If you have been hurt as the result of a motor vehicle or road accident, Maurice Blackburn’s dedicated team can fight for you. We will do everything possible to ease your burden during these difficult times. Our highly experienced lawyers understand every aspect of the road accident legal system and know how to get you everything you're entitled to and need.

You must first make a third party insurance claim with the appropriate agency in your state or territory, before taking legal action. Compensation laws vary in each state and territory, but all motor vehicle owners in Australia pay compulsory third party (CTP) insurance as part of their vehicle registration.

Unfortunately, your insurer will often not automatically offer to pay you the entirety of your compensation entitlements. We’ll provide you with expert legal advice that put your interests first. In Victoria, you also have access to the services of a dedicated Maurice Blackburn social worker free-of-charge, to help you get your life back on track.

If you happen to have an accident in a different state or territory to where your car is registered, you should seek legal advice about the best location to make your claim because entitlements vary considerably.

If you can’t identify the person who was at fault in your motor vehicle accident, you can make a common law claim against the ‘nominal defendant.

There are time limits for common law claims (where available). Time limits and laws also vary for children claiming compensation. We can provide details during your free first consultation.

Road safety experts

We are committed to being Australia’s leading road safety law firm. Every day we see the impact of road trauma on those involved, their families and their way of life. That’s why we focus beyond compensation and we’re working with governments, road user groups, enthusiasts, clubs, unions and advocacy groups across Australia towards our common goal of safer roads.

Read more about our road safety advocacy


FAQs - your questions answered

No. There are different compensation laws in every Australian state and territory. Where you should claim depends on where the accident happened, where you live, and the state in which your vehicle is registered. If these are not the same, it is important you talk to a lawyer to find out your rights and entitlements in both jurisdictions before you make your claim.

Compulsory Third Party (CTP) insurance schemes are in place in Victoria, Tasmania and the Northern Territory. They are different in each location, but generally cover a number of road, motor vehicle, motorcycle, bicycle, public transport and car accident types, including:

  • driver or passenger injured in an accident where the other vehicle was at fault
  • driver or passenger injured in a single vehicle accident
  • driver or passenger injured in a multiple vehicle accident where the driver is at fault
  • pedestrian hit by a vehicle
  • cyclist hit by a vehicle or hitting an opening door of a vehicle (‘dooring’)
  • cyclist injured by taking evasive action to avoid being hit by a vehicle
  • motorcyclist hit by a vehicle
  • motorcyclist injured by taking evasive action to avoid being hit by a vehicle
  • driver or passenger in a tram/bus/train accident, and
  • driver or passenger in a single vehicle accident caused by a defect in the vehicle, which caused the vehicle to run out of control.

Please refer to our brochure for further information relating to your state.

Compulsory Third Party (CTP) insurance in NSW is generally a ‘fault’ scheme. It covers a number of accident types, including:

  • a driver injured where another vehicle was at fault
  • a passenger injured in an accident with another vehicle
  • a passenger injured in a single vehicle accident
  • a pedestrian hit by a vehicle
  • a cyclist hit by a vehicle or hitting an opening door of a vehicle (‘dooring’)
  • a motorcyclist hit by a vehicle
  • a driver or passenger in a single vehicle accident caused by a defect in the vehicle, causing the vehicle to run out of control
  • children involved in accidents, and in some circumstances for medical expenses when they are at fault, or
  • medical expenses for blameless accidents, for example, circumstances where a driver suffers from a medical condition such as a heart attack or epileptic seizure or where an animal suddenly appears on the roadway.

Please refer to our brochure for further information, including the Lifetime Care Scheme.

Compulsory Third Party (CTP) insurance in Queensland and WA is a ‘fault’ scheme. It covers a number of accident types, including:

  • a driver injured in an accident where the other vehicle was at fault
  • a passenger injured in an accident with another vehicle
  • a passenger injured in a single vehicle accident
  • a pedestrian hit by a vehicle
  • a cyclist hit by a vehicle or hitting an opening door of a vehicle (‘dooring’)
  • a motorcyclist hit by a vehicle, and
  • a driver or passenger in a single vehicle accident caused by a defect in the vehicle, which caused the vehicle to run out of control
  • people injured when a vehicle cannot be identified or is unregistered
  • a person who witnesses one of these accidents, and
  • the dependants of someone who dies in an accident

Please refer to our brochure for further information relating to your state.

