Vehicle & Motor Accidents
7. Injury to a Person
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 28 Aug 2015
- If you have been injured in an accident you should lodge a claim with your state or territory transport accident body as soon as possible. There are strict cut off dates for lodging claims.
- If you feel as though your injury will not require treatment you should still notify the body of your injury in case it worsens and you require treatment in the future.
- Timelines and rules vary between states and territories so you should visit the website of the relevant body through the links below.
- Australian Capital Territory Treasury:
- New South Wales Motor Accidents Authority:
- Northern Territory Motor Accidents Compensation Scheme:
- Queensland Motor Accident Insurance Commission:
- South Australia Motor Accident Commission:
- Tasmania Motor Accidents Insurance Board Tasmania:
- Victoria Transport Accident Commission:
- Western Australia Insurance Commission of Western Australia:
- If you intend to lodge a claim with the relevant body you will also need to file a police report if the police did not attend the scene of the accident.
- When you call the relevant body to lodge your claim you should have the following details ready:
- details of the accident including location and circumstances;
- details of your injury;
- details of vehicles involved in the accident including:
- their registration numbers;
- the drivers’ details; and
- the number of passengers;
- details of the police member who took your report or attended the scene of the accident;
- your employment status including any time you have taken off work due to your injury; and
- your bank details.
- Once you lodge a claim with the relevant body it will consider your circumstances and make a decision. Decisions relate to the treatment and services you are entitled to receive to help you recover from or live with your injury and compensation for any loss of employment. Information is usually requested from health care practitioners to determine the nature of your injury.
- The types of benefits the relevant body may be able to provide you include:
- medical treatment;
- rehabilitation services;
- disability services;
- household support services;
- income assistance; and
- travel support services.
- If you disagree with the decision made by the relevant body you may apply to have it reconsidered or reviewed. If you think you need legal advice you can use our free Find a Lawyer directory to contact a lawyer near you.
- In general you may seek internal review of the decision. In some states and territories a dispute resolution process is available. A conference will usually be held to try to resolve the dispute using an independent mediator or facilitator.
- You may also apply to the relevant tribunal in your state or territory for a review of the decision.
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