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      How do I claim compensation from a motor accident?

      Quick answer

      To claim compensation from a motor accident, you must lodge a claim with your state insurer. Since each state has a different insurer, the exact rules that apply to you will depend on the state you’re claiming in.

      In some states, you’re entitled to compensation no matter how the accident happened. In others, you must prove that someone else was at fault to be eligible for compensation.

      In depth answer

      A road injury affects more than just your physical and mental well-being — it can severely impact your finances. That’s where a motor accident claim can help.

      You could receive compensation to cover your ‘economic losses’ such as medical bills, in-home care and lost wages. In some situations, you may also be eligible for compensation to cover ‘non-economic losses’. These are the emotional impact of the accident on your life, including pain and suffering.

      Importantly, every state has their own rules around motor accident claims. You can find our state-by-state guide to claiming motor accident compensation below.

      Different laws apply in different states. Please choose your state below so we can show you the most relevant content.

      In NSW, there are two ways you may be able to claim compensation: a no-fault claim and a negligence claim.

      No-fault claims

      You can make a ‘no-fault’ claim regardless of who caused the accident. To start your claim, you must file a police report within 28 days. You then need to lodge an Application for Personal Injury Benefits form with the Personal Injury Commission within 3 months of the accident. If you’re outside these time limits, you still have options — just speak to a lawyer as soon as possible.

      During the claims process, your injuries will be assessed as either threshold (minor) or non-minor. Depending on the severity of your injuries, you may be eligible to claim:

      • Weekly payments for lost income.
      • Hospital and medical expenses
      • Rehabilitation and home care costs.

      Negligence claims

      You may also have a negligence claim if:

      • Your injuries are non-minor.
      • The accident was caused (or primarily caused) by someone else.

      To begin your claim, you must first complete the Application for Damages Under Common Law form.

      Depending on how severely you’re injured, you may be eligible for compensation to cover:

      • Pain and suffering.
      • Lost earnings (both past and future).
      • Lost superannuation (both past and future). 

      To learn more about how much you could receive, head to our complete guide to motor accident compensation.

      In Victoria, there are two ways of claiming motor accident compensation: a ‘no-fault’ claim and a negligence claim.

      No-fault claims

      A no-fault claim allows you to get compensation no matter how the accident happened.

      To begin the claims process, you must report the accident to the Transport Accident Commission (TAC) as soon as possible. You then have 12 months to file a claim with the TAC. If you’re outside these time limits, there are still options available — just speak to a lawyer immediately.

      A successful claim means you can get compensation for:

      • Lost income.
      • Medical and hospital expenses.
      • Rehabilitation, physiotherapy and medication.

      If your injuries are permanent, you can also receive an additional lump sum payment.

      Negligence claims

      You may have an additional negligence claim if:

      • The road accident was caused (or primarily caused) by someone else, and
      • Your injury is ‘serious’.

      To start your claim, you’ll need to contact the TAC to obtain a Serious Injury Application. As part of this process, your injuries will be assessed by a relevant medical specialist. They will determine if your condition meets the requirements of a ‘serious’ injury.

      A successful claim means you may receive compensation for:

      • Pain and suffering.
      • Lost earnings (both past and future).
      • Lost superannuation (both past and future).
      • Care and support.

      You can find out more about negligence claims (including how the TAC determines ‘serious’ injuries) in our guide to motor accident compensation.

      To claim compensation in Queensland, you must prove that someone else caused the accident and your injuries are ‘severe’. You can still make a claim if the accident was partially your fault, but your compensation will be reduced.

      To start your claim, you need to report the accident to the police as soon as possible. After this, you must find the registration number of the ‘at-fault’ vehicle and lodge a Notice of Accident Claim form with the Motor Accident Insurance Commission (MAIC). The deadline for lodging this form is 9 months from the accident or 1 month from when you sought professional legal advice. If you’re outside these time limits, you still have options — just contact a lawyer right away.

      If your claim is successful, you may receive lump sum compensation to cover:

      • Pain and suffering.
      • Lost income (both past and future).
      • Medical expenses (both past and future).
      • Care and support services (both past and future).

      In South Australia, you can only claim compensation for a motor accident if you were not entirely ‘at-fault’.

      To start your claim, you need to file an Injury Claim form with the South Australian CTP Regulator within 6 months of the accident. If you’re outside this window, you may still have a claim — just speak to a lawyer as soon as possible.

      Your form must include extensive information about the accident, including how it happened, the registration number of all vehicles involved, and the South Australian police report number. You’ll also need to provide a medical certificate outlining your injuries, as well as evidence of your lost income and medical expenses.

      Depending on the severity of your injuries, you may receive compensation for:

      • Pain and suffering.
      • Lost income (both past and future).
      • Care provided by a loved one.
      • Loss of consortium (how your injuries impact your relationship with your partner).

      In Western Australia, you’re only entitled to compensation if the accident was not entirely your fault.

