MOTOR VEHICLE ACCIDENTS
Most of us, unfortunately have been involved in a motor vehicle accident at some point in our lives. With more than 1 car for every 2 people in Australia it is important for everyone to understand their rights and responsibilities should they be involved in an accident on our roads and in particular if someone was to be injured.
Injuries such as whiplash, lower back pain, contusions, concussion and muscular strains and sprains are common in motor accidents. In addition to this large accidents can have a psychological impact on our ability to drive, function and interact on the roads.
We have put together some information for commonly asked questions that our therapists often get asked by our patients.
Injuries such as whiplash, lower back pain, contusions, concussion and muscular strains and sprains are common in motor accidents. In addition to this large accidents can have a psychological impact on our ability to drive, function and interact on the roads.
We have put together some information for commonly asked questions that our therapists often get asked by our patients.
Frequently Asked Questions about your rights following a motor vehicle accident
1. If I have sustained an injury as a result of a motor vehicle accident should I submit a claim?
Yes you should always lodge a claim. There are strict timeframes that need to be met or you may risk losing your rights to claim if you do not meet the deadlines. You can always decide after making the claim not to go ahead with it. But if you become seriously injured afterwards (and injuries commonly don’t fully appear until months later) and haven’t made the claim within the timeframes, you may have lost your opportunity.
2. How long after my accident can I submit a claim?
For all persons injured in a motor vehicle accident (even if you were at fault)
You have 28 days to submit and accident notification form to the Compulsory Third Party insurance company of the other driver (CTP insurer). Submitting this form allows you to make a claim for treatment or lost earnings to injured persons up to $5,000 regardless of who was at fault. You must have reported the matter to NSW Police prior to making the claim (unless the Police attended at the scene). Strict compliance is necessary or you will lose your rights.
For persons injured in a motor vehicle accident where someone else was wholly or partly at fault
You still need to report the accident to NSW Police and within 28 days of the accident. You have up to 6 months to lodge a Personal Injury Claim Form. Forms can be easily downloaded from the website of the particular CTP insurance company or from the Motor Accidents Authority website.
In order to find out who the CTP insurer is simply call the MAA number on 1300 137 131 and you will need to give the operator the registration number for the vehicle who was at fault (or partly at fault) and the date of the accident.
3. What else do I need to do?
You should go to your doctor and chiropractor/physiotherapy to obtain a report to verify that you have suffered an injury from the accident. If you need time off work you should also get a medical certificate.
You should also seek legal advice to know what your full rights are and what you can do to help and protect yourself.
4. What happens after I submit a claim to my insurance company?
You should receive a letter or even a phone call from a claims assessor pretty soon after lodging the claim form. Under law the CTP insurer is required to either accept or reject your claim within 3 months of making the claim (unless the circumstances of the accident are in dispute which means that it could take longer).
If the claim is accepted, expenses in relation to your medical and health care in relation to the injury will be covered.
5. Do I need to see a solicitor?
It is strongly recommended that you see a lawyer as soon as possible after the accident and after seeing your doctor or health-care provider for the initial treatment. During this traumatic and stressful period you don’t want to have to deal with an insurance company by yourself who often may not have your best interests at heart. The law in this area is both complex and difficult and insurance companies have plenty of money to hire lawyers to protect them. A qualified and experienced lawyer will guide you through the entire process, help you with all the paperwork required and to protect you so that you can concentrate on your recovery.
6. Will I have to pay anything to the solicitor?
Most lawyers do not charge for fees for their time spent (professional fees) until the very end (unless your claim is fraudulent). Lawyers are also obligated under the law to provide you with a full and frank disclosure of how they will charge their fees prior to starting work.
7. What will the insurance claim cover me for?
For all persons injured in a motor vehicle accident (even if you were at fault)
Provided you have lodged an accident notification form and reported it to Police within the 28 day timeframe the CTP insurer will cover for your reasonable and necessary treatment and medical expenses and lost wages for 6 months up to a total maximum of $5,000.
For persons injured in a motor vehicle accident where someone else was wholly or partly fault
Provided that you have reported the matter to NSW Police within 28 days and lodged a Personal Injury Claim form within 6 months after the accident and if the CTP insurer admits fault, you are entitled to claim past and future lost wages, past and future treatment and medical expenses and in certain cases payment for the cost of domestic assistance if you are unable to perform household duties. In serious cases you may be entitled to a lump-sum amount of money for your pain and suffering (called non-economic loss damages) on top of the above.
