Motor Vehicle Accident Recovery Specialists – Free Support
Helping you recover from a motor vehicle accident…
The 7 Essential Things to Know & Do After a Motor Vehicle Accident in Australia
1. Never admit fault before speaking to your insurance company, because it can invalidate both your insurance and your eligibility for compensation.
2. Get the other driver’s name, phone number, license no. and insurance company details.
3. Take as many pictures of the scene and the damage to the vehicles as you can, preferably before the vehicles are moved. This can help give an idea of what really happened and provide photo evidence.
4. Report the accident to the police ASAP (in some states must be within 24 hours, in others within 28 days). Be aware that a police report is an eligibility requirement for reimbursement of medical costs for various compensation entitlements, whether you are at fault or not, which is why we suggest reporting the accident ASAP.
5. Go to a doctor and get a thorough, written medical assessment of ALL your injuries ASAP (must be within 28 days). Again, this is vitally important for qualifying for help with medical treatment, lost wages, and various compensation in some states.
6. If you are making a claim for personal injury, don’t dilly-dally. Be aware that the time taken to submit an injury claim can cast doubt on your eligibility for financial and medical assistance (was the injury due to the accident or something that happened afterward?).
7. Seriously consider the benefits of legal representation, particularly if you believe you are not at fault in the accident.
Don’t go it alone. Let PAICIA help.
Determining Fault
In any accident you could be completely at fault, partially at fault, or not at fault.
Whatever the case is, it is important to note that we have never met a lawyer who has advised a client to admit fault, even partially, in an accident.
Let the photos, insurance companies and lawyers work this stuff out.
Not at Fault V‘s At Fault
Be aware that if you are not at fault you are in a much better position than if you were partially or wholly at fault with respect to:
- the value of and the benefits you are entitled to,
- the time during which these benefits are available to you.
Time is also a critical factor in eligibility. Why?
- Strict eligibility timelines apply, (and these vary from state to state)
- the longer you wait between being injured and claiming compensation, the more doubt there will be that your injuries were due solely to the accident.
Lastly, you should understand that the various bodies that adjudicate compensation claims and your entitlement to various benefits in Australia can be considered to have a natural conflict of interest. Why? Because they adjudicate on both the validity and the worth of your claim. Ask yourself this. Would you trust someone you were making a claim against to adjudicate on the validity and worth of your claim? This is unusual. In most circumstances one would expect an independent judiciary or committee of some kind be involved to make that kind of decision, to eliminate any conflict of interest. But that is not the case here, the judge and the insurance company are the same entity.
What to Do if You are At Fault
If you are advised that you are wholly at fault, you should know that there are AT-FAULT accident injury benefit schemes available in all states and territories of Australia. These ‘no-fault’ accident support schemes offer personal injury benefits, medical expenses, and/or vocational rehabilitation programs and income support payments, to people who are at fault in an accident, while they recover. Exact benefits and the time that they are available to at-fault accident victims differ from state to state.
The various at-fault schemes, sometimes called no-fault schemes, may cover:
- income support (if you were employed at the time of the accident)
- medical expenses
- physiotherapy
- dental and
- pharmaceutical expenses
It should be noted that the type of compensation and benefits available, their value, and the amount of time that they are available to you, are significantly less in at-fault schemes than is the case if you are found to be not-at-fault.
At fault or Not at Fault? Did You Know?
If you’ve been injured in a motor vehicle accident, every state has its only rules, if are attempting to make making a claim, some of which include:
- General medical and surgical costs
- Physiotherapy
- Chirotherapy
- Psychotherapy
- Any other medical service required for your rehabilitation
- Lost Wages
- Replacement Car Rental
- Vehicle Repair
- Compensation for injury
Who Can Claim?
