Road accidents Change state

Road accidents are stressful events that happen too often in Australia. The last thing you need is a complicated or hostile insurance process. Hall Payne’s expert compensation lawyers can help get you back on track by ensuring your adequately compensated if things go wrong on the road.

All vehicle owners in Australia pay a premium to a compulsory third party (CTP) insurer as part of their registration fee. This means an injured person – or that person’s family members – can seek compensation from the CTP insurer of the at fault party.

Insurance legislation can be complicated and rules differ across Australia. Hall Payne’s lawyers are across all relevant aspects so if you’re hurt on the road, seek prompt legal advice with us.

Road accidents are stressful events that happen too often in Australia. The last thing you need is a complicated or hostile insurance process. Hall Payne’s expert compensation lawyers can help get you back on track by ensuring your adequately compensated if things go wrong on the road.

All vehicle owners in Australia pay a premium to a compulsory third party (CTP) insurer as part of their registration fee. This means an injured person – or that person’s family members – can seek compensation from the CTP insurer of the at fault party.

Insurance legislation can be complicated and rules differ across Australia. Hall Payne’s lawyers are across all relevant aspects so if you’re hurt on the road, seek prompt legal advice with us.

Hall Payne does not currently provide services to assist with road accident compensation in NSW. If you are seeking legal advice in another area, or for one of our other services, we would be happy to assist. Alternatively, we can provide you with a referral to a firm that practices in this area in your state.

Hall Payne does not currently provide services to assist with road accident compensation in Victoria. If you are seeking legal advice in another area, or for one of our other services, we would be happy to assist. Alternatively, we can provide you with a referral to a firm that practices in this area in your state.

Road accidents are stressful events that happen too often in Australia. The last thing you need is a complicated or hostile insurance process. Hall Payne’s expert compensation lawyers can help get you back on track by ensuring your adequately compensated if things go wrong on the road.

All vehicle owners in Australia pay a premium to a compulsory third party (CTP) insurer as part of their registration fee. This means an injured person – or that person’s family members – can seek compensation from the CTP insurer of the at fault party.

Insurance legislation can be complicated and rules differ across Australia. Hall Payne’s lawyers are across all relevant aspects so if you’re hurt on the road, seek prompt legal advice with us.

Hall Payne does not currently provide services to assist with road accident compensation in South Australia. If you are seeking legal advice in another area, or for one of our other services, we would be happy to assist. Alternatively, we can provide you with a referral to a firm that practices in this area in your state.

Hall Payne does not currently provide services to assist with road accident compensation in the Australian Capital Territory. If you are seeking legal advice in another area, or for one of our other services, we would be happy to assist. Alternatively, we can provide you with a referral to a firm that practices in this area in your territory.

Road accidents are stressful events that happen too often in Australia. The last thing you need is a complicated or hostile insurance process. Hall Payne’s expert compensation lawyers can help get you back on track by ensuring your adequately compensated if things go wrong on the road.

All vehicle owners in Australia pay a premium to a compulsory third party (CTP) insurer as part of their registration fee. This means an injured person – or that person’s family members – can seek compensation from the CTP insurer of the at fault party.

Insurance legislation can be complicated and rules differ across Australia. Hall Payne’s lawyers are across all relevant aspects so if you’re hurt on the road, seek prompt legal advice with us.

Our Expert

Cale Fryer

Principal

Dedicated to making a real difference in people's lives, Cale Fryer is driven to ensure the best possible outcomes for individuals adversely affected by injury.

Common Questions

Can I represent myself in a claim?

You can, but the law related to road accidents is complicated.

A lawyer with experience in this area will know what you’re entitled to, and how best to ensure that you are adequately compensated.

When should I seek legal advice after an accident?

As soon as possible. Strict time limits apply to compensation claims after a road accident, especially if unidentified vehicles are involved.

Hall Payne provides a free initial consultation to discuss time limits and what you may be entitled to. If you’re unsure, you’ve got nothing to lose by calling.

How do I know if I have a claim?

If you’ve been injured in an accident in Queensland which involves a motor vehicle and you can demonstrate the accident occurred due to the fault of another person, you will be entitled to bring a Compulsory (CTP) insurance claim.

If a vehicle is not registered or can’t be identified, you can still seek compensation. You also still have an entitlement even if the other vehicle is registered in another state or territory.

If your immediate family member dies as a result of a road accident you may be entitled to claim for funeral expenses and the loss of financial support.

How do I know if I have a claim?

If you’ve been injured in an accident involving a motor vehicle in the Northern Territory you will be covered by the Northern Territory’s Motor Accident Compensation Scheme.

MAC is a government-owned scheme that is managed by the Motor Accidents Compensation Commission (MACC) and administered on its behalf by the Territory Insurance Office.

If a vehicle is not registered or can’t be identified, you can still seek compensation. You also still have an entitlement even if the other vehicle is registered in another state or territory.

If your immediate family member dies as a result of a road accident you may be entitled to claim for funeral expenses and the loss of financial support.

How do I know if I have a claim?

