Motor Vehicle Accident Claims

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Common Questions

Do I have a road accident claim?

All people injured by motor vehicles are covered by the Compulsory Third Party ('CTP') insurance scheme.

Claims that can be made under the CTP scheme cover a number of accident types, including if you are:

  • A driver or passenger injured in an accident
  • A pedestrian or cyclist injured by a vehicle
  • A motorcyclist injured by a vehicle
  • A driver or passenger injured in a public transport accident
  • If your child is injured in a road or transport accident
  • If you witness a death as a result of a motor vehicle accident
  • If you are a worker injured in a road or public transport accident while travelling for work or commuting to work.

This is not a complete list, so if you are not sure if your accident is included, contact us for a free consultation to find out. Remember, strict time limits apply to this sort of claim so it’s important to talk to a lawyer as soon as possible.

How much compensation will I get?

Under the statutory scheme, as long as you are not completely at fault, you can claim for:

  • Loss of earnings
  • Medical expenses
  • Ambulance bills
  • Travel expenses to and from medical appointments
  • Rehabilitation expenses
  • Re-training and assistance with returning to work
  • Household help
  • Personal care
  • Childcare
  • Counselling (including family counselling)
  • Cost of home and vehicle modifications
  • Gardening /home maintenance help

If the other party who caused your accident was at fault, then you can claim additional compensation for the following losses:

  • Damages for personal injury, otherwise called non-economic loss;
  • Loss of past and future income.
  • Loss of superannuation entitlements.
  • Future medical needs.
  • Future care and assistance required as a result of your injuries.

I was injured in a public transport accident, what should I do?

The better your accident is reported and documented, the easier it is for a lawyer to help you down the track. So, if you are injured on a bus, train, tram, or ferry, even if your injuries seem minor, we suggest you do the following:

  • At the scene, if possible

    1. Report the incident to the bus, train, or tram company responsible for the service
    2. Obtain details of any witnesses
    3. Take photographs if you can
  • After the accident

    1. See your doctor and ask them to provide you with a medical certificate of all your injuries, no matter how minor they seem
    2. Report the accident to the police and the public transport company (if you didn’t do this at the time of the accident)
    3. Get legal advice on what compensation you are entitled to (including medical expenses, loss of wages, and lump-sum public transport accident compensation)

You don’t want to lose your right to claim compensation, so it is important to seek legal advice sooner than later.

I was injured in a motor-bike accident, what should I do?

The better your motor-bike accident is reported and documented, the easier it is for a lawyer to help you down the track. So, if you are in a motorbike accident, even if your injuries appear to be minor, we suggest you do the following:

  • At the scene, if possible

    1. Report the incident to the police
    2. Obtain details of any witnesses
    3. Take photographs
  • After the accident

    1. See your doctor and get them to provide you with a medical certificate of all your injuries, no matter how minor they seem
    2. Report the accident to the police
    3. Get legal advice on what compensation you are entitled to (including medical expenses, loss of wages, and lump sum motor-bike accident compensation).

You don’t want to lose your right to claim compensation, so it is important to seek prompt legal advice sooner than later.

I was injured in a cyclist accident, what should I do?

The better your cycle accident is reported and documented, the easier it is for a lawyer to help you down the track. So, if you are in a cycling accident, even if your injuries appear to be minor, we suggest you do the following:

  • At the scene, if possible

    1. Report the incident to the police
    2. Obtain details of any witnesses
    3. Take photographs if you can
  • After the accident

    1. See your doctor and get them to provide you with a medical certificate of all your injuries, no matter how minor they seem
    2. Report the accident to the police
    3. Get legal advice on what compensation you are entitled to (including medical expenses, loss of wages and lump sum cyclist accident compensation).

If you were car-doored, this is included as a vehicle accident, even if the vehicle wasn’t moving.

If your accident was caused by a pot-hole, then you will have a Public Liability Claim instead.  We can help you with this as well.

You don’t want to lose your right to claim compensation, so it is important to seek prompt legal advice sooner than later.

My child was injured in a road accident, what should I do?

