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‘Fault’ and ‘No fault’ car accident lawyers

Road accidents can have devastating consequences for all involved, regardless of who may be at fault. It’s important to know that each Australian state and territory has different ‘Fault’ and ‘No fault’ accident compensation claim schemes to help people who have been injured.

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Maurice Blackburn’s national team of experienced ‘Fault’ and ‘No fault’ car accident lawyers can help you navigate the different schemes and get you the compensation you deserve from your accident claim. Contact us today.

What is the difference between ‘Fault’ and ‘No fault’ car accident schemes?

Each Australian state and territory have either a ‘Fault’ or ‘No fault’ road accident compensation schemes, common law rights or a combination of all three. 

‘At Fault’ car accident compensation schemes

Under a ‘fault scheme’ you can make a road accident claim for compensation if someone else caused the accident in which you were injured, including where there is a situation of contributory negligence (i.e. Both parties may be partially to blame).  

‘No fault' car accident compensation schemes 

‘No fault’ schemes accept claims no matter who caused the car accident. If you are eligible to make a ‘No fault’ car accident claim, it’s likely that you’ll be covered for expenses and compensation associated with:

  • Medical and hospital treatment (including pharmacy and counselling)
  • Rehabilitation
  • Nursing and disability services, and
  • Expenses arising from a death including funeral costs

In some states you may also be able to claim other reasonable costs associated with your car accident under the ‘No fault’ scheme, such as:

  • Travel to and from medical appointments associated with your car accident injuries
  • Returning to work or retraining with injuries
  • Home and vehicle modifications
  • Attendant care services, including while travelling overseas,
  • Home help, domestic assistance, gardening services, school tutoring, integration aides and more
  • Lump sum compensation

Common law claims

In some states and territories you may also have common law rights to claim further compensation from the person, or the insurer of the person, who caused the accident.

Under a common law claim you can seek compensation 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
     

How long after an accident can you make a ‘Fault’ or ‘No fault’ claim?

It's important to remember that strict time limits apply for making a ‘Fault’ or ‘No fault’ compensation claim in each state and territory. You may have as little as 28 days from the date of your accident to lodge your initial claim with the insurer. Different laws and time limits may also apply if children are involved in the accident. To ensure you don’t miss any cut-off times, seek professional legal advice as soon as possible. 

What road accident compensation schemes operate in my state?

Each Australian state and territory have their own unique ‘fault’, ‘no fault’ or combination car accident compensation scheme. They also have different eligibility requirements, so what you may be eligible to claim will depend on what state or territory the affected vehicle is registered and the location in which your car accident occurred.

The different ‘Fault’ and ‘No fault’ schemes can sometimes be confusing, but your local team of Maurice Blackburn car accident lawyers can help you understand your state’s scheme and help you make the appropriate claim for compensation. 

Find out what your state or territory offers for all types of road accidents below:

ACT

The agency overseeing scheme:
The Australian Capital Territory Compulsory Third–Party Regulator

Insurers:
AAMI, APIA, GIO and NRMA

‘Fault’ or ‘no-fault’ compensation scheme?
Fault scheme, but you can receive up to $5,000 for medical expenses for up to six months while the insurer determines whether their insured is at fault. Time limits apply and laws do change so check with us first for the most up-to-date information.

Common law damages?
Yes. 

Requirements:

  • Report the accident to the police.
  • You need to make a claim within 28 days of your car accident. However, if you know who is at fault, you have up to three months.
  • Within nine months of your accident, give written notification to the insurer of the person who caused the accident.
  • Complete a Motor Accident Notification Form.

NSW

The agency overseeing scheme:
Motor Accidents Authority (MAA)

Insurers:
AAMI, GIO, NRMA CTP, QBE and Zurich

‘Fault’ or ‘no-fault’ compensation scheme?
Fault scheme with some no-fault benefits. In some cases, you can receive compensation for medical expenses, up to six months of lost earnings, lifetime care and support for catastrophic car accident injuries.

Common law damages?
Yes. 

Requirements:

  • Report the accident to the police.
  • Lodge an Accident Notification Form within 28 days of your car accident.
  • Submit a Personal Injury Claim Form within six months.

NT

The agency overseeing scheme:
Territory Insurance Office (TIO)

Insurers:
TIO

‘Fault’ or ‘no-fault’ compensation scheme?
No-fault scheme. Benefits can cover medical expenses and your loss of ability to work. If your car accident injuries have caused you to be 5% impaired or more, you also can claim an impairment benefit lump sum.

