How Much Can You Claim ?

Compensation Lawyers
The laws across Australia in relation to compensation for car accident injuries vary vastly between the States and Territories. In the majority of the States and Territories the laws are negligence (responsibility) based, however in Victoria or the Northern Territory they have a non-fault motor vehicle CTP (Green slip) scheme which covers losses including potential lump sum payouts for anyone injured in an accident involving a motor vehicle. It is therefore important that you discover your compensation entitlements ASAP and please immediately call the Australian Injury Helpline today for assistance.

One certainty is that if you are injured in motor accidents as a result of the fault or negligence of another person in one of the following situations you may be entitled to claim related losses sustained from the CTP (Green Slip) insurer of the vehicle/s at fault:

  • The driving of a motor vehicle; or
  • Action taken to avoid a collision; or
  • A vehicle running out of control; or
  • A defect in a vehicle causing the vehicle to run out of control;

All registered vehicles (cars, motorbikes, campervans, lorries, etc) in Australia must hold a current CTP policy of insurance. This insurance covers the driver / owner of the vehicle in respect of personal injury caused by, through or in connection with the vehicle. It only supplies coverage in respect of personal injury and related losses such as loss of earnings, medical expenses, etc and NOT for damage to a vehicle and related losses.

Reporting the Accident & Injury

An accident in which an injury was sustained must be reported to the police by law. As a rule a personal injury claim against the CTP insurance cannot be processed until the accident has been reported and the police supply you with a Traffic Incident Number. There are strict time limits in which the claim must be reported and we would recommend you report the matter as soon as possible.

A personal injury claim against the relevant CTP insurer needs to be lodged ASAP. There are strict time limits that apply to lodging such personal injury claims, which vary State to State and if this period expires prior to a claim being lodged it makes the pursuit of a claim significantly more difficult and sometimes impossible. It is therefore important that you discover your compensation entitlements ASAP and please immediately call the Australian Injury Helpline today for assistance.

If a vehicle at fault was unregistered or untraced, CTP insurance cover does not apply to the injured person unless the accident happened on a road or in a public place when the Nominal Defendant will handle the claim. You must take steps to try to identify the vehicle. This includes reporting the accident to the police and seeking witnesses to the accident by, for example, placing an advertisement in a local newspaper and interviewing residents nearby to the accident scene. The Nominal Defendant is a central fund set up to handle claims involving uninsured or unidentified vehicles. Public places may include locations like some beaches on which vehicles are commonly driven.


Negligence for the Accident

If the motor vehicle accident occurred in a State or Territory which has a negligence based CTP scheme, you may be required to prove you were an innocent party, either wholly or partially, before you are entitled to any compensation

With the police involved in the accident, obviously if they prosecute a driver of one of the vehicles for Negligent Driving (or a similar charge) this will go a long way towards deciding who will be held to blame for the accident. Whilst this is not the ‘be all’ of deciding liability for a motor vehicle accident and certainly cases involving serious injury may have in-depth investigations undertaken by insurance companies, adjusters and lawyers it is certainly an initial indicator.

Sometimes responsibility is attributed among drivers involved i.e. between two drivers or a driver and a pedestrian. If fault is attributed in some way to the person injured, whether a driver or pedestrian this is referred to as "contributory negligence".

It is therefore important that following the accident, you obtain the names and addresses of any witnesses to the incident and photographs of the location wherever possible.

If you are a passenger in a vehicle involved in a motor vehicle accident and are injured then ‘as a rule’ you will be considered an innocent party and entitled to pursue a claim irrespective of which driver was to blame for the accident.

You deserve to receive specialist advice on your compensation entitlements, taking into account the circumstances of how the injury was sustained and contact Australian Injury Helpline today for assistance.

REMEMBER – depending on what you were doing and where you were going when you were injured; you may also have compensation entitlements under other insurance. If you were working at the time of the accident, or even travelling to or from work, you could have entitlements under Workers Compensation. Please follow the following link to the Workplace Injury section of this site for further information on workplace injury accidents. For advice in this respect contact Australian Injury Helpline today.


What are you Entitled to Claim?

If you are entitled to claim losses arising from the injury sustained under the vehicle&’s CTP Insurance. Losses that may be able to be claimed include:-

  • Loss of Earnings
  • Medical Expenses
  • Out of pocket expenses
  • Compensation for 'pain & suffering'
  • Any other losses incurred relating to the injury sustained

Please note there are limits and thresholds applied to different aspects of the personal compensation claim on which you need advice and perhaps assistance. Please contact Australian Injury Helpline today by either completing the Free Case Review on this page or telephoning us on 1800 22 33 63.