Making a Motor Vehicle Accident Claim
By law, every car owner in Australia must register their vehicle in their state of residence, and obtain a mandatory Greenslip. This means that they are covered by an insurer in the event of a car accident.
If you have been in a motor vehicle accident, you are eligible to make a claim for compensation if you can prove that the car accident was the driver’s fault, or partial fault. However, if you were at fault, or if no party can be found to be at fault, you will not be eligible for Compulsory Third Party (CTP) Insurance.
What should I do?
Step 1
The first thing to do after your involvement in a motor vehicle accident is to see your doctor. Aside from attending to your health, it is vital that you have an official record of the injuries you suffered at the time of the accident.Step 2
Within 28 days of the accident, you must report the matter to the police, who have the major role in deciding who was at fault.Step 3
Within 28 days, complete an ‘Accident Notification Form’ in order to lodge a claim with the CTP insurer. Accident Notification forms can be obtained from the insurer involved. This form requires information such as your medical certificate, the police officer’s name and the station in which the accident was reported, and the traffic incident number. If you are using legal representation, this information should also be included the form. To find out who the insurer is, call the Motor Accidents Authority (
1300 137 600
) and tell them the registration number of the vehicle at
fault.Step 4
You should submit a Personal Injury Claim Form to the CTP insurer as soon as possible. Your claim may not be accepted if the insurer does not receive your completed Personal Injury Claim Form within 6 months of the accident. You can obtain the claim form from the insurer of the vehicle that caused the accident.Step 5
If the vehicle at fault in the accident, or partially at fault, was unregistered, you will need to make a “due search and inquiry” in order to lodge a claim with the Nominal Defendant. This means you’ll first have to report the accident to the police, then find and speak to witnesses to get the facts together to make a strong claim. To contact the Nominal Defendant insurer, call the Motor Accidents Authority (1300 656 919) in order to connect with the Nominal Defendant Scheme.If you have suffered injury as a result of a car accident, as a pedestrian, or in any other form of motor vehicle accident - Stacks/Compensation can help you.
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