Car Accident Lawyers

Overview

Motor Vehicle & Car Accident Claims

If you have been involved in a car or motor vehicle accident that was not your fault, or only partly your fault, you need to talk to Australia’s leading Car Accident Compensation Lawyers — Gerard Malouf & Partners.

We are accredited specialists in Personal Injury Law, with a 98% success rate and over 35 years experience in getting our clients the best compensation possible. We hold extensive experience helping and winning successful cases for clients who have been injured in car accidents.

Years Experience

Winning successful cases for our clients.

98%

Success
Rate

Winning Motor Vehicle Accident Claims

35,000

Claims won

That translates to billions of dollars for our clients.

Australia’s Leading Car Accident Lawyers

At Gerard Malouf & Partners, we specialise in motor vehicle compensation and car accident claims. We act for individuals injured in car or motor vehicle accidents and who need support to challenge the giant insurance companies. We’re good at it.

As Australia’s leading car accident law firm, we’ve successfully won 35,000 insurance claims, which translates to hundreds of millions of dollars for our clients. If you want a law firm that is aggressive and knows how to stand up and fight insurance companies, then you need to speak to us.

Process

How to claim car accident compensation

Many people are unaware that they may be entitled to compensation for a motor vehicle accident even if they weren’t driving a car or motorbike.

This is because the compensation scheme doesn’t just cover people injured while driving. For example, the New South Wales Motor Accidents Compensation Scheme extends to passengers injured in car accidents, pedestrians crossing the road, cyclists and pillion passengers on motorbikes.

Even if the car at fault was uninsured, unregistered or unidentified, a claim may still have basis. In each of Australia’s five other states, people who are not injured in car accidents are not necessarily excluded from making compensation claims.

Our experienced team have built Gerard Malouf & Partners into one of Australia’s leading car accident law firms. We know the ins and outs of each state’s legislation We know the insurance companies, and we know how to get ahead of the tactics they use to minimise compensation payouts.

And, we have the resources and knowledge to achieve the best possible outcome — helping you to receive the maximum compensation payout you may be entitled to. Our car accident lawyers manage motor vehicle accident claims for clients across New South Wales, the Australian Capital Territory (ACT), Queensland and Victoria.

Car Accident Compensation Claims: The Legal Process

The context in which the accident took place will largely determine the specific process of your case, and your lawyer will help you to navigate the legal system and build a strong case. In general, there are a handful of factors to be aware of during the process:

Compensation entitlements: You’re entitled to claim compensation for physical injuries, psychological distress and economic loss. The degree of compensation you receive will depend on liability and the extent of your injuries, among other factors.
Time limits: You have a maximum of six years post-accident to file the claim — but the sooner, the better.
The role of insurance agencies: Your lawyer will negotiate with the liable party’s insurance agency on your behalf, with various factors coming into play. These include your own insurance coverage policy, the coverage policy of the at-fault party and any additional policies that may apply to the accident.

If the matter cannot be settled privately, the claim may then proceed to court. The court process will involve presenting evidence, witnesses, and arguments to support your compensation claim. Both parties will have the opportunity to present their case, and a judge or jury will ultimately determine the outcome.

Motor Vehicle Accidents In The ACT

Who and what governs ACT MVA claims?

In 2019, the ACT State Government introduced new legislation which governs the ACT motor accident claims scheme and is titled the Motor Accident Injuries Act 2019 (ACT) (‘the 2019 Act’).

The 2019 Act took effect on 28 August 2020 but applies to motor accidents that occur on or after 1 February 2020, and is managed by the ACT Motor Accident Injuries Commission.

Any claims for accidents that occurred before 1 February 2020 will be managed under the Compulsory Third Party (CTP) insurance scheme, regardless of when the claim is made.

The 2019 Act bears some similarity to the New South Wales Motor Accident Injuries Act of 2017, though there are some important changes to its procedural process.

How to make a car accident claim in the ACT?

