Road safety is extremely important in everyday life. If you are involved in a motor vehicle accident in Australia, how should you handle it? How do you make a claim after an accident? What should you do? Through which channels can you seek help? And how can you effectively protect your legal rights? Today’s article provides answers based on the relevant requirements in New South Wales.
1. Motor vehicle insurance is essential
New South Wales law requires motor vehicle owners to purchase relevant insurance, such as third-party liability insurance and property insurance:
1. On 1 December 2017, the New South Wales Government introduced a new compulsory third-party liability insurance, known as the CTP Green Slip, to better support people injured in motor vehicle accidents on NSW roads, providing compensation for personal injury or death caused by accidents. The focus is on early support and recovery. This Green Slip third-party liability insurance is compulsory under Australian law.
2. In addition, property insurance must also be purchased, such as Third Party Property Damage insurance, which provides compensation for damage to vehicles and other property involved in an accident.
2. What should you do if you are involved in a traffic accident?
If you are involved in a road traffic accident, you should do the following:
1. All parties involved in the accident should stop promptly, turn on hazard lights, check whether anyone is injured, and call emergency services if necessary.
2. You should promptly exchange detailed information and contact details with each other, and report the accident to the police. Generally speaking, you will have 28 days to do this. Although that is nearly a month, we recommend doing so as soon as possible to ensure your rights are effectively protected under the law.
Under the legal requirements of the NSW Road Rules 2014, if a traffic accident occurs while driving, the driver must stop and exchange contact details and vehicle information with other parties involved. You may also take photographs of the accident scene as evidence, making it easier for all parties to clearly identify the vehicles involved and to effectively handle subsequent matters such as determining liability, lodging claims and protecting rights.
3. You should promptly seek medical examination and treatment, and obtain a Certificate of Fitness from your doctor.
4. If a third-party loss is involved, the parties involved must report the matter to the police within 24 hours of the accident and record the Event Number clearly.
5. You should promptly contact your insurance company and clarify the details of the claim.
3. Who can lodge a claim?
Those who can lodge a claim include both the at-fault and not-at-fault parties in an accident:
Drivers and passengers
Riders and pillion passengers
Pedestrians
Cyclists.
In the following situations, a claim can still be lodged:
1. If the injured party was involved in an accident with an uninsured vehicle, they can still lodge a claim.
2. If you are the at-fault party in a traffic accident, you can also apply for compensation.
Note:
-Injuries can be physical or psychological.
-If the injury you sustained was caused by a work-related motor vehicle accident, you will also need to lodge a workers compensation claim with your employer’s workers compensation insurer.
4. In what circumstances can a claim not be lodged?
You will not be able to lodge a claim in the following circumstances:
1. You have been charged with or convicted of a serious driving offence related to the accident; or
2. You are the at-fault driver of an uninsured vehicle and you knew the vehicle was uninsured.
5. If you meet the claim requirements, what can you claim?
If you are injured in an accident and meet the claim requirements, you can apply for up to six months of compensation:
Compensation includes reasonable and necessary medical and treatment expenses.
If you need to take leave due to your injury (even if you are self-employed), payments can be made based on a percentage of your pre-accident weekly income to cover domestic and personal care costs (if you need help during your recovery).
Ambulance services and most of your public hospital treatment costs are covered by the ‘Fund levy’ (funded through CTP premiums). You do not need to lodge a claim for these costs.
You cannot lodge a claim for vehicle or property damage.
If you were not at fault in the accident and your injury exceeds the minor injury threshold, you may apply for compensation six months after the date of the accident.
Victims of traffic accidents can claim compensation for loss of income and for necessary medical assistance. In addition, if the accident has caused permanent and irreversible injury, resulting in physical suffering and pain, you may also claim some non-economic loss compensation.
6. How do you lodge a claim?
To lodge a personal injury claim, you can apply online using your own Service NSW account. You can also apply by completing the “Application for personal injury benefits” form:
https://www.sira.nsw.gov.au/__data/assets/pdf_file/0020/320753/Application-for-personal-injury-benefits.pdf
Then email the completed application form to the CTP insurer. After you have notified the insurer, you can contact them before lodging a full claim to request approval for some early treatment, including: one GP visit and two sessions of treatment such as physiotherapy.
You must lodge the claim within 3 months of the accident. If you wish to apply for “back pay” for loss of income from the date of the accident, you must lodge the claim within 28 days. If you lodge beyond 28 days, it is very likely to affect your compensation amount. You will need to provide evidence of your pre-accident income, including payslips or a letter from your employer.
Final thoughts
If you are unsure whether you meet the eligibility requirements for a claim, unsure how to apply, or uncertain about liability determination and the legal responsibilities and obligations you need to bear in the accident, you can consult a professional lawyer for advice to protect your lawful rights and interests.