If your child was injured in a road accident, you can claim compensation on their behalf. The better the accident is reported and documented, the easier it is for a lawyer help you down the track. So, if your child is injured in a road accident, even if their injuries appear to be minor, we suggest you do the following:

  • At the scene, if possible

    1. Report the incident to the police
    2. Obtain details of any witnesses
    3. Take photographs if you can
  • After the accident

    1. See your family doctor and get them to provide you with a medical certificate of all your injuries, no matter how minor they seem
    2. Talk to or monitor your child’s behaviour, especially if they too little to talk. Get any carers to look for and note down any new behaviours.
    3. Get legal advice on what compensation they are entitled to (including medical expenses, loss of wages, and lump sum accident compensation).

You don’t want to lose your right to claim compensation on behalf of your child, so it is important to seek prompt legal advice sooner than later.

Will I have to go to court?

Courts throughout Australia now have a compulsory process that requires the parties to meet and negotiate in good faith before the case is set down for a court hearing. As a result, most cases settle out of court – in fact about 95% do. Having said this, we will not hesitate to take the case to court if and when required.

I need financial support while my claim is being prepared, can you help?

If you can prove that you are suffering financial hardship as a result of the accident, we can apply for an interim payment for you, so you get some an upfront payment before your claim is fully finalised.

Over the last 20+ years, we have helped thousands of our clients to apply for these payments. The applications need to be carefully prepared and usually involve a detailed statement by the claimant and documents which demonstrate financial hardship.

The amount depends on the depth of financial hardship and the seriousness of the injury. While a typical interim payment would be between $20,000 to $40,000, we have also been successful in getting interim relief of up to $100,000.

What else can I claim? Superannuation & Insurance claims

You might not be aware, but your superannuation fund and insurance policies have many benefits that kick in to support you and your family if you can’t work because of an injury.  These benefits are all in addition to your hard-earnt super.

Payments under these policies will usually come as a lump sum and are provided in addition to any other claims that you have.

Read more about making a Superannuation, TPD, or Income Support claim or contact us and one of our lawyers will talk you through.

Do I need a lawyer for a road accident claim?

Insurers are typically not very generous to claimants who represent themselves.

We also find that claimants are often put under pressure to accept the very first offer made by the insurance company. So, it is always worthwhile to obtain legal advice before settling a case on your own. Once the documents are signed and the payment is made, there is no going back – you cannot reopen the case.

Unfortunately, over the years, we have been consulted by quite a few people who signed away their rights in exchange for a modest payment and only later decided to seek legal advice.

What are the reasons why you would benefit from legal advice and representation? Here are a few examples:

  • A lawyer can assess your claim and provide meaningful advice regarding its value.
  • A lawyer can prepare your case in such a way that the final compensation payout is maximised.
  • A lawyer can consider medical and other information provided by the insurer and deal with it in an appropriate way.
  • A lawyer can advise you on the right strategy to progress your claim, especially in the circumstances where an insurance company is playing games and not offering you a fair and reasonable settlement for your case.

Why should I trust you with my road accident claim?

Awarded “Compensation Law Firm of the Year” (Global Law Experts, 2020) and Personal Injury Compensation Law Firm of the Year (ACQ5 Global Awards, 2020), we specialise in Road Accidents.

  • In 2019 alone, we earnt our road accident clients over $48 million.
  • 20 years+ in the industry, means we know how to fast track your claim and get your money to you and your family as soon as possible.
  • We’re one of Australia’s largest compensation firms, so you can trust we have the financial muscle to go the distance against the limitless resources of the large insurance companies.
  • We assume full responsibility for your case, so you are supported through the entire process, and you will get all the compensation you need to get your life back on track.
  • Our reputation for being tough, experienced and well-prepared means that the insurance companies know to take your claim seriously and pay you proper entitlements.
  • With us, you’ll have your own lawyer the whole way through, guiding and supporting you through the process, so you can take a step back and concentrate on your health.

It’s a tough time for you, full of financial and emotional challenges. With us, you can trust that one of the best law firms in Australia has your back.

Don’t just take our word for it, check out our google reviews or watch what some of our clients say about us.

What should I expect?