      To start your claim, you must report the accident to the police within 28 days. You’ll also need to file a report with the Insurance Commission as soon as possible. Even if you’re outside these time limits, there are still options available — just speak to a lawyer immediately.

      If your injuries are serious, the Insurance Commission will send you a Notice of Intention to Claim form and a Medical Authority form. They will then assess your claim and determine whether you’re eligible for compensation.

      Depending on how severely you’re injured, you may receive compensation for:

      • Pain and suffering.
      • Lost earnings (both past and future).
      • Medical expenses (both past and future).

      In Tasmania, there are two ways you can claim compensation after a motor accident:

      • A no-fault claim.
      • A negligence claim.

      No-fault claims

      You should report the accident to the police as soon as possible. You then have 12 months to complete both an Application for Benefits form and a Notice of Accident form. These both need to be lodged with the Motor Accident Insurance Board (MAIB). Even if you’re outside the time limit, there are still options available — just speak to a lawyer right away.

      If your claim is successful, you may receive compensation for:

      • Lost earnings.
      • Medical and rehabilitation expenses.
      • Home or vehicle modifications.
      • Professional care costs.

      Negligence claims

      If the accident was someone else’s fault (or only partially your fault), you may also have a negligence claim. To begin your claim, you must contact the MAIB.

      A successful claim may result in compensation to cover:

      • Pain and suffering.
      • Lost earnings (both past and future).
      • Medical expenses (both past and future).

      You can learn more about negligence claims with our detailed motor accident compensation guide. 

      In the Northern Territory, there are two types of motor accident claims you can make:

      • A no-fault claim.
      • A negligence claim.

      No-fault claims

      As the name suggests, you can make a no-fault claim regardless of who caused the accident. To begin your claim, you must lodge an Injury Claim form with the Motor Accidents Compensation Commission (MACC). While you have up to 3 years to lodge this form, we strongly suggest doing it within 6 months. The MACC is known to reject claims made more than 6 months after an accident.

      If you’re outside the time limit, you still have options — just speak to a lawyer as soon as possible.

      Negligence claims

      You may also have a negligence claim if the accident was:

      • Someone else’s fault, or
      • Only partially your fault.

      Unfortunately, you cannot make a negligence claim if the accident was entirely your fault.

      For claims worth less than $25,000, you must begin in the NT Civil and Administrative Tribunal. If your claim is worth more, your case starts in local court.

      A successful claim may result in compensation for:

      • Pain and suffering.
      • Lost earnings (both past and future).
      • Medical expenses.

      To learn more about making a negligence claim, head to our detailed motor accident compensation guide. 

      In the ACT, there are two ways to claim motor accident compensation:

      • A no-fault claim.
      • A negligence claim.

      No-fault claims

      You’re entitled to make a no-fault claim regardless of how the accident occurred.

      To begin your claim, file a police report about the accident within 24 hours. You must then complete a Personal Injuries Application and have your doctor fill out a MAI Medical Report. Make sure your submit both of these to the relevant Motor Accident Injuries Commission (MAI) within 13 weeks. If you’re outside these time limits, there are still options available — just speak to a lawyer as soon as possible.

      Unlike most other states, the ACT does not have a single insurer. Instead, each registered vehicle has its own MAI insurer. The relevant MAI insurer depends on the circumstances of your case:

      • The accident was your fault: submit the claim to your own MAI insurer.
      • Someone else caused the accident: submit your claim to the at-fault vehicle’s MAI insurer.
      • You’re unsure who’s at-fault: send your claim to your own MAI insurer.

      A successful claim means you may receive compensation for:

      • Lost wages.
      • Medical treatment and rehabilitation.
      • Home and transport modification.
      • Care services, like nursing, home maintenance and personal assistance.

      If your injuries are permanent, you may also qualify for an additional ‘Quality of Life’ benefit.

      Negligence claims

      If the accident was caused by someone else’s carelessness and your injuries are ‘significant’, you may have a negligence claim. To begin the process, you must file a Notice of Claim form with your MAI insurer.

      If you’re successful, you can receive compensation to cover:

      • Pain and suffering.
      • Lost income (both past and future).
      • Treatment costs (both past and future).
      • Paid domestic care.

      To learn more about negligence claims in the ACT, read our guide to motor accident compensation.

      How we can help 

      After a motor accident, you need financial help fast. Unfortunately, it can be tough to know how to start your claim and what compensation you’re owed. That’s where our expert motor accident lawyers come in.

      We have an extensive knowledge of the specific CTP and negligence laws in each state, and will ensure you meet all requirements. Your lawyer will also handle all paperwork and compile strong evidence to support your claim. This includes using our national network of experts to counter any evidence from other parties or your state insurer.

      As part of our comprehensive service, we will always investigate your additional claims. This includes negligence-based motor accident claims, as well as income protection and Total and Permanent Disability.

      Best of all, with our No Win No Fee Guarantee, your claim is completely risk-free. We cover every upfront cost, and there’s nothing to pay until we win your claim.

      Call us today for free advice tailored to your situation. Find out what claims you may have and how to get maximum compensation for your motor accident.

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