Tasmania has a ‘no-fault’ insurance scheme for motor vehicle accidents. If you’re in Tasmania and have been injured in an accident involving a motor vehicle, regardless of who was at fault, you will be entitled to make a claim with Tasmania’s CTP Insurer, the Motor Accident Insurance Board (MAIB).

Residents of Tasmania can also lodge a claim with the MAIB if they are injured anywhere within Australia, so long as a Tasmanian registered motor vehicle was involved in the accident.

If a vehicle is not registered or can’t be identified, you can still seek compensation. If you are a Tasmanian resident you have an entitlement, even if the other vehicle is registered in another state or territory.

If your immediate family member dies as a result of a road accident you may be entitled to claim for funeral expenses and the loss of financial support.

What can I claim for?

Our expert lawyers will ensure that you recover everything you’re entitled to. Depending on the circumstances of your injury, you may be entitled to compensation for:

  • pain, suffering and loss of life enjoyment
  • past and future hospital and medical expenses (including surgical costs)
  • rehabilitation expenses
  • lost past and future earnings, including superannuation
  • care provided by friends or family
  • out of pocket expenses for items such as pharmaceutical, travel and equipment
  • paid care and help, for example yard maintenance or nursing
  • home and vehicle modifications.

Every individual has a different situation. Your best course of action is speaking to Hall Payne about what compensation is right for you.

What can I claim for?

The Northern Territory’s Motor Accident Compensation Scheme can provide benefits such as medical, rehabilitation and financial support. There may also be an entitlement to a lump sum payment where permanent injuries were caused by the motor vehicle accident.

Every individual has a different situation. Your best course of action is speaking to Hall Payne about what compensation is right for you.

When should I make a claim?

Strict time limits apply to making a claim. Your entitlement to compensation may be lost if you don’t make a claim in time.

In Queensland, you must lodge a claim with the ‘at fault’ party’s CTP provider:

• within nine months of accident, or
• if symptoms of the injury are not immediately apparent, at the first appearance of symptoms of the injury, or
• within one month of consulting a lawyer about the possibility of making a claim.

If, however, the vehicle is unidentified, you must lodge a claim with the Nominal Defendant within three months after the accident.

That said, even after this time has lapsed you may be able to lodge a claim where you can provide a reasonable excuse for the delay.

It is important to note that where a vehicle can not be identified and a claim is not lodged with the Nominal Defendant within nine months, the claim against the Nominal Defendant is statute barred. This means you will not be able to bring a claim for injuries sustained in the accident.

Hall Payne understand that this can be a very challenging time. Financial stress can make the situation overwhelming. The sooner a claim is started, the sooner you’ll receive compensation (and some peace of mind).

When should I make a claim?

In Tasmania, time limits vary based on the type of compensation you are seeking. Your entitlement to compensation may be lost if you don’t make a claim in time. Know your rights and any time limits which may apply as soon as possible following your injury.

You must lodge a claim with the MAIB within 12 months of the motor vehicle accident, and must also report the motor vehicle accident to a police officer as soon as practicable after the accident. Failure to do so may preclude you from recovering benefits you’re entitled to.

If other vehicle in the involved in the accident is unidentified, you must lodge a claim with the MAIB within three months of the accident.

While these time limits are strict, if you can provide a reasonable excuse for the delay you may be allowed to make a claim out-of-time. You may also have a claim at common law, where you have three years to lodge a claim. Your best course of action is to seek advice so you can better understand your rights.

Hall Payne understand that this can be a very challenging time. Financial stress can make the situation overwhelming. The sooner a claim is started, the sooner you’ll receive compensation (and some peace of mind).

When should I make a claim?

Time limits apply, and your entitlement to compensation may be lost if you don’t make a claim in time.

In the Northern Territory the Motor Accidents Compensation Commission has the discretion to reject a claim made more than six months after the accident, and any claim made more than three years after the accident will be rejected.

There are some exceptions. If the injured person is under 18 at the time of the accident, they have until they are 21 to make a claim. The Commission may also allow out-of-time claims if you can provide a reasonable excuse for the delay.

Hall Payne understand that this can be a very challenging time. Financial stress can make the situation overwhelming. The sooner a claim is started, the sooner you’ll receive compensation (and some peace of mind).

How long will my claim take?

The sooner your claim is finalised, the sooner you can move on with your life. That said, a thoroughly prepared claim can’t be rushed.

The length of your claim will ultimately depend on the nature and extent of your injury, the intricacy of the investigation and the type of expert evidence required.

Call us to have one of Hall Payne’s personal injury lawyers can discuss your specific circumstances and give you an estimated timeframe.

How much will it cost me to make a claim?

We will provide you with a free initial consultation to discuss your injury and the circumstances in which it arose. We will provide an estimate of legal costs and the likely time frames that will apply to your claim.

If we consider you have prospects of winning your case then we will represent you on a ‘no win, no fee’ basis.

1800 659 114

Enquire online


PhoneEmail
VIEW OTHER SERVICES
We have 9 offices across Queensland, New South Wales, Tasmania and the Northern Territory.
FIND YOUR LOCAL OFFICE