Common law damages?
No.

Requirements:
Complete an application for benefits within six months of your car accident, although you may extend this deadline up to three years. Exclusions or reductions in your benefits may apply if you were unregistered, unlicensed, under the influence of drugs or alcohol, or not wearing a seatbelt at the time of your car accident.

SA

Name of agency overseeing scheme:
Motor Accident Commission (MAC)

Insurers:
Allianz Australia

’Fault’ or ‘no-fault’ compensation scheme?
Fault scheme with some no-fault benefits. Check with our team for more information.

Common law damages?
Yes, for serious injuries. 

Requirements:
You have six months from your car accident to complete an Approved Injury Claim Form, including a Prescribed Authority. 

You have more time to complete this if you don't know the person at fault.

TAS

Name of agency overseeing scheme:
Motor Accidents Insurance Board (MAIB)

Insurers:
MAIB

’Fault’ or ‘no-fault’ compensation scheme?
No-fault scheme. Benefits can cover medical expenses, lost earnings, housekeeping, and death and funeral expenses. 

Common law damages?
Yes.

Requirements:

  • Report the accident to the police.
  • Lodge a claim form within 12 months of your car accident.

VIC

Name of agency overseeing scheme:
Transport Accident Commission (TAC)

Insurer:
TAC

‘Fault’ or ‘no-fault’ scheme?
Both. If you are the ‘at fault’ driver, you can still make a claim for reasonable medical expenses, lost earnings and a lump sum. If the accident is someone else's fault, you may receive additional compensation for pain and suffering as well as lost earnings.

Common law damages?
Yes, for serious injuries.

Requirements:

  • Report the accident to the police.
  • Lodge a claim form within 12 months of your car accident.

If a car accident injury has not manifested immediately, you have 12 months (which can be extended to three years) from the date any injury first manifests to lodge a claim. You need to submit this form before you can take legal action. Different time limits apply for minors. 

 

WA

Name of agency overseeing scheme:
Insurance Commission of Western Australia (ICWA)

Insurer:
ICWA

‘Fault’ or ‘no-fault’ scheme?
Fault scheme.

Common law damages?
 Yes.

Requirements:

  • Report your car accident to the police.
  • Complete a Notice of Intention to Claim.

QLD

Name of agency overseeing scheme:
Motor Accident Insurance Commission (MAIC)

Insurers:
AAI Ltd (Suncorp Insurance), Allianz, RACQ, QBE Insurance,  and the Nominal Defendant

’Fault’ or ‘no-fault’ compensation scheme?
A combination of fault and no-fault, where certain injuries may be eligible for lifetime treatment, care and support. 

Common law damages?

Yes.

Requirements:

  • Report the accident to the police.
  • Complete a Notice of Accident claim form.

If the at-fault vehicle is identified, then the claim must be lodged within one month of first consulting a lawyer or nine months of the accident, whichever comes first. If the at-fault vehicle cannot be identified (i.e. hit and run), then the claim must be lodged with the Nominal Defendant within 3 months, and if the claim is not lodged within 9 months, you will lose your right to claim against the Nominal Defendant.

Steps for filing your claim with Maurice Blackburn:

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.

If you've been in a car 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 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.

Get in touch

Our lawyers will work with you through every step of the process

Take the first step towards justice and support. Our team of dedicated road accident lawyers is here to listen to your story and provide expert legal assistance and support.

Contact us today for a confidential, no-obligation consultation.

Need to speak to us sooner? Call us on 1800 111 222


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Aleesha Tanner

Aleesha Tanner

Associate, Work injury, Road injury, Public place injury

  • Townsville, QLD
  • (07) 4772 9627
Gino Andrieri

Gino Andrieri

Office Leader, Principal Lawyer, Work injury, Road injury

  • Melbourne, VIC
  • (03) 9794 0403
Janine Gregory

Janine Gregory

Head of South Injuries, Principal Lawyer, Public place injury, Road injury, Work injury

  • Melbourne, VIC
  • (03) 9605 2869
Jillian Barrett

Jillian Barrett

Principal Lawyer, Supervising Principal, Work injury, Road injury, Public place injury

  • Brisbane, QLD
    Ipswich, QLD
    North Lakes, QLD
    Toowoomba, QLD
    Sunshine Coast, QLD
    Browns Plains, QLD
  • (07) 3014 5023

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Select your state below

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.