In the ACT, a claim is made up of three stages:

Defined benefits
Quality of life benefits
Common law damages (Quality of life damages)

An applicant must follow a process to claim for car accident compensation that begins with a Defined Benefits Application. This must be made within 13 weeks of the car accident. Defined benefits may include income replacement, cost of treatment or funeral benefits if the loss of a loved one has occurred. Following this claim, a Quality of Life Benefit Application can be submitted after 26 weeks have passed, but no later than 4 years and 6 months from the date of the car accident. Quality of life benefits include a one-time lump sum payment for injuries sustained in a motor vehicle accident. Finally, a claimant can make a Common Law Damages Application, only if:

They have submitted a Quality of Life Benefits Application
The have been assessed as having a Whole Person Permanent Impairment (WPI) of at least 10%.

The Common Law Damaged claim can cover wider economic and non-economic loss as well as future costs of care.

Motor Vehicle Accidents In Queensland

Who and what governs Queensland MVA claims?

Motor Vehicle Accident claims in Queensland are governed by the Motor Accident Insurance Act 1994, Motor Accident Insurance Regulation 2018 and the Civil Liability Act 2003 (for accidents occurring on or after 2nd December 2002). The regulatory authority managing the CTP Scheme in Queensland is the Motor Accident Insurance Commission (MAIC)\

How to make a Queensland Motor Vehicle Accident claim?

Under the Motor Accident Insurance Commission CTP Scheme, the injured party must be able to establish the insured driver acted negligently.

In addition to establishing negligence, for an injured party to bring a claim to court, they must have:

Reported the claim to the police
Provide written notice of the claim to the insurer
Hold a compulsory conference

Once these requirements are in place, an action in court should begin within 6 months of the compulsory conference, but must begin within 3 years.

Time limits for lodging a Queensland car accident claim

In Queensland, when a car accident occurs and the vehicle that caused the accident is unidentified or uninsured a claim must be lodged within 3 months.

If the claim is lodged outside of the 3 months, the claimant must provide a statutory declaration outlining the reason for the delay.

For all other accidents, the claim must be made within 9 months after the car accident, unless either of the following occurs earlier than 9 months:

If symptoms of the injury are not immediately apparent, the first appearance of symptoms of the injury or
If the claimant has a solicitor managing the claim, within 1 month of the first consultation with the solicitor

Motor Vehicle Accidents In Victoria

Who and what governs Victoria motor vehicle accident claims?

In Victoria, motor vehicle accident claims are governed by rules outlined in the Transport Accident Act 1986, in which a transport accident is defined as:

An incident directly caused by the driving of a motor car or motor
vehicle, a railway train or a tram.

Victorian legislation has both Statutory benefits and common law claims.

The Transport Accident Commission (TAC) deals with the claims for compensation under this legislation.

Time limits when making a car accident claim in Victoria

To make a car accident claim in Victoria, a person has 12 months to make a claim following the date of an accident, or from becoming aware of an injury related to the accident. However, if a notice is delivered from the TAC regarding the car accident, a driver must make a report within 28 days.

Maximise Your Compensation

Finding the right car accident lawyer

If you have been injured in a car accident, you need to talk to an expert car accident lawyer to ensure you receive maximum compensation.

Your lawyer should begin with a no obligation call or face to face consultation in order to evaluate your claim and provide you with greater understanding of your right to consultation.

We begin with a no-obligation call or face-to-face consultation to evaluate your claim and provide you with a greater understanding of your right to consultation. We will be able to discuss your circumstances and assess your compensation claim and the compensation you may be entitled to including:

A lawyer will be able to discuss your circumstances and assess your compensation claim and the compensation you may be entitled to including:

Immediate payment of your medical expenses up to $5,000.
Reimbursement of medical and rehabilitation expenses, as well as potential payment for any future medical expenses.
Compensation for loss of wages, superannuation and potential future economic loss.
Compensation for pain and suffering, and loss of enjoyment of life.
Legal costs.

Your motor vehicle accident lawyer will likewise explain the role of your Compulsory Third Party (CTP) insurance, a mandatory insurance policy applicable to all registered vehicles in Australia. CTP insurance provides coverage for personal injuries caused by the owner or driver of a registered vehicle to other eligible parties we’ve touched on: drivers, passengers, pedestrians and cyclists.

