The Motor Accidents Compensation Act, 1999 is clear that claims for compensation for personal injuries suffered in a car accident (when it is not your fault or not completely your fault) are to be lodged against the Compulsory Third Party insurer (the Green Slip insurer) of the car at fault within six months of the date of the accident.
Beforehand, there is also the added requirement of reporting a car accident (where someone has been injured) to the Police. The Police need to be notified within 28 days of the accident.
In some instances, the Police will not come to the scene of the accident when there has been limited damage to the cars, the cars are driveable and people have suffered only minor injuries. Of course, when there is a major accident/collision and people have suffered significant injuries, the Police will attend. In some cases, the Police arrive after the ambulance and the injured person has been taken to hospital. Nevertheless, the Police will take a statement from you.
The next step is lodging the Claim Form against the insurer of the car at fault. An Accident Notification Form is a form that can be lodged within 28 days of the accident and within 10 days of the insurer receiving it, they must make a provisional determination on liability (and there is a presumption that if you are a pedestrian or a passenger liability will be admitted).
The advantage of lodging the Accident Notification Form (ANF) is that your medical expenses are paid almost immediately. There is however a cap that medical expenses and wage loss is paid up to $5,000.00. It is then that the longer form Claim Form is needed, and that Claim Form must be lodged within six months of the date of the accident.
Once that Claim Form is lodged the insurance company has three months to investigate the circumstances of the accident and make a decision on liability. During that time the insurance company will obtain a Police Report (and send you or your lawyer a copy) and interview their own driver, witnesses and may want to take a statement from you.
If you do not have a lawyer, the insurance company will approach you directly, but if you have a lawyer, your lawyer will be in a position to give you advice whether you should or should not give a statement to the insurance company.
Once your claim is accepted, the insurance company will pay your reasonable medical expenses on an as-incurred basis and, in claims of financial hardship, pay wage loss.
Most claims can be resolved in 18 to 24 months, but claims involving children and catastrophic injuries including paralysis and brain injury can take longer.
There is a three-year time limit to commence Court proceedings, but not an automatic right to go to Court when the insurance company accepts liability for your claim.
In all instances, we recommend that you obtain legal advice, as the time limits are strict and claims out of time can be rejected, meaning you miss out on getting your medical expenses, rehabilitation and wage loss paid. The important thing is getting you back on your feet and back to your old life and back to work.
Emma Mead is our Personal Injury Specialist who can assist with your compensation enquiries. She is based at the Newcastle office of Burke, Elphick and Mead Lawyers.
DISCLAIMER
These articles were published with the express permission of Burke Elphick & Mead Lawyers. The information was correct at the time of publication, but personal injury laws are subject to legislation change from time to time and it is recommended that you contact Burke Elphick & Mead should you have any specific questions relating to any of the topics above.
Our Lawyers Merridy Elphick, Emma Mead, Michael Burke, Maria Walz, Ashley Bithrey, Ana Grguic and Kara Greiner also offer assistance in a number of areas, including Family Law, Personal Injury, Insurance or Compensation, Commercial Transactions or Contracts, Wills, Estates, and Powers of Attorney or Buying and Selling a Home or Business.
Should you have any further queries, please do not hesitate to contact our office.