  1. You get in contact

    If you are involved in a car, motorbike, or public transport accident, you should contact a lawyer as soon as possible – remember, strict time limits apply. During your free consultation with one of our lawyers you tell us what happened, and a lawyer will advise you if you have a claim. They’ll also let you know what other claims you can make.
  2. We take the reins

    Once you have understood all your options and want to proceed, we assume responsibility for all the detail. So that’s everything from getting and explaining the police reports relating to your accident, to contacting the relevant insurance companies, getting the names, registration numbers and insurance details of the vehicles involved.

    At this point, we will apply for any interim financial support you need to get you through while your claim is being processed.

  3. We start getting the evidence together

    That’s medical evidence, witness statements and any other evidence that may be relevant to your claim. It can include documents from accountants, actuaries, accident reconstruction experts, occupational therapists and other experts.

    With the medical evidence, we sometimes need to wait for your injury to stabilise, so that the insurer can be presented with the full extent of the damage to you.

  4. You attend medical examinations

    We’ll organise for you to see independent medical practitioners who can provide objective reports on all your injuries. This is all part of the gathering evidence to prepare the strongest case we can for you. Again, we organise everything, including an interpreter if you need.
  5. We prepare a full summary of the claim and submit it to the insurer

    Once all relevant evidence has been received, we prepare a claim (this includes submissions, particulars, calculations, analysis of medical reports and witness statements and the like).
  6. We'll attend an informal settlement conference together

    Once we have all the medical and other evidence we need, we advise you on the value of all your compensation entitlements and then arrange to meet with the insurer (or insurers) to negotiate a settlement of your claim.
  7. Settlement – you receive your compensation

    If the case resolves at the informal settlement conference, you'll receive compensation and your case will end. If the case doesn't resolve at this stage, there are further steps we can take to get you the compensation you're entitled to.

10 Reasons To Choose Us

You can afford high quality legal representation without having to pay any upfront costs. We will never charge unless we successfully recover compensation. This means that if your claim is unsuccessful, you don’t have to reimburse us for any of the legal fees and expenses associated with your case.

Free advice from a solicitor

You can get free advice from one of our expert lawyers both on the phone and or in person. How does it work? You simply call us at 1300 769 665 and you will be transferred to one of our lawyers who will provide you with clear and comprehensive advice free of charge. You can also submit an enquiry online and, again, our written advice to you will be obligation free.

98% cases won

We win the overwhelming majority of our cases. Obviously, this doesn’t happen by chance – only hard, diligent work gets results. What does it mean for you? It means that nothing is left to chance and no stone is left unturned in getting you the successful result you deserve.

Award winning law firm

At MCL we take pride in our work and work tirelessly to be the best in the industry. We have been voted Personal Injury Law Firm of the Year 2018 (ACQ5 Global Awards) and Most Outstanding Australian Compensation Law Firm (AI 2019 Excellence Awards).

4.8 Star rating on Google

Don’t just take our word for it – look at independent Google reviews from our clients. In fact, Monaco has the highest Google rating within the industry.

Leaders in our field

For over 20 years MCL has been a leader in the field of compensation law. With 43 offices nationwide, we can deliver our services to you wherever you are. No matter how big or small your claim, we have the expertise to handle it successfully.

We are specialists in compensation

At Monaco, our lawyers are some of the best trained and qualified in the industry.We have a team dealing exclusively with Motor Vehicle Accident claims, headed up by an Accredited Specialist. So no matter how complex your claim, we have the expertise to handle it successfully.

Maximum compensation

Don’t let insurance companies pay less than your claim is worth. You deserve substantial compensation for your suffering and it is our responsibility to get it for you. We have the training and expertise to ensure that nothing will be left to chance when preparing your claim. The result – maximum compensation recovered in every case.

We are in for the long haul

Compensation claims can be expensive to run. We have the financial muscle to go the distance against the limitless resources that can be deployed by the insurance companies. If we take your case, we’ll run it on a No Win No Fee basis, so you have nothing to lose.

Home and hospital visits

We have dealt with injured people over many years and understand that sometimes travelling to see a lawyer can be difficult. This is why we offer our free home and/or hospital visit service. All you need to do is ask!

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