Road Accident Claims Australia
Legal Helpline: ☎ 1800 352 100
Have you been injured in a road accident in Australia and don't know what to do?
If you don't know where or how to start the compensation process, call our Australian road injury compensation lawyers. If you are currently dealing with an insurance company or law firm and are unhappy about how they are handling your claim, you can turn to our legal team for obligation-free advice.
By speaking with our No Win No Fee lawyers, you are not under any obligation or pressure to pursue a claim. Simply call our legal helpline or complete the online enquiry form for a free consultation.
Am I entitled to compensation?
Anybody who uses a road is required by law to take reasonable care not to injure their fellow road users. If you are injured as a result of another road user's negligence then you may be entitled to compensation. Compensation laws vary between States/Territories, so your eligibility will depend on a number of things including where the accident occurred, which State/Territory your vehicle is registered in, your age, and how severe your injuries are.
Each State/Territory has its own agency which handles Compulsory Third Party (CTP) insurance claims. For example:
- Victoria: Transport Accident Commission (TAC).
- WA: Insurance Commission of Western Australian (ICWA).
- SA: Motor Accident Commission (MAC).
- Northern Territory: TIO.
Some State compensation schemes are "fault" based, whilst others are "no-fault" or a mixture of both. The best way to find out as to whether you are entitled to compensation is to speak with a personal injury solicitor. Our legal team is available to take your call at no-obligation to you.
What sort of road accidents are covered by motor accident schemes?
Most States and Territories have motor accident compensation schemes which cover:
- Injured drivers
- Injured passengers
- Pedestrian accidents
- Motorcycles and quad bike accidents
- Bicycle accidents
- Public transport accidents- Trams, Trains, Buses.
What can I claim?
Depending on the applicable law, you could be entitled to claims for all reasonable losses and expenses plus compensation for pain and suffering.
- Loss of wages and superannuation.
- Attendant and gratuitous domestic care because you have not been able to look after yourself and your family as a result of the accident.
- Medical expenses, surgery and medication.
- Physiotherapy and rehabilitation.
- Equipment aides, vehicle and home modification.
- Psychology and counselling.
- Permanent impairment.
- Expenses arising from a death such as funeral costs.
What kinds of motor accident injuries do solicitors deal with?
- Fracture (limbs, head, neck, pelvis, spine)
- Open Wound
- Soft Tissue Injury
- Neural Injury
- Intracranial Injury
- Traumatic Brain Injury
- Psychological Injuries (including witnessing road accidents).
- Fatal Injuries (claims can be made by the deceased's estate).
- Pre-existing injuries made worse by a motor accident.
How much compensation will I receive for my injuries?
Compensation payouts are assessed based on the extent of the injury or disability of the injured party, their age, effects on earning capacity and activities of daily living. Statutes set limitations on amounts that can be claimed on certain heads of damage such as general damages.
What can a road injury compensation lawyer do for me?
A lawyer can:
- Advise you of time limits in making a claim and get started on your case without delay.
- Help you report the accident to the police if you have not already done so.
- Assess the strength of the evidence in your case.
- Calculate the value of your claim.
- Prepare and lodge all necessary paperwork (including Notice of Accident Claim Form or Notice of Intention to Claim).
- Negotiate a settlement in your favour or take the case to hearing if necessary.
- Lodge an appeal in your case if necessary.
Should I pursue a road accident claim without a solicitor?
Making a compensation claim on your own without legal advice is risky because you can never be quite sure that what you are claiming is the maximum that you are entitled to under the law. This area of law can be quite complex to understand. Your car accident claim may also overlap with other areas of law including workers compensation, public liability, Total and Permanent Disability or superannuation insurance law.
Without legal training, a self-represented accident victim may be underpaid their entitlements as insurance companies are not in the business of automatically offering accident victims the entirety of their compensation entitlements. This is why most people who make a compensation claim choose not to act for themselves and hire a No Win No Fee car accident lawyer instead.
Why should I choose your solicitors?
Our Australian car accident lawyers:
- Are highly experienced and reputable personal injury specialists.
- Are tough negotiators and have handled hundreds of claims against many insurance companies and agencies, including AAMI, APIA, NRMA, QBE, GIO, Zurich, TIO, AAI Ltd, RACQ, Allianz, MAIB, TAC, and ICWA.
- Have settled a wide variety of personal injury compensation cases including claims valued from several thousands of dollars to multi-million dollar settlements.
- Are hard-working, professional and dedicated to acting for victims of road accidents and their families, not insurance companies.
- Are excellent advocates, representing clients in Courts, Commissions and Tribunals.
Our road accident solicitors can offer you:
- Obligation-free legal advice over the phone or in person (at our offices, in your home, your workplace or in hospital).
- A free initial assessment of your case including the likelihood of winning your case and what you may be eligible to claim.
- Appointments in offices across Australia.
- A No Win No Fee agreement.
What Time Limits are there for road accident claims?
It is best to seek the advice of a solicitor early on, before time limits expire. Time limits vary between States and can be as little as 28 days to 1 year from the date of the accident. Extensions are allowed in limited circumstances. There are also special time limits that apply to children injured in motor vehicle accidents.
If you have not yet sought legal advice, do not delay, as once the time limit expires, you may be legally prevented from claiming compensation. Call our team as soon as possible. If you have already retained a solicitor and you are unhappy with how they are handling your case, you are free to seek a second opinion from our road injury lawyers.
How long does a compensation claim take?
Generally speaking, 1.5- 2.5 years from the date of the accident. Whilst this may seem like a long time, it is important to remember that some injuries take many months or years to stabilise and therefore it is wise not to settle a claim too quickly as all your losses may not be fully assessable at an early stage. There are other factors which also influence the length of a case, including whether liability is disputed.
Will I have to go to Court?
The majority of cases are settled out of Court, so it is most likely that you will not need to attend a hearing.
What does it cost to hire a car accident lawyer?
Your first consultation is free. You may be eligible for legal representation on a No Win No Fee contract. No Win No Fee generally means that you do not pay your solicitor's professional costs unless your case is successful and you obtain compensation. The terms of such an agreement will be fully explained to you at your first consultation. Get in touch with our lawyers to find out how they can fight for your rights.
Legal Helpline: ☎ 1800 352 100
Notice for Australians (QLD and NSW): This website is not intended for viewing by residents of Queensland (QLD), Australia. The contents of this website do not apply to persons in QLD, or road accident claims that occurred in QLD or are connected with QLD. Legislation prohibits advertising of personal injury legal services in QLD. If you were injured as a result of a road accident in QLD or if you are a resident of QLD, we are unable to refer you to a solicitor. This referral service is not available for any QLD road accident claims, or road accident claims connected with QLD. Similarly, due to regulations in NSW, we cannot assist you if your motor accident occurred in NSW.
U.K and U.S.A Accidents: We are able to assist with compensation claims for auto accidents that occurred in the United Kingdom and America. Just complete the contact form to find out more. For information on medical negligence claims associated with treatment, contact Solicitor Advice.