State road
accident schemes

Across Australia there are different state based road accident schemes. Find out about the different laws in each Australian state and territory.

ACT

Name of agency overseeing scheme: ACT Treasury

Insurers: AAMI, APIA, GIO and NRMA

No fault scheme: Partial – If injured is not completely at fault – Payment of up to $5000 for medical expenses and loss of earnings upon application. Laws are being changed. Check with us for more information.

Capacity to claim common law damages: Not required to satisfy threshold level of injury. 

Requirements:

  • Report accident to police.
  • Notify within 28 days of accident, claims against nominal Defendant must be notified within 3 months.
  • Complete Motor Accident Notification Form.
  • Written notification to insurer of at fault vehicle must be given within 9 months.

NSW

Name of agency overseeing scheme: Motor Accidents Authority (MAA)

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

No fault scheme: Fault-based scheme with some no fault benefits. No fault: Medical expenses & 6 months of loss of earnings in some circumstances. Lifetime care & support for catastrophic injuries. 

Capacity to claim common law damages: Yes.

Requirements:

  • Report accident to police.
  • Lodge Accident Notification Form within 28 days of accident and Personal Injury Claim Form within 6 months.

NT

Name of agency overseeing scheme: Territory Insurance Office (TIO)

Insurer: TIO

No fault scheme: No fault benefits: Hospital, medical and like, loss of earning capacity, impairment benefit lump sum if 5% or more impaired.

Capacity to claim common law damages: No.

Requirements: Complete Application for benefits within 6 months of date of accident (can be extended for up to 3 years).

QLD

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

Insurers: AAI Ltd, RACQ, Allianz, QBE Insurance

No fault scheme: Nil.

Capacity to claim common law damages: Yes. Unrestricted common law.

Requirements:

  • Report accident to police.
  • Notice of Accident claim form to be completed within:
    • 3 months and sometimes up to 9 months if claim is to be made against nominal defendant
    • within one month of first consulting a lawyer, or
    • within 9 months of accident or injury manifesting.

SA

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

Insurer: Allianz Australia

No fault scheme: Laws came into effect on 1 July 2014, introducing a level of no fault benefits. Check with us for more information.

Capacity to claim common law damages: Yes. A threshold level of injury must be reached to access common law.

Requirements: Complete an Approved Injury Claim Form, including a Prescribed Authority, as soon as practical if other vehicle unknown or within 6 months otherwise.

TAS

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

Insurer: MAIB

No fault scheme: No fault benefits - Hospital, medical, loss of earnings, house keeping, death benefits & funeral expenses.

Capacity to claim common law damages: There is no threshold level of injury required to be satisfied. 

Requirements:

  • Report accident to police.
  • Lodge claim form within 12 months of date of accident.

VIC

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

Insurer: TAC

Both fault and no fault scheme: Fault and no fault scheme.

Regardless of whether the accident is deemed to be your fault, you can still claim for reasonable medical and like expenses, lost earnings and a lump sum.

There may be further compensation if you’ve suffered road or motor vehicle accident injuries because of the negligent driving or fault of another person, and you reach the serious injury threshold. You may be able to bring a common law compensation claim for pain and suffering, and loss of earnings.

You must make a TAC claim before taking legal action.

Victorian clients of Maurice Blackburn also have access to the services of a dedicated social worker free-of-charge, to help you get your life back on track after an accident.

Capacity to claim common law damages: Yes, threshold level of injury must be reached.

Requirements:

  • Report accident to police.
  • Lodge claim form within 12 months of date of accident or injury manifesting (can be extended for up to 3 years).

WA

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

Insurer: ICWA

No fault scheme: Nil.

Capacity to claim common law damages: Yes.

Requirements:

  • Report accident to police.
  • Must complete a Notice of Intention to Claim.

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