MVA Claims

If you have been injured in a motor vehicle accident that was caused by the fault of someone else then you may be entitled to pursue compensation. In order to pursue compensation there are a number of procedural steps which must be completed within certain timeframes as below:

  1. The accident must be reported to police within 28 days
  2. A Motor Accident Claim Form must be completed and forwarded to the green slip insurer for the vehicle at fault within 6 months of the date of the accident
  3. If the matter does not resolve court proceedings must be commenced within 3 years of the date of the accident (In many cases the matter will not need to go to court and will instead be decided by a CARS Assessor from the Motor Accidents Authority)

If you are able to prove that your injuries have been caused by the fault of someone else you may be entitled to the following compensation:

  1. Past and future medical expenses
  2. Past and future wage loss
  3. Past and future domestic assistance (if you have received unpaid help then you must overcome the threshold of receiving the assistance for atleast 6 hours a week for a continuous period of atleast 6 months)
  4. Non-economic loss (pain and suffering) provided that your injuries are greater than 10% whole person impairment

In some circumstances you may be able to receive some limited compensation if you have been injured in an accident which was your fault. If you are very seriously injured then you may be entitled to obtain compensation to cover your treatment and care costs. Also, in some cases you may be able to claim up to $5000 worth of medical expenses and lost wages if you complete and lodge and Accident Notification Form within 28 days of the date of the accident.

Because of the procedural requirements and time limits that apply it is extremely important that you get legal advice as soon as possible after any accident to ensure that your rights to obtain compensation are not extinguished by delay or failure to comply with procedural steps.