Compulsory Third Party (CTP) insurance in SA and the ACT is a ‘fault’ scheme. It covers a number of accident types, including:

  • a driver injured in an accident where the other vehicle was at fault
  • a passenger injured in an accident with another vehicle
  • a passenger injured in a single vehicle accident
  • a pedestrian hit by a vehicle
  • a cyclist hit by a vehicle or hitting an opening door of a vehicle (‘dooring’)
  • a motorcyclist hit by a vehicle, and
  • a driver or passenger in a single vehicle accident caused by a defect in the vehicle, which caused the vehicle to run out of control.

As of 1 July 2014, the ACT and SA have a system of no fault medical and like expenses.

Please refer to our brochure for further information relating to your state.

Depending on your location and eligibility to make a claim, you may be entitled to no fault benefits including medical and like expenses, loss of income payments and lump sum payments.

In some states you may also have common law rights to sue the person who caused the accident. You should talk to your lawyer about your rights. In a common law claim you can claim for pain and suffering, loss of amenity, loss of wages and/or financial loss (including superannuation), and medical expenses.

Strict time limits apply that vary in each state, and different laws apply for children.

Please refer to our brochure for further information relating to your state or contact us.

If you are eligible to make a no fault claim, you are likely to be covered for benefits such as:

  • medical and hospital (including pharmacy and counselling)
  • rehabilitation
  • nursing and disability services
  • post-acute support services, and
  • expenses arising from a death including funeral costs.

Please refer to our brochure for further information relating to your state.

In some states you may also be able to claim the reasonable costs associated with the motor vehicle accident, such as:

  • travel to and from medical appointments associated with your motor vehicle injuries
  • an injured person returning to work or retraining
  • home and vehicle modifications
  • attendant care services, including attendant care while travelling overseas,
  • home help, domestic assistance, gardening services, school tutoring and integration aides.

Please refer to our brochure for further information relating to your state.

Yes. Time limits vary between states and depending on whether the person injured is an adult or a child, and who is at fault for the accident. You may have as little as 28 days from the date of the accident to lodge your initial claim, while in other states you may have up to a year with a possible extension of up to three years. It is best to seek legal advice as soon as possible.

We provide our initial advice and evaluation for free.

Yes, the TAC is responsible for payments of compensation if a person is injured while travelling on a bus, train or tram.

In the case of a transport accident involving a tram, train or bus, a report of the transport accident must be made to the operator of that tram, train or bus. If this isn't done, the TAC is not required to accept the claim.

It's important to realise that there does NOT need to be a collision for a claim to be brought. It is sufficient if the person suffers an injury directly caused by the driving of the train, tram or bus (such as swerving or sudden stoppages/acceleration). You're also eligible if you are injured by the operation of the vehicle's doors. Any person injured in these circumstances is entitled to bring a claim on the TAC, to receive benefits which include:

  • no fault payment for medical and like expenses
  • no fault benefits for loss of earnings and loss of earning capacity
  • no fault impairment benefit payment, and in certain circumstances, potential common law benefit.

Time limits apply. The claim must be lodged with the TAC within 12 months of the incident (with discretion for the claim to be accepted up to three years). There is generally a six year time limit for bringing any claim for additional lump sum compensation either for impairment benefit payment or for common law compensation.

Maurice Blackburn will assist you with your CTP insurance claim. The process varies around Australia, but generally it involves:

  • reporting the accident to the police (if you haven't already done this, we can submit the report for you)
  • completing and lodging a Notice of Accident Claim Form with the CTP insurer of the vehicle at fault, within the strict time limits that apply, and
  • providing a special medical certificate with your claim, which should be completed by your own doctor if possible.

After you have made a claim, the CTP insurer must make a decision about whether they accept or deny liability (fault). While each case is different, the average claim generally takes between 1-3 years to resolve from the date of accident. This may seem like a long time, however, it is important not to finalise a claim too early, because all of your injuries and losses may not be assessable at an early stage. Reasons that claims sometimes take longer include injuries not having stabilised, difficulty in negotiating a settlement with the insurer or delays in the court process. It is important to remember that every claim is different. We will push to resolve your claim as quickly as possible, and we're happy to discuss timeframes with you.

In the vast majority of cases, claims are resolved without going to court. We can usually settle claims by negotiation. We keep you fully advised and informed through this process.

Yes, Maurice Blackburn pioneered representing clients on a 'no win-no fee' basis. We are happy to advise you on your situation during a free first consultation. Contact us now to make an appointment.