8. What happens if I have not reported the accident to Police or lodged a claim on time?
If you were not the person at fault and you haven’t met the timeframes you may still be able to make a claim but you will need to able to give a good and satisfactory explanation as to why you were late. In this case you will need the assistance of a lawyer to help you get your claim through.
If you were at fault and have not lodged your accident notification form or reported the accident to Police within 28 days you lose your right to make a claim.
If you have any further questions. Call our practice to speak to a therapist on 9736 4491. Or follow the link to visit our partners at DTLegal.
Yes you should always lodge a claim. There are strict timeframes that need to be met or you may risk losing your rights to claim if you do not meet the deadlines. You can always decide after making the claim not to go ahead with it. But if you become seriously injured afterwards (and injuries commonly don’t fully appear until months later) and haven’t made the claim within the timeframes, you may have lost your opportunity.
2. How long after my accident can I submit a claim?
For all persons injured in a motor vehicle accident (even if you were at fault)
You have 28 days to submit and accident notification form to the Compulsory Third Party insurance company of the other driver (CTP insurer). Submitting this form allows you to make a claim for treatment or lost earnings to injured persons up to $5,000 regardless of who was at fault. You must have reported the matter to NSW Police prior to making the claim (unless the Police attended at the scene). Strict compliance is necessary or you will lose your rights.
For persons injured in a motor vehicle accident where someone else was wholly or partly at fault
You still need to report the accident to NSW Police and within 28 days of the accident. You have up to 6 months to lodge a Personal Injury Claim Form. Forms can be easily downloaded from the website of the particular CTP insurance company or from the Motor Accidents Authority website.
In order to find out who the CTP insurer is simply call the MAA number on 1300 137 131 and you will need to give the operator the registration number for the vehicle who was at fault (or partly at fault) and the date of the accident.
3. What else do I need to do?
You should go to your doctor and chiropractor/physiotherapy to obtain a report to verify that you have suffered an injury from the accident. If you need time off work you should also get a medical certificate.
You should also seek legal advice to know what your full rights are and what you can do to help and protect yourself.
4. What happens after I submit a claim to my insurance company?
You should receive a letter or even a phone call from a claims assessor pretty soon after lodging the claim form. Under law the CTP insurer is required to either accept or reject your claim within 3 months of making the claim (unless the circumstances of the accident are in dispute which means that it could take longer).
If the claim is accepted, expenses in relation to your medical and health care in relation to the injury will be covered.
5. Do I need to see a solicitor?
It is strongly recommended that you see a lawyer as soon as possible after the accident and after seeing your doctor or health-care provider for the initial treatment. During this traumatic and stressful period you don’t want to have to deal with an insurance company by yourself who often may not have your best interests at heart. The law in this area is both complex and difficult and insurance companies have plenty of money to hire lawyers to protect them. A qualified and experienced lawyer will guide you through the entire process, help you with all the paperwork required and to protect you so that you can concentrate on your recovery.
6. Will I have to pay anything to the solicitor?
Most lawyers do not charge for fees for their time spent (professional fees) until the very end (unless your claim is fraudulent). Lawyers are also obligated under the law to provide you with a full and frank disclosure of how they will charge their fees prior to starting work.
7. What will the insurance claim cover me for?
For all persons injured in a motor vehicle accident (even if you were at fault)
Provided you have lodged an accident notification form and reported it to Police within the 28 day timeframe the CTP insurer will cover for your reasonable and necessary treatment and medical expenses and lost wages for 6 months up to a total maximum of $5,000.
For persons injured in a motor vehicle accident where someone else was wholly or partly fault
Provided that you have reported the matter to NSW Police within 28 days and lodged a Personal Injury Claim form within 6 months after the accident and if the CTP insurer admits fault, you are entitled to claim past and future lost wages, past and future treatment and medical expenses and in certain cases payment for the cost of domestic assistance if you are unable to perform household duties. In serious cases you may be entitled to a lump-sum amount of money for your pain and suffering (called non-economic loss damages) on top of the above.
8. What happens if I have not reported the accident to Police or lodged a claim on time?
If you were not the person at fault and you haven’t met the timeframes you may still be able to make a claim but you will need to able to give a good and satisfactory explanation as to why you were late. In this case you will need the assistance of a lawyer to help you get your claim through.
If you were at fault and have not lodged your accident notification form or reported the accident to Police within 28 days you lose your right to make a claim.
If you have any further questions. Call our practice to speak to a therapist on 9736 4491. Or follow the link to visit our partners at DTLegal.
