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:
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.
Most people involved in a crash can make a claim, not just the driver. This includes:
Certain conditions must be met before you’re eligible to make a vehicle accident claim. These include:
Some factors can also disqualify your claim, including
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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:
The below evidence isn’t always available, but it can significantly help your claim:
Step 3: Formally start your claim
Here’s a step-by-step guide to starting the claim process:
Collect all your essential documents, including the police report or police reference number, medical records, witness statements, and any photographic or video evidence together.
Get advice from one of our lawyers, who can check you have all the required information. They can also help navigate the legal process.
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.
The compensation you can claim for a motor vehicle accident includes a wide range of things, such as:
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.
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.
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:
Choosing the right lawyer is essential for a successful claim. Here are some tips:
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 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.
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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.
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.
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