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Motor Vehicle & 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, then 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, over 35 years experience in getting the best compensation possible for people and huge experience helping and winning successful cases for clients who have been injured in car accidents.

Expert Car Accident Lawyers

At Gerard Malouf & Partners, we specialise in personal injury law and we are one of Australia’s leading and experienced car accident lawyers.

We act for individuals injured in car or motor accidents and who need support to challenge the giant insurance companies. We’re good at it.

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 from 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 in car accidents. 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. 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 “in’s and out’s” of each state’s legislation because we deal with them everyday. 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.

We manage motor vehicle accident claims for clients across New South Wales, The ACT, Queensland and Victoria.

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

Find the right lawyer for your car accident claim

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

Following this call, 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 for your car accident compensation claim means you will be supported 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 Motor Vehicle Accident Claims​

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

We're here to help

Contact us for no-obligation legal advice about your claim.

Car Accident Lawyers
Free Resources
Our guide to Motor Vehicle Accident Claims

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

Frequently Asked Questions

More information about car accident claims

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.

What Types Of Motor Vehicle Claims Do We Manage?

“Thank you so much for my claim, it has helped me, my Husband and Daughter through a very rough time and your services run smoothly and very professional. I was very impressed.”


Our Client
Our Promise To You

Our Difficult Case Policy

At Gerard Malouf & Partners we have introduced a policy that if any case appears to be overly difficult or unlikely to obtain a good result for the client our lawyers must bring it to the attention of the management team via a detailed pro forms explanation early and then our management team will take all steps possible to ensure it is successful and that we obtain the maximum result for the client.

This is unlike other law firms who often run compensation claims in a mechanical way. At Gerard Malouf & Partners, our personal injury claims services handle each claim thoroughly and comprehensively prepare it in every aspect.

This is more tedious, more complex and costlier for our firm in some ways but the best result will be achieved every time for our clients seeking accident injury compensation service. It is our professional obligation to strive not just for some justice but for the maximum achievable. This is our core philosophy and what differentiates us from other law firms.

Our TeaM

Meet the Motor Vehicle Accident Team

Meet some of the diverse and dynamic compensation lawyers that support our clients with their Motor Vehicle Accident claims.

Rita Furfaro
Senior Associate
Vrege Kolokossian
Senior Partner
Garbis Kolokossian
Partner

We're here to help maximise your compensation

Call us now on 1800 004 878 to book a free appointment with one of our compensation experts, or make an enquiry online now.

Gerard Malouf
© 2021 
Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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