Motor Vehicle Accidents

Different laws apply in different states and territories as to the definition of a ‘motor vehicle accident’.

Also the criteria to make a successful claim differs from state to state in different circumstances. For example, in NSW one can bring a claim for a ‘blameless accident’ or if the accident was your fault but you suffered ‘catastrophic injury’. ACT laws are different.

In some cases, you may be at fault in the accident, but if you were injured at work or on your way to or from work, you may still have a claim for workers compensation.

Important things to attend to when you have been involved in a motor vehicle include:

  • Make a report to the police if they did not attend the accident.
  • If you were injured, see a doctor as soon as possible and obtain a motor accident claim medical certificate
  • Make sure you obtain registration and other details of the other vehicles involved in the accident, particularly those at fault
  • Get details of any witnesses.

If the vehicle which caused the injury was uninsured or you are unable to identify the vehicle at fault, you may still be able to make a claim against the Nominal Defendant, an agency which stands in for a non-existent/unknown insurer.

If the person at fault was a friend or family member, some people feel afraid or embarrassed to make a claim, or feel that they will be doing that person a disservice or offending them by making a claim. As the claim itself will be handled by the insurer (or Nominal Defendant where appropriate), this need not be a concern.

Claims relating to motor vehicle accidents in the Australian Capital Territory must be brought in within the following time limits:

  • There are various time limits for making a claim in the ACT, but it is best if the claim is notified within 28 days of the date of accident if you want your treatment expenses to be attended to promptly.
  • Claims against the Nominal Defendant must be notified within 3 months of the date of accident.
  • Other strict time limits for notification also apply, so contact us to work out what these are.

New South Wales

In New South Wales the following time limits apply:

  • There are various time limits for making a claim in NSW, but it is best if the claim is notified within 28 days of the date of accident if you want your treatment expenses to be attended to promptly.
  • All claims must be made within 6 months of the date of accident.
  • Other strict time limits for notification also apply, so contact us to work out what these are.