Unknown by many motorists around the country, what can be claimed in a motor accident is entirely dependent on what state you live in. Each state maintains different laws regarding insurance claims, and if you are unaware of the relevant laws in your particular state, there’s a good chance you might be in for a nasty surprise – a road accident in Perth may have a very different outcome from a road accident in Melbourne.
To clarify claim laws for those potentially unaware or searching for more information, Marocchi Law are illustrating the differences in motor accident laws between states in this blog.
Motor Vehicle Accident Claims in New South Wales
In New South Wales it is possible to claim up to $5,000 if you caused an accident, but this sum represents the claim ceiling – it is not possible to claim more than this. In the event that an accident was caused due to negligence on the road, it is possible for the compensation amount to be reduced depending on the circumstance. Thee NSW Lifetime Care and Support scheme allows for drivers to have rehabilitation and care provided if they are catastrophically injured, regardless of whether they were at fault in the accident.
If a driver isn’t at fault in an accident, they can claim for medical expenses, income loss, and in some instances, assistance costs.
Motor Vehicle Accident Claims in Western Australia
Residents of Perth and the rest of WA have more difficulty making claims from motor vehicle accidents than many other states. In the event that you as a driver caused an accident, you aren’t able to make a claim at all. This is also true if you are partly at fault for the accident.
If you are in a motor vehicle accident and are not at fault, you are able to claim compensation for both past and future lost income, medical care, rehabilitation, and domestic assistance.
Motor Vehicle Accident Claims in Queensland
As with Western Australia, drivers in Queensland are unable to make a claim if they are at fault or partly at fault in an accident.
If the driver is not at fault, compensation can be claimed for past and future income losses, medical care, rehabilitation, and domestic assistance.
Motor Vehicle Accident Claims in Victoria
Victoria has the most flexible and forgiving compensation laws in place for drivers. Drivers at fault in an accident are still able to make a claim (as long as the vehicle is registered in Victoria) – this claim process also extends to public transport.
Regardless of whether you are at fault, party at fault, or at no fault you are able toclaim compensation for the cost of hospital stays, rehabilitation, support services, and lost income. It is also possible for funeral expenses and dependency benefits to be claimed in the unfortunate event that you lose a partner in a motor accident.
Motor Vehicle Accident Claims in Tasmania
Compensation claims work similarly in Tasmania to Victoria – drivers that have caused an accident, partially caused an accident or are simply victims in the accident are able to claim compensation for hospital costs, rehabilitation, support services, and lost income.
Motor Vehicle Accident Claims in South Australia
In South Australia, if you have caused an accident you are unable to make a compulsory third-party claim. If a driver is found to be over 25% at fault, they may be required to pay the excess if an inquiry claim is lodged for the accident.
Drivers not at fault are able to claim compensation for medical treatment costs, pain and suffering, loss of potential earnings, and dependency benefits.
Like to learn more about motor vehicle compensation laws?
If you have any questions about the road accident laws in your state from a team of expert compensation lawyers, Marocchi Law are here to help you every step of the way. Get in touch with our team with any of your enquiries, and we’ll be able to walk you through the best course of action for you.
