Let’s say you’re traveling through the Australian Capital Territory (the ACT), driving past Canberra, and suddenly you’re hit in the rear by another car. Hopefully, everyone’s okay, but there’s a lot of paperwork and process to an auto accident — especially if you decide to make a claim.
The states and territories of Australia all have slightly different processes for making claims. Here’s how it works in the ACT.
Why make a claim?
A successful claim entitles you to money that can help pay past, current and future medical expenses. You can also make a claim for loss of earnings if your accident renders you unable to work for a time. And you can expand a claim to cover general pain and suffering — this could be persistent physical discomfort or post-traumatic stress brought on by the accident.
If money can help with any of the issues you’re facing, you’ll want to make a claim.
Who can make a claim?
Anyone injured, physically or mentally, in a car accident can make a claim provided they’re not egregiously at fault. If you are at fault, you can still make a claim, but you’ll see a much lower entitlement, if any at all. The family (or estate) of someone killed in a car accident can
When is it too late to make a claim?
You’ll need to act quickly. Different types of claims will have varying time limits. Consider reaching out to a lawyer immediately for help navigating your claim’s timeline.
What are the different types of accident claims?
There are three types of common claims.
Early benefits to cover medical costs: Before the complexities of determining fault in the accident, you can apply for early benefits to help you cover your medical expenses. Fill out the Motor Accident Notification Form/Medical Accident Medical Report (MANF/MAMR) and you could receive up to $5,000. You can get a copy of the MANF/MAMR from your CTP insurer, the Nominal Defendant or the Legislation Register website. You’ll have to lodge the claim within 30 working days from the accident.
Personal injuries claim: The money from your early benefits claim might not cover the treatment you need long-term. If you have more severe medical costs or have seen a loss in earnings, fill out a Notice of Claim (NOC) form. It should cover not only past expenses but any future costs or projected losses. As with the MANF/MAMR, you can get a copy of the NOC form from your CTP insurer, the Nominal Defendant or the Legislation Register website. If you didn’t already file the MANF/MAMR claim, do so with the NOC. Depending on where you send the claim — and if you work with a lawyer — you’ll have between one and nine months to file.
Claiming when you’re the at-fault driver: In the ACT, insurers may cover medical expenses for the driver at fault for the car accident. Each insurer handles this differently and forms will vary, so contact your insurer with any questions.
Should I get legal advice?
Car accident claims are complex, and you might not always know what you’re entitled to. Act quickly and consider a free consultation about your accident injuries and what you might be owed. Reach out to Gerard Malouf and Partners today.