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Injured on the road?

What should I do if I have been injured in a motor vehicle accident caused by another driver?

• Ensure that the accident is reported to the police as soon as possible. If you fail to report the accident to the police within 28 days you may have to satisfy a court that sufficient cause existed to justify the delay. The police will give you an "event" number as a record of the notification of the accident.
• Find out the name and phone number of the green-slip insurer of the car which caused the accident by phoning the Motor Accidents Authority on 1300 130 660 and quoting the registration number of the car at fault.
• Obtain and complete a personal injury claim form from the green-slip insurer and send it to them as soon as possible and no later than six months from the date of the accident.

If your injuries are serious, or you do not know who was at fault or you cannot identify the car to blame (for example in a hit-and-run), you should see a Solicitor as soon as possible.

If the accident happened after 4 October 1999, it is possible to obtain up to $5,000 for immediate treatment expenses and lost earnings. Ask your doctor to complete an Accident Notification Form and send it to the green-slip insurer.

What if I am partly or wholly to blame for the accident?

Even if you are partly to blame you are still able to claim damages, but they will be reduced by the percentage assessed as being your share of responsibility for the accident. Your damages may also be reduced if you failed to take sufficient care while travelling as a passenger.

Generally speaking, if you are wholly to blame for the accident, you won't receive damages. However, if others were injured, their claims will be met by the green-slip insurer of your vehicle. You should notify your green-slip insurer immediately if you think there could be a claim against you as a result of the accident. You must co-operate with your green-slip insurer and you must not admit fault or offer to make any payments to injured parties.

If the accident happened after 1 October 2006, there are special entitlements for children who have been injured if they are to blame. If the accident happened after 1 October 2007, there are special entitlements to those suffering spinal cord injury, moderate to severe brain injury, multiple amputations, severe burns or permanent blindness, regardless of who is to blame.

What must I tell my Solicitor?

You should give your Solicitor as much information as possible including:

• The precise date, time and location of the accident.
• The names and addresses of people involved in the accident and any witnesses.
• The make, registration number and name of the driver of each vehicle involved.
• The police station to which the accident was reported and the "event" number of the accident.
• Details of any police action you know of against any persons involved in the accident.
• The name of the hospital to which you were admitted; the time you spent in hospital; the names and addresses of doctors who treated you; and a description of the injuries you received in the accident and any resulting disabilities you are suffering.
• The amount of wages you have lost or you could lose as a result of the accident and the name, address and telephone number of your employer.
• Details of any other accidents in which you have been involved.
• Copies of hospital, ambulance, doctor, chemist and other medical bills.
• Your driver’s licence and Medicare numbers.
• Details of any workers compensation, social security or other payments which you have been receiving as a result of the accident.

Your Solicitor needs this information to assist you in completing the personal injury claim form. Unless the claim form is properly completed, the insurance company is not obliged to consider your claim and this will result in delays.

Do I have to go to court?

No, you don't. The motor accidents laws require insurers to try to resolve claims, by settlement or otherwise, as quickly as possible.

Once the insurer has admitted liability (either wholly or in part if you were partly to blame for the accident), it must pay your hospital, medical, pharmaceutical and rehabilitation expenses.

If your injuries are serious, the insurer is required to provide rehabilitation services and to pay for respite care. If the accident happened after 4 October 1999, the insurer is also required to pay for regular care, if this is needed. Your Solicitor will attempt to settle your claim with the green-slip insurer. However, if settlement is not achieved, proceedings will be started. It is still possible to settle your claim even after proceedings are started.

Most cases should be settled by agreement or assessed by a specially appointed claims assessor. Cases will only be allowed to go to court if a 'Certificate of Assessment' or exemption has first been obtained.

What does ‘settling out of court’ mean?

If you and the green-slip insurer of the driver at fault agree on the amount of compensation you are to receive, your claim will not go to court. If the insurer makes an offer to you to settle the case, consult your Solicitor who will advise whether the offer is fair.

What compensation may I be entitled to?

The amount that you will receive will depend upon the seriousness of your injuries and the loss you have suffered as a result of those injuries.

Compensation may include:

• If the accident occurred after 4 October 1999 you will receive compensation for pain and suffering only if it is agreed or assessed that your injuries amount to permanent impairment of greater than 10 per cent of your whole body;
• Medical and similar expenses;
• Loss of earnings or loss of opportunity to earn;
• In serious cases, care, equipment, transport and home modifications.

Except in very severe cases where special entitlements apply, compensation will be paid as a once only lump sum, although the green-slip insurer may have to pay your medical and rehabilitation expenses as incurred before your claim is settled. Compensation covers the past loss and the future anticipated loss.

How can a Solicitor help me?

Your Solicitor can:

• Advise on whether you should make a claim for compensation;
• Advise you on the strict time limits which apply;
• Advise whether you will be able to prove fault;
• Collect the information necessary to make a claim and help you complete and send the claim form;
• Negotiate on your behalf with the insurer;
• Advise you regarding offers of settlement;
• Commence court proceedings on your behalf;
• Arrange for witnesses, including expert witnesses such as doctors, to give evidence for you;
• Advise you on the details of the medical and claims assessment procedures.