Your entitlement will depend on a variety of factors, including:
- the circumstances of the accident,
- the extent of the injury suffered, and
- your personal circumstances.
The following applies to injuries sustained in motor vehicle accidents after 1 December 2017
The majority of people who are injured in a motor vehicle accident are entitled to statutory benefits, lasting for a period of six months from the date of the accident
Statutory benefits may include weekly payments which act as a compensation for loss of income and medical expenses, including treatment, rehabilitation and the cost of carers.
Statutory benefits will continue for longer than six months if the injured individual is not at fault and has suffered more than a “minor injury”.
You may be entitled to claim damages in the form of a lump sum compensation. You will only be eligible to claim for damages if you were not at fault and you have suffered more than a “minor injury”.
Damages can include economic loss (past or future loss of earnings or a reduced ability to earn future income) as well as non-economic loss (compensation for pain and suffering).
Are there any time limits on a motor vehicle accident claim?
The following time limits are appliable:
- The accident must be reported to the Police within 28 days of the accident. You must obtain an accident event number from Police.
- A claim for statutory benefits must be made within 3 months of the accident.
- In order to receive payments backdated to the date of the injury, a claim for statutory benefits must be made within 28 days from the date of the accident.
- A claim for damages cannot be made until after 20 months of the accident and must be made within 3 years. There is an exception if whole person impairment is assessed as being greater than 10%.