Motor Vehicle
Accident Claims

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Common Questions

Do I have a claim?

If you have been injured in a motor vehicle accident, the law allows you to make a claim for compensation. In New South Wales, people injured by motor vehicles are covered by the Compulsory Third Party ('CTP') insurance scheme. However, you are only able to recover compensation for personal injury if the other party involved in the accident was at fault.

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

  • Drivers injured in an accident where the other vehicle was at fault;
  • Passengers injured in an accident with another vehicle;
  • Passenger injured in a single vehicle accident;
  • Pedestrian hit by a vehicle;
  • Cyclist accidents;
  • Motorcyclist hit by a vehicle;
  • Driver or passenger in a tram/bus/train accident; and
  • Person who witnesses a death as a result of a motor vehicle accident.

What do I do if I am involved in a motor vehicle accident?

MCL has had the privilege of helping thousands of clients who were involved in motor vehicle accidents. The better the incident is reported and documented, the easier it is for a lawyer help you down the track.

There are several steps you should take, including:

  • Getting medical attention right away, even if your injuries appear to be minor;
  • Obtaining full details of any other vehicles and drivers involved in the accident, as well as any witnesses;
  • Informing police as soon as possible about the accident (within 28 days);
  • Obtaining legal advice regarding your rights and obligations; and

To avoid losing your right to claim compensation, it is important to seek prompt legal advice sooner than later. The law requires that you lodge your claim with the correct insurer within 6 months of the date of the accident.

Call MCL on 1300 769 665 for a free consultation to discuss your options and see how we can help you.

How can MCL help me?

MCL specialises in motor vehicle accidents and our specialist legal team is in constant contact with our panel of skilled medical experts, who assist us in preparing our clients’ claims.

Following the initial conference, our lawyers will assume full responsibility for your case – ensuring you are supported through the process, and that you get the compensation you deserve. We:

  • Gather necessary evidence, such as names, registration numbers and insurance details of the vehicles involved;
  • Obtain and explain police reports relating to your accident;
  • Contact the relevant insurance companies;
  • Obtain all the necessary medical evidence;
  • Obtain other evidence, which may be relevant to your claim, including documents from accountants, actuaries, accident reconstruction experts, occupational therapists and other experts; and
  • Ensure that you receive thorough and comprehensive advice at every stage of your claim, including settlement conferences, mediations and court proceedings if it comes to that.

Put your mind at ease, and speak with one of our expert compensation lawyers early on. Call us on 1300 769 665 today for a free consultation on your rights.

Can I get free advice over the phone?

At MCL, our lawyers are more than happy to provide you with free initial advice over the phone. In fact, you will be able to speak to one of our specialists the very first time you call our office. Call us on 1300 769 665 for a free consultation with one of our lawyers to discuss your options.

After your free initial phone consultation with one of our lawyers, we can arrange an appointment with you at any of our offices.

In some cases, we understand that it may be difficult for you to travel. In this situation, we can always arrange a home or hospital visit.

Things you need to know about the claim process

Most disputes between the claimant and the insurer are managed by the Claims Assessment and Resolution Service (‘CARS’) which means that most cases don’t have to go to court:

As soon as the insurer accepts the claim, it will begin paying for all your medical expenses. Compensation for the damage done to you, for example your loss of or pain and suffering, are paid once your claim is fully finalised.

  • If you are suffering financial hardship we can apply for an interim payment, releasing some of the compensation to you before your claim is fully finalised;
  • In the event that the insurer declines liability, the claim becomes exempt from CARS and usually proceeds to the District Court to be determined by a judge.

No matter how complex your case, whether it is resolved by mediation or in the courts, MCL have the resources, experience and dedication to ensure that you get the best possible result. Call us on 1300 769 665 for a free consultation with one of our lawyers to discuss your options.

If you have been injured in any kind of road or transport accident, even as a pedestrian, cyclist or public transport user, you may be entitled to a range of compensation benefits.

What sort of compensation am I entitled to under the law?

