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It’s natural to feel rattled or overwhelmed  in the aftermath of a crash. In the days and weeks that follow, you might have questions about your rights and whether you’re entitled to any compensation for your injuries or the damage done to your car. 

We’ve helped many people like you navigate the complex world of motor accident compensation. That’s why we’ve prepared this detailed guide answering some of the most common questions we hear, including:

  • whether you’re eligible to make a claim
  • how to make a claim if you’ve been involved in an accident
  • how much compensation you’re entitled to. 

While this guide covers everything you need to know, every case is unique. You can contact us at any time for tailored advice from our team. 

Introduction to vehicle accident claims

Most people involved in a crash can make a claim, not just the driver. This includes: 

  • any passenger injured in the accident
  • pedestrians and cyclists injured by a vehicle
  • third parties, which includes family members and dependents of someone who has died in fatal accident cases.
  • legal guardians acting on behalf of minors or someone who is incapacitated .
  • Any person involved in an accident outside of Victoria involving a Victorian registered vehicle.

Certain conditions must be met before you’re eligible to make a vehicle accident claim. These include:

  • Timely reporting: You need to report the accident to the police and relevant authorities within a reasonable period after the accident. A claim should be lodged with the Transport Accident Commission within 12 months from the date of the injury and within 3 years of the date of the transport accident. Different time periods may apply for minors when making a claim  .  
  • Medical documentation: A medical professional must assess and document your injuries. This might be at the hospital where you received treatment or by seeing your local GP as soon as possible after the accident. 
  • Driver’s fault: There needs to be evidence that the other driver was at fault or partially at fault. This can be difficult if there are no witnesses, but your lawyer can assist you with gathering evidence. 

Some factors can also disqualify your claim, including

  • A lack of evidence: You may not have enough evidence about what vehicles were involved, the drivers involved, and other details needed to support the claim. See below for more information about how to gather evidence for your claim. 
  • Delayed action: A delay in reporting the accident or seeking medical attention could cast doubt on your claim.

How to make a vehicle accident claim

Step 1: Immediately after the accident

Your safety and those of other drivers, passengers and witnesses are the most important things immediately after a crash. 

Make sure everyone is safe, and if you need to, call 000 for help from an ambulance and the police. 

Step 2: Collect essential information

After everyone is safe, you can start to collect information that will be essential to your claim. This includes:

  • If police arrive, request a copy of their report. If police do not attend, make sure to lodge a report with your closest police station as soon as you can so an official record of the event is created. Reporting the accident to the police is a critical step in proving your claim. 
  • Exchanging information with the other driver(s), such as their name, contact details, and insurance information. 
  • Noting the physical aspects of the vehicles involved, such as the make, model, colour and registration. 
  • Taking photos of the crash before vehicles are moved, including close-up shots of the damage done to the vehicle. Take photos of your physical injuries, too. 
  • Asking witnesses, including passengers in their other vehicles and any bystanders, for their names and contact details.
  • Seek medical attention for your injuries, no matter how minor they might seem at the time. What seems to be a small injury can become more significant as your adrenaline from the accident wears off and your body reacts to what has happened. Document all your medical visits and treatments in a notebook, as this can support and fill in the gaps of formal records provided by a hospital or your GP . Additionally, ask your treating practitioner for a document confirming the diagnosis of your injuries from the motor vehicle accident, as this can further substantiate your claim.
  • If the accident took place during work-related activities, such as driving between work sites or offices, you should report it to your employer as soon as possible.

The below evidence isn’t always available, but it can significantly help your claim: 

  • CCTV surveillance: Look for nearby businesses or traffic cameras that might have recorded the accident. Apartment buildings, schools and banks often have external camera surveillance. 
  • Dash cam footage: If you or any witnesses have dash cam footage this can be invaluable.

Step 3: Formally start your claim

Here’s a step-by-step guide to starting the claim process:

  1. 01. Gather your documents

    Collect all your essential documents, including the police report or police reference number, medical records, witness statements, and any photographic or video evidence together.

  2. 02. Consult a lawyer

    Get advice from one of our lawyers, who can check you have all the required information. They can also help navigate the legal process.

  3. 03. Submit your claim

    Submit the claim with your property damage insurer, the Transport Accident Commission (TAC), as well as your local authority, such as VicRoads in Victoria. This can often be done online through state-specific portals.

