Motor Accident Compensation in Australia

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( — December 22, 2020) — The outcomes of an unfortunate accident on the roads of Australia might be difficult both economically and psychologically. If you are suffering injuries due to a car crash, you can make a claim and request compensation through the CTP insurer of the vehicle at fault. You may be awarded from the insurer to replace your financial and physical loss or psychological. The process is long, tiresome and frustrating; therefore, you can choose to hire a personal injury lawyer to keep yourself away from the wearing process and let your lawyer act on your behalf.

Who can claim compensation?

Whether you were the driver, passenger, pillion passenger, cyclist, motorbike rider, cyclist or a pedestrian, you can still make a claim for compensation. The Compulsory Third Party insurance, which is also known as Green Slip, is obliged to cover you and compensate for your loss. CTP insurance is obligatory insurance.

What am I entitled to claim?

If you are suffering psychological or physical injuries due to the accident, you may be entitled to be awarded personal injury benefits and claim compensation for common law damages. The extent of the compensation will vary on different circumstances. However, no matter who was at fault at the accident, one can benefit from income support payments for up to 6 months. Both parties who were at fault and not at fault can be covered for their medical expenses. Some of these include but not limited to:

  • Weekly income support payments
  • Medical, dental and pharmaceutical expenses
  • Rehabilitation and physiotherapy expenses
  • Expenses of travelling to and from the medical treatment sessions including accommodation expenses
  • Domestic care

After the accident, you can call the CTP insurer and notify them of the accident so that they may arrange 2 sessions of GP visit including treatment, free of charge and regardless of who was at fault.

You may be eligible to claim compensation for both of your physical and psychological injuries. Under the common law, you may be eligible to receive lump sum payment if you were not wholly at fault at the accident and have more than minor injuries. There are 2 types of lump sum compensation that you may be entitled to receive if your injuries are non minor. Lump sum payment for non-economic loss and economic loss. 

  1. Lump sum payment for economic loss

You can receive compensation for your past loss of income beyond 6 months and for your future loss of income due to impairment of earning capacity. You can also receive payment for the impact on your superannuation entitlements.

  1. Lump sum payment for non-economic loss

You can receive a lump sum for your non-economic loss which is defined as loss of amenities of life, loss of expectations of life, disfigurements, pain and suffering. Non-economic loss can only be claimed if the degree of your permanent impairment is greater than 10%.

Do I need a lawyer to claim motor accident compensation?

Under the laws, it is not obligatory to work with a lawyer to make a compensation claim. However, it is well known that the amount that can be compensated with and without a lawyer may vary greatly since a lawyer will ensure you understand your rights and make you aware of what is the rightful amount you may be awarded. For all those pain and suffering, nobody would like to be under-compensated. If you hesitate to hire a lawyer to prevent any further expenses, you can always choose to work with a lawyer acting on no win no fee basis. A no win no fee motor accident compensation lawyer will only get paid if you receive compensation.