Motor Vehicle Car Accident Lawyers

Strict time limits apply. The limit is 3 years from the date of the road accident for most claims, unless you were under 18 when the injury occurred. Much shorter time limits apply in certain circumstances such as hit and run incidents where the other party is unknown. To ensure all evidence can be gathered and no deadlines are missed, we recommend seeking legal advice as soon as possible. A notice of accident claim form normally needs to be lodged within 9 months of the accident.

Compensation is paid by the Compulsory Third Party (CTP) Insurer of the vehicle at fault. The claim is not made directly against the driver at fault, meaning the driver will not be out of pocket, nor will they have to find a lawyer to represent them. The CTP Insurer will deal with everything.

For example, if you were injured as a passenger due to the fault of your partner who was driving then you could bring a claim with no adverse implications on them.

If you are uninjured and are simply seeking property damage costs to pay for vehicle repairs then you probably won’t need a lawyer if you or the at-fault party have suitable insurance. However, if you or someone in your vehicle was injured then you should seek legal advice. 

You can download a notice of accident claim form from MAIC (Motor Accident Insurance Commission) and then lodge a claim with the compulsory third party insurer of the at-fault party.

However, without the ability to take the insurer as far as court, it is typically very difficult to directly negotiate an offer that will adequately compensate you for your loss of income, medical expenses and pain and suffering. An expert motor and car accident lawyer can help negotiate a suitable settlement.

The amount of compensation that can be claimed for a car or motor vehicle accident is calculated based on many factors such as the severity of your injuries, loss of income (past and projected future loss), loss of superannuation, surgery/medical expenses, your age plus pain and suffering.

Many minor car injuries such as less severe whiplash claims often settle for tens of thousands of dollars while severe motor vehicle injury claims such as those causing spinal cord injuries could be six or seven figure settlements. 

An assessment of your situation is needed before any projections can be given. Settlements reflect the long term impact on your life so it’s worth remembering that large settlements are associated with long term or life altering injuries.

The first priority after a car accident should be the safety of those on the scene. If someone is injured then you should call emergency services for paramedic and police assistance. If the police do not attend then you should report the incident to them and your insurer. 

Calling a lawyer isn’t something you need to do immediately after an accident but if injured it is best not to wait too long before seeking advice.

Starting a claim earlier can make it easier to gather reliable evidence and witness statements to prove liability and negligence of the at-fault party. It can also ensure no time limits are missed such as lodging a notice of accident claim form.

If you have been injured in a motor vehicle accident such as a car crash then it’s likely you will face medical expenses such as physio, occupational therapy, medication and possibly for surgery. Medical costs that can be covered by Medicare will be done that way and you may be eligible for some claims via your private health fund policy if you have one.

We can assist in making an insurance claim to get other out of pocket expenses paid by the CTP insurer of the at-fault party without you having to wait for the full compensation payout to settle.

When a settlement payout is made then the insurer's offer will factor in money already received for treatment to date as well as projected future costs.