If you have been involved in a car accident and you are injured you may be entitled to compensation under the Motor Accidents Compensation Act 1998. Compensation is applicable under the Compulsory Third Party Insurance of the car at fault. This also includes if you were a passenger of the car at fault or a driver of a car that was not at fault.
Under the Motor Accidents Compensation Act 1998 “motor vehicle” includes a motor vehicle or trailer within the meaning of the Road Transport Act 2013 which defines a motor vehicle that is built to be propelled by a motor that forms part of the vehicle. This means that you are covered whether you are in any type of vehicle including but not limited to truck, motorcycle and forklift.
What am I entitled too?
Past treatment expenses that are reasonable and necessary. This covers treatment expenses such as physiotherapy, radiology investigations and any treatment related to the accident which your treatment providers believe is reasonable and necessary. You will initially receive a claim number that the expenses will be paid on and deducted from your compensation payment upon successful completion of your matter.
Future treatment expenses that are found to be reasonable and necessary. This covers what you may require in the future by way of payment in advance. It would need to be accepted as being a possibility future expense based on your injuries and disabilities. You would receive the payment upon successful completion of your matter as part of settlement.
You are entitled to past domestic care compensation which is compensation if someone was required to provide you with free domestic care (household chores) where you are residing because of the accident if the legal threshold is met and accepted.
You are also entitled to a payment for your future domestic care requirement that you may need for the future. This will be based on your injuries and what the accepted doctor believes you require into the future. Because this based on future you would receive payment for this upon successful completion of your matter as part of settlement.
Economic Loss (loss of income/opportunity)
If you lose income or opportunity because of the accident then you are entitled to claim for those losses as part of your claim. For the past it will be based on the loss involved during the claim and would need to be causally related to the accident.
If because of the accident it is accepted that you have a reduced capacity to work into the future you are also entitled to claim for future loss of income/opportunity. This is based on how much reduction you have with regards to your ability to work in the future. You would receive the payment upon successful completion of your matter as part of settlement.
Pain and Suffering
If your injuries reach over 10% whole person impairment which is a threshold set by law as determined by an Independent Medical Examination and that examination is accepted you are entitled to claim damages for pain and suffering which is a separate entitlement to the above entitlements.
Call one of our experienced lawyers who will assist you and relieve you the process. There are time limits that apply to lodging a claim.
What if I can’t find the vehicle at fault?
If you were a victim of a hit of run and you were not at fault you are still entitled to compensation if you are injured. An insurance company will be nominated and it will proceed as normal if you can establish that you took reasonable steps at identifying the vehicle.
What if I am at fault?
You are entitled to claim up to $5,000 by completing an Accident Notification Form through the State Insurance Regulatory Authority. This can cover you for treatment expenses of loss of income. You could be entitled to more through your own CTP Insurance Policy which you should contact for advice.
Legal costs and disbursements are also included in settlement which means a contribution to the costs are covered in the compensation. Whilst you do not pay for legal costs and disbursements out of pocket, they are deducted upon successful completion of your matter.