Who is eligible to make a car accident claim
If you’ve been injured on the road, you could be entitled to car accident compensation. You may be eligible to make a claim if:
- you were injured while on the road, whether you are a driver, passenger, or pedestrian.
- someone you were dependent on is fatally injured in an accident involving a motor vehicle.
Your claim will depend on the state or territory in which the accident occurred as they all have different laws and road accident schemes.
Our accident lawyers can help you understand your options. We'll make the process of making a claim for compensation as easy as possible for you.
We have exceptional expertise in this area of law with a strong history of successful cases, and expert lawyers who are by your side to help you receive the best possible outcome.
Making a car accident claim
We can help you with your car accident insurance claim. Generally speaking, you'll need to:
- Report the car accident to the police. We can help you do this if you haven't already.
- Get a medical certificate to support your claim, preferably from your own doctor.
Our car accident lawyers will then fill out and submit a claim form with the relevant insurer - this will vary depending on what state you're in.
We will proactively work to get your rehabilitation costs covered as soon as possible, working closely with your healthcare providers. Our first priority is seeking funding for your treatment so you are not out of pocket and can access the rehab you need for recovery.
Time limits for making a claim
Time limits vary depending on the state your car accident claim is in, whether the person injured is an adult or a child, and who is at fault for the accident.
In some cases 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.
Missing a time limit can mean you're unable to make a claim, so it's important you talk to a car accident lawyer as soon as possible after your accident so we can provide you with this important information.
How long will a car accident claim take?
This will depend on the nature of the claim and seriousness of your injury, but most car accident claims take around 1-3 years to complete. We know you want to resolve the matter quickly, and our car accident compensation lawyers will be able to give you a good indication of how long the claim may take.
- Types of compensation
- What can be covered?
Types of compensation
Depending on where the injury happened and how severe the injury is, there are different options available to claim compensation, including:
- workers' compensation
- road accident compensation
- Total and Permanent Disability (TPD), part of your superannuation insurance
- public liability claim
What can be covered?
The car accident compensation and benefits you may receive vary depending on the state or territory in which your car accident occurred.
In some states you may have common law rights to sue the person who caused the accident. Common law claims usually involve money being claimed for:
- pain and suffering
- past and future medical expenses
- past loss of earnings
- future loss of earnings or loss of earning capacity
- past and future loss of superannuation contributions
- expenses arising from a death including funeral costs.
Apart from medical, hospital, and rehabilitation costs, you may be eligible to receive compensation for the following as part of your claim:
- nursing and disability services
- care services provided in kind by family and friends
- post-acute support services
- loss of amenity
- loss of wages and superannuation
- travel to and from medical appointments
- home and vehicle modifications
- costs associated with retraining for your job
- attendant care services, including attendant care while travelling overseas
- legal costs associated with your claim.
If you have any additional car insurance, you might also be covered for any damages to your or someone else's car. Learn more about car insurance claims.
Process for making a claim
Our specialist car accident and road injury lawyers will assist you with your claim and make sure you know about your options.
We'll keep you informed throughout the whole process and provide you with legal advice that is easy to understand.
Find out if you have a claim
If you've been in an accident, use our free claim check tool and find out in minutes if you have a claim. Our experienced road injury lawyers can advise you about your potential entitlements.
We’ll manage your claim.
We take care of the legal process on your behalf. Depending on the state you're in, this can vary depending on the insurance scheme. As a national firm, we have specialist road injury lawyers in each state, ready to help you.
If your car accident claim for compensation is successful, we'll process your payment as soon as we receive it.
We’re here to help. Get in touch with your local office.
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Our Canberra office is now closed, but our team continues to serve ACT clients and are available for phone and video appointments. If you need legal advice, 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.