Claiming motor injury compensation can be a confusing and stressful experience if you don’t have the right support behind you. With different rules and regulations outlined by individual state government’s within Australia, it’s important to know what the process is in your hometown, so you have the best chance of successfully claiming compensation.
If you’ve been in a motor vehicle accident in Western Australia or New South Wales read on for a brief step by step of how to claim, and to see why it’s essential you have the right support behind you.
Making a Motor Injury claim in Western Australia
First step: Fill out a crash report
To lodge a claim you first need to fill out a crash report via https://www.crashreport.com.au/ocrf/
The crash report will require you to provide information including:
- Names and addresses of all parties involved in the accident including drivers, passengers and witnesses
- The licence plate details of any WA vehicles involved
- Time, date and location of the accident
Second Step: Lodge your claim with the Insurance Commission of Western Australia (ICWA)
In Western Australia, third party insurance is mandatory for vehicle owners under the Motor Vehicle (Third Party Insurance) Act of 1943 and Motor Vehicle (Catastrophic Injuries) Act of 2016 and is automatically covered in your vehicle registration.
If you’re in an accident in WA involving another vehicle registered in WA you need to work with the Insurance Commission of Western Australia (ICWA) for your claim. The ICWA handles all injury claims from minor accidents to fatalities. When you make a motor injury claim you essentially claim against the ICWA, not the other person/s involved.
1. Once you’ve lodged your crash report you need to contact the ICWA to request a claim form.
2. Claims for medical bills can usually be reimbursed without the full claims process by providing receipts of your paid bills
3. For major and fatal injuries you’ll be required to fill out Notice of Intention to Claim and a Medical Authority form. You’ll need to provide evidence of medical bills and supporting documents.
4. Once you’ve filled out the form and returned it to the ICWA you’ll be provided with a receipt of documentation and be issued a Claim Number.
Third Step: Claims Assessment
Once your claim has been lodged, the ICWA will begin your claims assessment. The assessment takes into consideration a range of factors to determine how much you can claim.
Some of these factors include:
- If the driver/s was under the influence of alcohol or drugs
- If you were using required protective equipment including helmet, seat belt etc.
- Pre-crash income evidence in case there is an appeal for compensation for lost income or inability to work.
- Bills and invoices for specialist medical help
- The statements provided by all parties and witnesses
Your claim should be processed within 25 days of lodgement. Usually, any compensation is paid in one lump sum. You can use your claims number to check on the status of your claim during the process.
Making a Motor Injury claim in New South Wales
First step: Report the accident
In NSW, your first step is to report the accident to the police as soon as possible, and no later than 28 days after the accident.
Second Step: Connect with the relevant Compulsory Third Party (CTP) insurer
Unlike the rest of Australia, in NSW CTP insurance is not covered in vehicle registration, instead drivers and vehicle owners are required to purchase insurance from a private insurance provider.
After you’ve reported your accident to police, you’ll need to make contact with the CTP provider of the driver believed to be at fault. This can be done through the government’s CTP Connect service. You’ll need to provide all the details you know about the accident including the number plates of the other car/s involved.
Third Step: Complete a Motor Accident Act Personal Injury Claim Form
If your claim is under the value of $5000, you may be able to receive compensation for medical expenses and loss of income without lodging a formal claim by filling out an Accident Notification Form (ANF).
To do this you’ll need to provide:
- The registration number of the driver/vehicle at fault
- Police event number from your police report
The CTP provider will let you know within 10 days of submitting the ANF if you can claim early expenses.
If your claim is over $5000
Once you’ve been connected to the relevant CTP provider you’ll be required to fill out a Motor Accident Personal Injury Claim form if you wish to make a claim for over $5000.
Once your form has been completed and submitted to the CTP insurer you’ll be issued with a claim number you can use to keep track of the status of your claim. There are a range of factors that may impact how long the claim takes to process, and how much compensation you can be awarded as outlined by the NSW Government State Insurance Regulatory Authority.
If you have been in an accident and want help handling your motor injury compensation claim to maximise your chance of success, contact our road injury experts at Marocchi Law for a free case assessment.
