What forms must I fill out to claim car accident compensation?
Published 29 Oct 2018
In 2015, there were 7,850 'on-road' recorded traffic crashes in the Australian Capital Territory (ACT), according to the ACT Government. This involved 15,358 vehicles, and resulted in 813 casualties - including 131 hospital admissions and 15 fatalities.
If you've been involved in a motor vehicle accident, you're probably wondering what you need to do in order to claim for compensation.
Here's what you need to know about the various forms involved in this process.
Who's entitled to claim for compensation?
Any person who has sustained personal injury as a result of a motor vehicle accident can submit a claim for the early payment of medical expenses. This can be done by filling out and sending a joint Motor Accident Notification Form/Motor Accident Medical Report (MANF/MAMR).
People lodging an application must not:
- Have a charge for a serious driving offence.
- Be at fault for the motor vehicle accident.
If death has occurred as a result of the accident, the estate of the fatally-injured person may lodge an application in their place - if they were not at fault.
Until the ACT Government rolls out the amended Compulsory Third Party (CTP) insurance policy, applicants must clearly demonstrate that another person is at fault of the motor vehicle accident in order for the claim to succeed. Under the new CTP legislation, all injured parties involved in motor accidents will be able to seek damages for sustained injuries regardless of who was at fault.
What can people claim?
Eligible persons can receive an early payment up to $5,000 for medical expenses which is paid by the CTP insurer. This is designed to offer quicker access to treatment, rather than people relying on the outcome of hearings which can take much longer to determine approval.
In the notice of claim (NOC) process, where the insurer accepts the driver was at fault, injured parties are able to submit claims for:
- Economic loss: This includes compensation for past and future loss of earning.
- Non-economic loss: This includes pain and suffering and loss of enjoyment of life.
- Treatment and care: This includes past and future medical expenses.
When should I submit an application?
Those involved in motor vehicle accidents must be aware that there is a time limit on making a claim:
- If the claim is to a CTP insurer, a person has nine months from the day of the accident or from the time injury symptoms first appear.
- If the claim is to the Nominal Defendant this limit is three months.
- If a person uses the services of a lawyer, they have one month to submit a claim.
If you think you meet the criteria for a motor vehicle accident claim, get in touch with the team at Gerard Malouf & Partners to see how we can help you fill out the relevant paperwork to improve your chance of success.