Notably, CTP insurance doesn’t cover damage to vehicles (or property that may be damaged due to an accident). Instead, it focuses solely on compensating individuals for their injuries and associated losses. Each state and territory in Australia has its own CTP insurance scheme, and the specific coverage and benefits may vary.

Following your lawyer providing you with the necessary legal advice and information, you should have a feel for whether the lawyer is the right ‘fit’ for you, and understand the financial implications of your potential claim.

Gerard Malouf & Partners

Why choose Gerard Malouf & Partners?

Selecting Gerard Malouf & Partners to be your car accident lawyers ensures that your compensation claim is managed by one of Australia’s leading No Win No Fee law firms. We are unique in Australia, with a 90-day complimentary free trial, a unique satisfaction guarantee and our staff are dedicated to our triple “C” service – to provide compassion, commitment and competence for all our clients.

Gerard Malouf & Partners is not a giant, publicly listed law company but one of the largest private law firms in Australia, focused on personal compensation law.

Free Resources

Our guide to car accident compensation claims

Download our guide to understand important time limits and processes that you need to follow to maximise your chances of success.

> Download Now

More services

Explore more motor vehicle & car accident claims services that Gerard Malouf & Partners offer.

Motor Vehicle & Car Accident Claims

Services Locations

Explore medical negligence service locations.

Services Locations

Frequently Asked Questions

More information about car accident claims

Commonly asked questions concerning motor vehicle accidents and claims for compensation.

How CTP affects payouts?

Compulsory Third Party (CTP) insurance is the insurance plan required for all drivers in Australia. This insurance is typically purchased when registering a car and may even be included as a part of your registration cost. CTP insurance is important for car accident victims because it’s meant to cover any personal injury payouts that result from an incident.

Find out how CTP affects payouts

What should I do immediately after a car crash?

Immediately following a car crash, call the police if you suspect the other driver is under to influence, and call for paramedics if you suspect you have an injury.

Following this, calling your insurer is advised, as well as taking details from other parties and witnesses. Note down any details including time, data and take photos of the scene.

What happens if the negligent driver from a car accident cannot be found?

Where a vehicle cannot be identified, the legislation provides a nominal defendant, which is most cases is the Motor Accidents Authority. A nominal defendant is a substitute for the other party.

How do I start a Motor Vehicle Accident Claim?

Each motor vehicle accident claim requires a police report, accident notification form and personal injury claim form. The claim form is central to your claim and we recommend speaking with a lawyer to ensure the best chance of success. Once you lodge your claim, an Independent Medical Assessor reviews your claims.

What is a no-win, no-fee lawyer?

A no-win, no-fee lawyer can help you pursue your case without the financial risk that would usually be associated with a lawsuit.

Opting for a no-win, no-fee legal team means you will only be charged for their services if you succeed in your claim. This takes away a considerable amount of pressure, allowing you to proceed with a case without worrying about how to cover the costs if you lose.

Can cyclists claim motor vehicle accident compensation?

Getting hit by a car when you are cycling can have devastating effects. In a motor vehicle accident involving a cyclist, the cyclist is almost always injured far worse than anyone else. In addition to personal injury, a cycling accident claim may include pain and suffering damages.

The main goal when pursuing a claim for a bicycling accident involving a motor vehicle is providing the proof of fault and of your injuries and potential other losses. Your accident claim will need to be presented by a qualified attorney who is familiar with cycling accident scenarios, and who will be able to give you the support you need.

At Gerard Malouf & Partners, we will work hard to get you the cycling accident compensation you deserve.

Our Client

Our Promise To You

Our Difficult Case Policy

At Gerard Malouf & Partners, it’s our professional obligation to strive for maximum justice and achievable compensation.

Our difficult case policy ensures that our senior lawyers and experienced management team oversee notably challenging cases. This makes sure that we achieve the best results for our clients seeking accident injury compensation.

We maintain integrity by not accepting a case if we believe it is unlikely to result in compensation, or if the costs to our client outweigh the benefits.

This is our core philosophy and what differentiates us from other law firms.