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Gerard Malouf & Partners Manage Cases For Clients Across All Areas Of Personal Injury Law, Inheritance Disputes And Superannuation Disputes.

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Minor Car Accident Procedures: A Guide for VIC, QLD & NSW

In Australia, the severity of your car accident injuries directly impacts the compensation you receive. However, how injuries are classified (major vs. minor) can vary by state due to different car accident claim legislation.

This article will explain the differences between major and minor injuries, and then focus on the procedures for handling minor car accident claims in Victoria, Queensland, and New South Wales.

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Minor vs. major car accident injuries

While the severity of injuries ultimately determines a car accident’s classification (major or minor), the specific terms used can vary by state in Australia.

New South Wales

The Motor Accident Injuries Act 2017 No 10 is a cornerstone piece of legislation that governs motor vehicle accident compensation schemes in New South Wales. Instead of ‘minor’ and ‘major’ injuries, the Act refers to ‘threshold’ and ‘non-threshold’ injuries. NSW’s governing body, State Insurance Regulatory Authority (SIRA), clearly defines what constitutes a threshold (i.e., minor) injury.

Queensland

Queensland cases look to the Motor Accident Insurance Act 1994, The Act doesn’t explicitly use minor/major or threshold/non-threshold, instead, it lists injury types that qualify for different types of compensation. Queensland will, at times, reference ‘minor’ injuries, yet will more commonly refer to its state-specific eligibility mechanisms (i.e., the ISV scale).

Victoria

Similar to Queensland, Victoria’s legislation, the Transport Accident Act 1986, doesn’t directly use these minor/major or threshold/no-threshold. Instead, it focuses on specific injuries with varying compensation categories. Governing bodies in the state may use minor or major for better understanding.

Why this is important

Knowing the relevant state legislation and its terminology is crucial when pursuing a car accident claim. Your state’s governing body website is a valuable resource for accurate and up-to-date information.

The relevant governing bodies are:

Threshold vs. non-threshold injuries

Although terminology can vary by state, you might hear your insurer or legal team use terms like “minor”, “major”, “threshold”, or “non-threshold” injuries to discuss your compensation.

Here’s a general explanation of these concepts.

Minor (threshold) injuries

These are generally less severe injuries with a good chance of full or significant recovery within a year. They typically don’t result in long-term disability or require ongoing treatment. Examples include:

  • Soft tissue injuries (sprains, strains)
  • Minor psychological distress (anxiety, short-term depression) that doesn’t meet the criteria for a diagnosed mental health disorder
  • Minor lacerations (cuts) or abrasions.

Major (non-threshold) injuries

These injuries are more severe with a greater chance of lasting impacts. These types of injuries usually require ongoing medical care or result in permanent impairment. e. Examples include:

  • Spinal injuries
  • Fractures
  • Severe burns
  • Permanent nerve damage
  • Significant psychological trauma requiring ongoing treatment.

How does my injury affect compensation?

In New South Wales, the threshold vs non-threshold injury dichotomy is directly tied to how much compensation you’re owed, and the nature of that compensation.

For example, those with non-threshold injuries can generally apply for lump sum compensation, while those with threshold injuries generally cannot (although, exceptions apply).

In our experience, across all Australian states, more severe injuries will yield higher amounts of compensation. However, the specifics of what you’re entitled to depend on the type of damages you are claiming (lost income, psychological damage, permanent impairment, etc.) as well as the legislative criteria set by the governing bodies in your state.

Other factors can also impact how much compensation you’re owed, such as the relevance of contributory negligence (the degree to which you are responsible for the accident), your age and the nature of your employment, among other factors.

When should I reach out to a personal injury lawyer?

Minor injuries

If your injuries are minor (typically with good recovery prospects within a year), you may be able to manage the claims process yourself. We’ll provide details on how to do this below.

However, we recommend that you seek legal advice if:

  • you have any doubts about the claim process.
  • you disagree with the offered compensation amount.
  • your injuries have worsened since you last filed a claim.

Major injuries

For major injuries with potentially lasting impacts, we strongly recommend contacting a lawyer. Our expertise can be invaluable in navigating the complexities of your claim and ensuring you receive fair compensation.

Do you want to learn more about filing a compensation claim?

Call us for confidential, free advice.

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Minor car accident procedure: Victoria

If your motor vehicle accident occurred in Victoria, you can file your claim directly through the Traffic Accident Commission (TAC) website.

The steps for lodging a minor injury claim in Victoria are as follows.

