How do I make a claim?

In order to make a claim for personal injury compensation you must first report the accident as soon as possible. If the police attend it is already done but if your accident was not attended you must make a report at the nearest station in the state where the accident happened. If it involved a car that drove off afterward (i.e. a hit and run) or was unregistered then you can still claim. You will definitely need legal advice if that is so. Whether you're the driver, a passenger, a cyclist, on a motorbike or simply a pedestrian that has been involved in an accident on Australian roads you should speak to an insurance claim solicitor if you intend to seek compensation for your injuries.

 There are strict timelimits for making claims to insurers so call the motor accident authority in your state as soon as you.  The links page has links to those authorities.

Who pays for my compensation? 

All registered cars will already have insurance cover from their car's insurer. There are also schemes that cover unregistered or unidentified motor vehicles.  Usually you have to be injured during the driving of the car although some accidents such as falling from for example a bus as it stationary may be covered.

You will need legal advice from accident claim solicitors at the earliest opportunity after your injury to advise you about these type of claims.

Insurance claim solicitors who specialise in MVA claims will provide initial advice as to whether your claim is worthwhile without charge so you should check it out.  If the firm you instruct decides to take on your case it will probably be with no charge up front although there may be expenses for medical reports.  Remember to ask about costs for lawyers including barristers and the expenses before signing anything.  If companies tout "no win no fee" slogans they must explain the fees if you do win.

When claiming for car accident injuries it is important to seek medical attention so that the pain and suffering you received from the MVA is sufficiently documented and therefore provable.   Car accident claims can fail due to the simple fact that the injured victim did not attend a hospital or G.P. to discuss the pain they were feeling.

Not only do medical notes go toward proving a road accident injury occurred, they also go to establishing the amount that should be awarded to the accidentally injured party.

Please note that if you were injured in a car driven by a friend or relative then it will not cost them personally.  Making a claim will not get them into trouble. It does not make a difference to the Police if you make a claim.  More importantly you will get help to get better from your injuries and the money you lose from not working. In recent years the laws have made it harder to make claims for fair compensation so you will need legal help to ensure you have the best chance to get some justice.

It is important that you seek independent legal advice from insurance claim solicitors at the earliest opportunity after your injury to advise you about the assessment process for claims.