Common questions about vehicle accident claims (FAQs)

The compensation you can claim for a motor vehicle accident includes a wide range of things, such as:

  • Medical expenses: Covers all medical costs caused by the accident, including hospital stays, surgeries, medications, and rehabilitation (short-term and ongoing ).
  • Property damage: Covers repairs or replacement of your vehicle and other property caused by the crash.
  • Loss of income: Covers any income you’ve lost because of your inability to work while receiving treatment. 
  • Pain and suffering: Monetary compensation for physical suffering and emotional distress caused by the accident.
  • Psychological trauma: Covers the cost of psychological treatment if you suffer from mental injuries after the accident, such as post-traumatic stress disorder. 
  • Disability: Compensation for long-term or permanent disabilities resulting from the accident.

You should seek legal advice if you have out of pocket expenses or the insurer does not repay the full amount.

There are different factors to think about when calculating how much compensation you can claim after a crash. 

Some things can be easily calculated from receipts and invoices, while others – like pain and suffering – need more consideration.

When it comes to working out how much compensation you’re entitled to after an accident, each of the factors below is carefully considered and balanced to make sure you receive a fair sum.

  • Severity of injuries: The extent and impact of physical and mental injuries. Will your injuries resolve in the short term, or are you likely to be left with a lifelong disability?
  • Medical costs: This includes current and future medical expenses.
  • Income loss: Lost wages and loss of future earning potential if the injuries affect your ability to work.
  • Pain and suffering: The physical and emotional toll of the accident, as well as your treatment.
  • Property damage: The cost of repairing or replacing damaged property, which includes your vehicle as well as anything in it. 

Our lawyers can help make sure all relevant factors are considered as part of your application.

If you’ve experienced mental injuries after an accident, such as anxiety, depression, or post-traumatic stress disorder, you can still make a compensation claim.

Psychological trauma is a recognised form of injury, and you can claim expenses related to your treatment, as well as loss of income if this has affected your ability to work.

A claim should be lodged within 12 months. The Transport Accident Commission will have discretion to consider a claim for three years from the date of the transport accident only (unless the claimant is a minor). 

In some cases, circumstances, such as ongoing medical treatment or delayed discovery of injuries, can extend these timeframes – but there’s never a guarantee. It’s important to talk to a lawyer soon after an accident to make sure your claim is filed before the deadline.

If you’ve been involved in a motor vehicle accident, you can see if you’re eligible to make a claim by using our free online claim check

You can also contact us for a free consultation, where our lawyers will talk to you about your accident and share advice about your eligibility and the compensation you could receive.

If the other driver was uninsured, you might still be able to claim compensation through your own insurance policy, especially if you have uninsured motorist coverage. Some states also have schemes to cover accidents involving uninsured drivers. Our lawyers can help guide you in these circumstances.

Seeking legal assistance for vehicle accident claims

Why is legal support essential?

Gathering evidence for your claim and completing the required paperwork can be tricky enough on your own, but there are other good reasons why having a lawyer on your side is important for helping you get the best results.

Without legal support, you could:

  • Get less than you deserve: Insurance companies might offer you a lower sum, knowing you lack legal expertise, or try to rush your claim without properly considering your circumstances.
  • Face legal pressure: Opposing parties and their lawyers may try to overwhelm you with legal tactics and pressure. Your own lawyer will be able to help you call their bluff.
  • Missed opportunities: A lawyer can identify all possible compensation avenues and ensure your payout is as big as possible. 

How to choose the right lawyer for your claim

Choosing the right lawyer is essential for a successful claim. Here are some tips:

  • look for expert lawyers with a proven track record in vehicle accident claims
  • read reviews and testimonials online from past clients

check that the lawyer offers a ‘no win, no fee’ policy. This policy is designed to protect you by making sure a law firm cannot overload you with fees, even if they know your case is unlikely to succeed. We offer a ‘no-win, no-fee’ policy, which means you only pay if your claim is successful. 

Our expert road injury lawyers can help

Our specialist road injury lawyers are experienced in a range of claims related to road accident injuries. If you've been hurt on the road, we can help you understand your options. 

Easy ways to get in touch

We are here to help. Give us a call, request a call back or use our free claim check tool to get in touch with our friendly legal team. With local knowledge and a national network of experts, we have the experience you can count on. 

Office locations

We’re here to help. Get in touch with your local office.

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We have lawyers who specialise in a range of legal claims who travel to Australian Capital Territory. If you need a lawyer in Canberra or elsewhere in Australian Capital Territory, please call us on 1800 675 346.

We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.