Under the statutory scheme, you are entitled to recover benefits as long as you are not considered wholly at fault. This include damages relating to:

  • Loss of earnings;
  • Medical expenses;
  • Travel expenses;
  • Rehabilitation expenses;
  • Assistance with personal care and domestic tasks;
  • Interim payments during the claim process in certain circumstances;
  • Permanent impairment in certain circumstances; and
  • Pain and suffering in certain circumstances.

If you have suffered a severe injury, such as a spinal cord or brain injury, you are able to recover benefits regardless of who was at fault.

The insurers are typically not very generous when met with claimants without a lawyer. They will often attempt to resolve matters early on with low offers, pressuring you to resolve your matter for an amount far less than what you deserve.

Call us on 1300 769 665 for a free consultation with one of our lawyers to discuss your entitlements.

What will it cost – No Win No Fee Guarantee

Motor vehicle accidents can often leave both physical and psychological scars. It can also lead to financial hardship. Add to this the pressures and uncertainty of litigation, and it can all be overwhelming for you and your family.

It is for these reasons:

  • We offer No Win No Fee Guarantee;
  • We offer free advice at your initial consultation;
  • We do not charge for any expenses and will cover all expenses including medical reports and court filing fees, unless we successfully resolve your case;
  • Unlike other firms, you do not have to pay us back the money we have spent on your case if you do not win;
  • We provide you with a simple and easy to understand contract before we begin the work;
  • We provide a clear estimate of our legal fees before we begin the work; and
  • We will apply for interim payments if you experience financial hardship during the claim process.

Experiencing financial hardship while your claim is ongoing?

Under some circumstances, claimants can apply for an interim payment. To qualify, you need to demonstrate that they have suffered financial hardship as a result of the accident. Over the last 20 years, MCL have assisted thousands of our clients to apply for such payments. The applications need to be carefully prepared and usually involve a detailed statement by the claimant and documents in support of the application.

The amount of the interim payment depends, on the depth of financial hardship as well as the seriousness of injury. While a typical interim payment would be in the range of $20,000 to $40,000, we have also been successful in attaining interim relief to the value of $100,000.

In most cases, insurers will look favourably at such applications, especially those that are well prepared and documented.

The flexibility which the interim payment option provides allows us to help you meet your financial obligations and avoid financial hardship, whilst we continue working on your claim. The sooner you contact an expert at MCL, the sooner we can get the ball rolling.

What else can I claim? Superannuation/Total and Permanent Disability

Many superannuation insurance policies provide cover if you are totally and permanently disabled.

Payments under these policies will usually be in the form of a lump sum and are provided on top of any other claims, such as a claim for compensation.

In addition, you may be able to make a claim under a personal insurance policy. For example, you may be able to claim compensation if you have life insurance, income protection insurance, or sickness and accident insurance.

At MCL, we have a team of lawyers who specialise in superannuation, TPD and life insurance claims. They have the skills and experience to determine whether you are covered under these policies.

If you'd like to find out more about making a superannuation or TPD claim , then please call us on 1300 769 665.

Why choose MCL?

MCL is one of Australia’s premier compensation law firms.

Our lawyers have extensive experience in handling these kinds of claim. This means that your case will be assessed, valued and prepared expertly and efficiently.

We also know how to navigate your case through the court system in order to get the best possible result for you as quickly as possible.

Our lawyers have the expertise and experience to take on the large insurance companies that usually represent the medical service providers in these claims. Just as importantly, we have the financial muscle to go the distance against the limitless resources of these large insurers.

Our reputation for being tough, experienced and well-prepared means that the insurance companies respect us and are more likely to offer you fair and reasonable compensation for your injury or loss.

We provide a ‘No Win No Fee’ guarantee to all our clients. This means that you only pay us for our work after the successful conclusion of your claim.

Finally, if you entrust your matter to us, you will have your own lawyer, who will always be available to answer your questions and support you through the claims process.

Would you like a free initial consultation with a lawyer who is an expert in motor vehicle accident claims? If so, call us now on 1300 769 665.

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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