It’s important to seek legal advice as soon as possible if you have been injured in a car accident, motorbike accident or bicycle accident. You may be eligible to claim for compensation under compulsory third party insurance.

As of 1 July 2013 the legislation regarding compensation changed and now your entitlement to compensation is limited unless your injuries are deemed severe enough.

How long do I have to make a personal injury claim?

If you have been injured in a vehicle accident, you must complete an Injury Claim Form within 6 months of the accident. This must be submitted to the compulsory third party insurer (currently Allianz).

You have three years from the date of the accident to either finalise a claim or issue proceedings in court claiming compensation.

What can I claim for, and how is it calculated?

The amount of compensation you can claim will depend on the severity of your injuries, including the duration of your recovery and whether you have a permanent impairment.

The severity of your injuries is calculated using a numerical scale known as the Injury Scale Value (ISV). Some types of compensation (such as medical expenses) can be claimed regardless of the severity of your injuries. However, other types of compensation (such as non-economic loss) can only be claimed if you meet the relevant ISV thresholds.

A claim for compensation is made up of various types of compensation (‘heads of damage’), and may include:

  • Non-economic loss
  • Future economic loss
  • Special damages
  • Future medical expenses
  • Future care and other services
  • Gratuitous (voluntary) services
  • Wilson v McLeay damages (relating to travel)
  • Loss of consortium
  • Past economic loss
  • Paid care and assistance.

To find out more about what is covered under each of these heads of damage, click here.

To discuss your motor vehicle accident and whether you may be eligible for compensation, contact Ester at Hume Taylor and Co for a free consultation today.

 

Please note: if you were injured in an accident prior to 1 July 2013, different rules apply and you should speak to a lawyer as soon as possible about making a claim.