained in the accident, in respect of a claim for funeral expenses and loss of dependency.
You can also make a motor accident compensation claim if you suffered from pre-existing physical or psychological injuries that have been made worse as a result of the accident.
The above list is not exhaustive and motor accident compensation claims can be made in a range of other circumstances.
Who is the Motor Accident Compensation claim made against? Who pays the compensation?
You can claim compensation from the CTP insurer of the vehicle at fault. If the vehicle at fault was unidentified or unregistered, you can make a claim against the Nominal Defendant.
Compensation is paid by the CTP insurer of the vehicle at fault or the Nominal Defendant.
If you were partially responsible for the accident, you can still make a claim though your compensation may be reduced on the ground of contributory negligence.
What can you claim?
Depending upon the nature and extent of your injuries, you may be able to claim compensation for:
- general damages
- past treatment expenses including rehabilitation
- past wage loss
- future wage loss
- future treatment expenses
- past loss of superannuation
- future loss of superannuation
Other types of compensation such as care and home modifications might be claimable in serious injury claims. Dependents can also claim the cost of funeral expenses and loss of dependency in the event of a fatality.
How do I make a Motor Accident Compensation claim?
To make a motor accident compensation claim you need to:
- report the accident to the police as soon as possible unless your injuries prevent you from doing so.
- lodge a Notice of Accident claim form to the CTP insurer of the vehicle you believe was at fault or partially at fault for the accident. You need to make sure that the medical certificate that forms part of the Notice of Accident claim form is completed by a doctor before submitting the form to the CTP insurer.
Please note that strict time limits apply to the lodgment of the Notice of Accident form, especially in relation to claims against the Nominal Defendant. If you have been injured as a result of an accident, you should seek legal advice about these time limits and your rights as soon as possible.
How long will it take to resolve my Motor Accident Compensation claim?
How long it will take to resolve your claim depends upon the significance of your injuries and how long they take to resolve or stabilise. Resolution of a claim may also be delayed if there is a dispute about who was at fault for the accident or the level of an injured person’s contribution to the accident (contributory negligence).
Most cases can be resolved within 18 months but more complex cases may take longer to complete.