Car insurance claims lawyers

Motor vehicle insurance claims lawyers

Car insurance is designed to provide you with financial protection if your vehicle is stolen or involved in an accident.  You can make a claim on your car insurance for two main types of damages:
  • Damages done to your vehicle, or;
  • Damages done to someone else's vehicle caused by your vehicle.

Depending on your car insurance policy, you may also be eligible to make a car insurance claim if your vehicle was damaged by a fire, flood or if it was stolen.

If you own a car, purchasing insurance through a reputable provider is a good idea. Car insurance offers additional coverage on top of your Compulsory Third Party (CTP) insurance, which is purchased automatically when you register your car.

If you need to make a car insurance claim, it’s important to know that some insurers might not offer to pay you your full entitlement. That's where Maurice Blackburn comes in.  Terms and conditions vary between insurers, but our car insurance lawyers are experts at working through the fine print and can help you receive your full entitlement. We’ll provide you with expert legal advice that puts your interests first to help you succeed.

What is the difference between CTP and third party insurance?

CTP insurance is a mandatory form of car insurance in Australia that protects any person that you might injure while you are driving. It does not offer you any financial protection in the event you damage another vehicle, someone else’s property, or your own car.

The difference between CTP and third party insurance is the level of coverage they provide you.

  • CTP insurance: covers the medical costs of any injuries you cause someone while driving your vehicle.
  • Third party property insurance: covers the cost of damage you cause to other people’s property as well as legal costs, but not damage to your own car.
  • Third party fire and theft insurance: like third party property insurance, third party fire and theft insurance covers the cost of damage you cause to other people's property plus the legal costs - but also damages to your vehicle like fire and theft.

If you're having difficulty with a claim, it’s been rejected or you need to know what you are entitled to, get in touch. Maurice Blackburn’s car insurance lawyers are experts and can help you cut through any confusing terms in your policy so you know exactly where you stand and what you’re entitled to.

Why Maurice Blackburn?

We know that a car accident is stressful enough without having to argue with a well-resourced insurance company. Maurice Blackburn’s team of expert car insurance lawyers are ready to help you successfully lodge and succeed with your car insurance claim by:

  • Giving you advice on whether you have a valid claim
  • Helping you understand your entitlements
  • Collecting, organising and properly presenting any necessary paperwork
  • Negotiating with your insurance company
  • Fighting to get you the result you deserve

We even offer 'no win, no fee'* arrangements for these types of cases. This means that you don’t pay if your claim isn't successful.

We have car insurance lawyers across Melbourne, Sydney, Brisbane, Perth, Adelaide, Darwin and throughout regional Australia.

Contact us today to receive a free car insurance claim check and find out how we can help.

Frequently Asked Questions

Am I able to make a car insurance claim for fire or flood damage to, or theft of, my motor vehicle?

This depends on the level of coverage you have. Check your policy to see if you are covered or, contact Maurice Blackburn for assistance.

When making a car insurance claim, what is my duty of disclosure?

It depends whether your policy is a ‘consumer insurance contract’. That is, a policy obtained for the ‘personal, domestic, or household purposes of the insured’, or the insurer has nominated it as a ‘consumer insurance contract’.

If the policy is a ‘consumer insurance contract’ entered into after on or after 5 October 2021, you have a duty to take reasonable care not to make a misrepresentation to an insurer when you take out or renew your insurance policy.  That includes a duty to truthfully answer questions they ask.

Otherwise, you also have to tell the insurer anything that might be relevant to whether they will cover you. This is called a duty of disclosure. If you don't, your insurer might try not to deny your claim, although often with our help we can ensure you receive payment.

Relevant information could include any alterations you’ve made to your car, such as adding:

  • A new sound system
  • Special wheels
  • A security system

If you breach your duty of disclosure or make a misrepresentation, your insurer might try not to pay you, although often with our help you can fight to receive your full entitlement.

When should I make a car insurance claim?

As soon as possible is best, but you may still be able to claim after a long time following an accident. Contact us if you are having problems with your insurer or if you want to understand how to make a claim.

Is there a time limit for making a car insurance claim?

There are strict time limits for making car insurance claims, so making a claim as soon as possible will give you the best chance of receiving adequate compensation.

The time limit you must adhere to will depend on the type of claim you are making, for example:

  • An accident notification claim
    You must lodge this type of claim with your CTP insurer within 28 days of an accident.

  • A personal injury claim
    You must lodge this type of claim with your CTP insurer within six months of a car accident.

  • A fatal car accident claim
    If you have lost a loved one in a fatal car accident you must lodge your claim within six months of the date of the accident, or from the date that your loved one passed away.

  • A nominal defendant claim
    If you or your loved one have been injured in a hit and run accident you can file a claim under the NSW Nominal Defendant scheme. You must lodge this type of claim within six months of the accident.

Denials based on late lodgment can often be successfully overturned.  To be sure, it’s best to consult your local Maurice Blackburn trauma insurance experts to find out what time limit applies to your unique situation.

How do I make a car insurance claim?

Call your insurer (or go online) and tell them about the accident.
Your insurer will likely want to know the following details of the accident:

  • Date
  • Location
  • Name and contact details of the other driver/s

Your insurer will try to find out if the other driver/s have insurance, and will confirm who was at fault before assessing your claim and either rejecting or accepting it.

How long does a car insurance claim take?

Once you’ve provided your insurer with all the information they need, they should give you a decision on your claim within 10 business days.

Can rejected car insurance claims be appealed?

Yes, absolutely. You can appeal a rejected car insurance claim by:

  • Complaining in writing to your insurer’s Internal Dispute Resolution (IDR) Department
  • Complaining to the Australian Financial Complaints Authority (AFCA) but they usually require you to complain to your insurer first
  • Going to Court

If your claim is rejected, get in touch with your local Maurice Blackburn team and we can help you appeal.

Can I claim through the other driver’s car insurance?

Not usually, no. The insurance company of the other driver will not give you any information about the other driver or owner of the car. You can't make a claim against the other party's insurer unless they have made a claim on their own insurance policy.

No win, no fee*

Our insurance claim lawyers are experienced in winning fair compensation for our clients on a no win, no fee basis.

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