If you are making an injury claim for compensation, you should be aware of who can claim:
- The ‘Not at Fault and At Fault’ driver in Victoria, “Not at Fault Driver only” in Western Australia
- A passenger in the ‘at fault’ driver’s vehicle
- A passenger in the ‘not at fault’ driver’s vehicle
- A pedestrian
- A public transport passenger
- A cyclist
PAICIA is a not for profit organisation that can help you fast track your recovery by ensuring that every single detail required for your recovery is documented and managed in a timely and professional way. Given what we have learned from surveying hundreds of people who have been through this process, we cannot over-emphasise how critical getting the right information is, as soon as possible after an accident, and how important it can be to your chances of making a complete physical, financial, and emotional recovery.
Don’t go it alone. Let PAICIA help.
Victoria Transport Accident Commission Web: www.tac.vic.gov.au Phone: 1300 654 329 (both)
New South Wales Motor Accidents Authority Web: www.maa.nsw.gov.au Phone: 1300 137 131 (both)
Western Australia Insurance Commission of Western Australia Web: www.icwa.wa.gov.au
Phone: (08) 9264 3333 (both). From 1 July 2016, all people catastrophically injured in motor vehicle crashes are covered for necessary and reasonable treatment, care and support.
Northern Territory Territory Insurance Office Web: www.tiofi.com.au Phone: 131 TIO (131 846) (both)
Tasmania Motor Accident Insurance Board Web: www.maib.tas.gov.au Phone: 1800 006 224 (both)
Queensland Motor Accident Insurance Commission Web: www.maic.qld.gov.au Phone: 1300 302 (Not-at-Fault)
National Injury Insurance Scheme Queensland (NIISQ) provides necessary and reasonable lifetime treatment, care and support to people who sustain eligible serious personal injuries in motor vehicle accidents on Queensland roads; regardless of who was at fault. (At-Fault)
South Australia’s CTP Scheme. Four insurers are approved by the Government to provide CTP insurance. AAMI, Allianz, QBE and SGIC underwrite the Scheme and manage the claims against their policies of insurance. The Department of Planning, Transport and Infrastructure issues CTP insurance renewal notices and provides premium collection services as part of the motor vehicle registration process. (Not-at -Fault)
South Australia Lifetime Support Scheme (LSS). 1300 880 849 The Lifetime Support Authority (LSA) administers the LSS. which is able to support people with very serious injuries, who were at fault in the crash. (At-Fault)
Australian Capital Territory (ACT) has four CTP insurers, AAMI, APIA, GIO, and the NRMA. The Motor Accident Injuries Commission is the regulator of the new CTP scheme. and issues CTP insurance renewal notices and provides premium collection services as part of the motor vehicle registration process. For information contact one of the insurers. (Not-at Fault)
Do I Need Legal Representation?
The various State Government entities that provide compensation and benefits are set up in such a way that you don’t need legal representation to make a claim, whether you are at-fault, or not-at-fault, but that doesn’t mean you shouldn’t have it.
However, the benefits available to at-fault accident victims are significantly less than those available to not-at-fault victims, which is a reason why you may not feel that the services of a lawyer are affordable, viable, or necessary.
If you are at fault, the biggest factor in assessing if you need legal representation will be the extent of your injuries. If you have significant injuries and you run into any issues that preclude or limit the benefits you are entitled to through a no-fault provider, you might like to explore your options with a legal firm that offers no-win-no-fee services, and a free first meeting.
As previously mentioned, if you are not-at-fault, you don’t need legal representation to make a claim, but you may be entitled to common law benefits like damages and potential loss of earnings, so you have more at stake with your claim and therefore might like to consider the benefit of getting the advice of an experienced legal representative.
When considering this, you should understand that the various bodies that adjudicate your entitlement to not-at-fault benefits in Australia can be considered to have a natural conflict of interest because they adjudicate on both the validity and the worth of your claim. So ask yourself this. Would you trust someone you were making a claim against to adjudicate on the validity and worth of your claim? This is highly unusual. In most circumstances one would expect an independent judiciary or committee of some kind be involved in making that kind of decision, to eliminate any conflict of interest. Be aware that the judge and the insurance company are the same entity.
If the traffic accident scheme you are dealing with decides not to fully fund the cost of your treatment call our no-cost accident recovery service.
Don’t go it alone. Let PAICIA help.
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