  • Step 1: Collect accident and injury details. Regarding accident details, note the accident’s location, involved vehicles and drivers, registration numbers, witnesses and the police report number you received when you reported the incident.

 

Key points to note:

  • Police: The local police must be notified of the incident before you lodge a claim.
  • Treatment: Keep a documentation trail of your treatments. This could include medical certifications, doctors’ letters and the names of the medical practitioners who treated you.
  • Injury details: Ensure that your documentation clearly details your injuries and their severity. Consider doctor statements regarding whether you’re fit for work and photo evidence in high resolution. Avoid providing invoices, receipts or images of your actual injuries or the accident scene.

 

For more information, contact TAC or speak with a personal injury lawyer.

  • Step 2: Lodge your claim online. If you’re hospitalised as a result of your accident, consider speaking with the hospital’s Patient Liaison Officer as they may be able to file the claim on your behalf.

 

You have 12 months to lodge your claim from the date of your accident, or from the date your injury first became apparent — whichever came first.

Minor car accident procedure: Queensland

Queenslanders can file their claim directly through MAIC’s CTP claim portal.

The general minor car accident procedure for Queensland is as follows. For more information, reference MAIC’s guidelines or speak with a Queensland compensation lawyer directly.

  • Step 1: Report the crash to your local police and obtain the reference number (QP number).

  • Step 2: Meet timeframes. In general, you need to lodge your claim within nine months of the incident or from the first time your injuries become apparent. If you consult a compensation lawyer, then you are required to lodge your claim within one month of the consultation.

  • Step 3: Note down the registration numbers of all involved vehicles.

  • Step 4: Fill out the relevant claim form, and provide an honest account in doing so.

  • Step 5: Provide supporting documents, including your medical certificate, claimant certificate, proof of identity and, if you’ve engaged with a solicitor, a law practice certificate.
  • Step 6: Lodge your form through the Queensland CTP claim portal.

Book an appointment with our expert team of injury compensation solicitors.

Call 1800 004 878

Minor car accident procedure: New South Wales

If your accident occurred in NSW, you can lodge your claim online through SIRA.

Since minor injuries don’t warrant a lump sum payment, you will be claiming personal injury benefits. If you believe your injuries are major (non-threshold), then the claims process is different, requiring you to apply for common law damages as well as personal injury benefits.

The general personal injury benefits claims process is as follows.

  • Step 1: Submit a claim within 28 days of the accident by filling out the personal injury benefits form.

  • Step 2: Before lodging the claim, gather the police event number from the report you made after the accident, your medical certificate detailing injuries and work fitness from your doctor and evidence of income prior to the accident and any loss of earnings due to your injuries. Additionally, provide accounts or receipts for the medical treatments you’ve incurred.

  • Step 3: Determine the CTP insurer of the vehicle at fault. If unknown, contact CTP Assist or CTP Connect for assistance in identifying the right insurer, who will then assist with your claim process.

  • Step 4: Lodge your claim documents with the identified CTP insurer. The insurer should contact you within three days of lodgement to confirm receipt and provide a claim number, a case manager and next steps. If immediate medical treatment is needed, inquire about the procedure with the insurer.

How GMP Law can help

We’re Australia’s leading personal injury law firm. This means that we have the resources and expertise necessary to ensure a successful claims outcome.

Here’s how GMP Law can help you: If you believe the outcome of your claim is unjust, your injuries have worsened since you last received compensation or you have major injuries, then get in touch.

If you have minor injuries, your state’s governing bodies (whether SIRA, MAIC or TAC), make it simple to lodge a claim without legal intervention. These bodies also provide guidance to claimants to help ensure a seamless claim process.

If, however, you’re facing disputes, worsening injuries or believe you may have sustained major injuries, then book a free consultation with one of our personal injury lawyers. Our team can provide you with free, personalised legal advice, informing you on the best pathway forward. If you choose to move forward with your dispute or claim, then we can offer you leading legal expertise at no personal cost to you — via our no-win, no-fee policy.

Book a free consultation with a personal injury lawyer.

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Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers
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Gerard Malouf & Partners manage cases for clients across all areas of Personal Injury Law, Inheritance Disputes and Superannuation Disputes.
About Us
Gerard Malouf & Partners have provided friendly, experienced legal advice to communities across Australia for over 35 years. Our Personal Injury Lawyers have taken on ten’s of thousands of cases and we are proud to have won billions of dollars for our clients.
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Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.
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Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.

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