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.
Winning successful cases for our clients.
Winning Motor Vehicle Accident Claims
That translates to billions of dollars for our clients.
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.
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.
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:
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.
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.
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:
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.
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:
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.
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.
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:
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.
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.
Download our guide to understand important time limits and processes that you need to follow to maximise your chances of success.
Contact us for no-obligation legal advice about your car accident claim.
Explore more motor vehicle & car accident claims services that Gerard Malouf & Partners offer.
Commonly asked questions concerning motor vehicle accidents and claims for compensation.
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.
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.
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.
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.
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.
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.
Meet some of the diverse and dynamic compensation lawyers that support our clients with their Motor Vehicle Accident claims.
Call us now on 1800 004 878 to book a free appointment with one of our compensation experts, or make an enquiry online now.
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