Travelling by car in Australia to see friends and family over any holiday period can be a happy occasion, but generally speaking, with this increase in travel, so too are the incidences of Motor Vehicle Accidents.
It can be difficult to know what to do if you are unfortunate enough to be involved in a Motor Vehicle Accident. This guide will show you what you can do to best preserve your legal rights and entitlements, if you have sustained an injury as a result of a Motor Vehicle Accident.
Step 1 – Obtain information and Call Police
First check if anyone is hurt and whether an ambulance is required, then you need to exchange details with the other driver(s) including driver’s license number and their insurer details. You need to find out which insurer provides the green slip (CTP) insurance for the other car involved. Alternatively, this information can be obtained by, calling the Motor Accidents Authority on 1300 656 919, and giving them the other car’s license plate details.
You need to report the accident to the police within 28 days, preferably as soon as possible directly after the incident. Get a police event number by asking the police if they attend the scene, or by calling the Police Assistance Line on 131 444. It is also worth attempting to obtain a copy of the police incident report.
Step 2 -Consult your Doctor
If you are experiencing any adverse symptoms as a result of the accident make sure you attend the hospital, or if it is a few days later your GP. Firstly this will help with treatment and management of your injury, but will also help document your injuries and provide information on the nature and extent of your injuries. This information will be useful when making your claim.
Step 3 -Complete an Accident Notification Form (ANF)
You will have 28 days to lodge this form with the Motor Accidents Authority or relevant CTP insurer. This form can be lodged by anyone involved in a motor vehicle accident and entitles the applicant to $5,000 worth of medical treatment and lost earnings. This cover is offered regardless of who was at fault in the accident or other liability issues such as contributory negligence. It is important to remember that if this form is not lodged within 28 days from the date of the accident, this provisional cover will be lost.
For your convenience, follow this link to the Accident Notification Form
http://www.maa.nsw.gov.au/media/forms/if-youve-been-injured/Personal-Injury-Claim-Form-MAA692.pdf
Step 4 -Personal Injury Claim Form (PICF)
If your loss of earnings and medical treatment expenses are going to be over $5,000 you need to lodge a Personal Injury Claim Form within 6 months from the date of the car accident. You can do this on your own or provide all the information relevant to the incident to your solicitor who can assist with this form, and a further claim for damages.
This form must also be lodged with the Motor Accidents Authority or relevant CTP insurer. This cover however, is only extended to those parties involved in a motor vehicle accident who were not at fault in the accident, or were only partly to blame.
This form can be submitted independently, however it may be worth consulting a solicitor prior to submitting this form.
For your convenience, follow this link to the Personal Injury Claim Form.
http://www.maa.nsw.gov.au/__data/assets/pdf_file/0005/19652/personal_injury_claim_form_MAA21.PDF
Step 5 -Seek Specialist Legal Advice
The process in regards to making a claim for compensation as a result of a Motor Vehicle Accident can become quite complicated and involved. Seeking specialist legal advice will guarantee that your claim is processed effectively and your claim for compensation is as strong as it can be.
If you have been unfortunate enough to have been involved in a Motor Vehicle Accident, the team at Koffels is experienced with this type of work, and is more than happy to help you obtain rightful compensation.
William Yeo , Solicitor
