Motor Vehicle Accidents

Can I represent myself in a motor vehicle accident claim?

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

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

When should I seek legal advice after a road accident?

You should seek advice and assistance as soon as possible after your accident. 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 contacting us.

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:

• past and future hospital and medical expenses (including surgical costs);
• loss of past and future earnings including associated superannuation;
• rehabilitation expenses;
• 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;
• pain, suffering and loss of life enjoyment; and
• home and vehicle modifications.

Every individual’s accident is different. Your best course of action is speaking to Hall Payne about what compensation is right for you.

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 the other vehicle 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 believe you are outside the prescribed time limit, you should still seek legal advice about any potential claims.

You may also have a claim at common law if it can be shown that your personal injury was caused or contributed to by the negligence of another person. Again, strict time limits apply so 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).

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 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.