Compensation after a car accident depends almost entirely on which state the crash happened in, because each one runs its own scheme with its own rules and deadlines. Here's a plain English guide, and the car accident lawyers we list in each city.
Car Accident lawyers by city
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Each state runs its own scheme
- NSW
- CTP green slip scheme regulated by SIRA. Most people injured can claim statutory benefits whoever was at fault, for up to 52 weeks if you were mostly at fault or have a minor (threshold) injury, and longer otherwise. If someone else was at fault, you may also be able to claim damages, reduced by your own share of the blame.
- Victoria
- The Transport Accident Commission (TAC) pays medical and income benefits regardless of fault, with a separate path to common law damages for serious injuries.
- Queensland
- A fault based CTP scheme overseen by the Motor Accident Insurance Commission, with the National Injury Insurance Scheme Queensland (NIISQ) for people who are catastrophically injured.
- Western Australia
- CTP is run by the Insurance Commission of WA. Claims are generally fault based, with separate support for catastrophic injuries.
- South Australia
- A fault based CTP scheme, with lifetime support for people with catastrophic injuries regardless of fault.
- ACT
- The Motor Accident Injuries scheme provides defined benefits regardless of fault, with access to common law claims in some cases.
- Tasmania
- The Motor Accidents Insurance Board (MAIB) pays benefits regardless of fault, and you may also be able to claim against an at fault driver.
- Northern Territory
- The Motor Accidents Compensation (MAC) Scheme pays benefits to anyone injured in a crash in the Territory, whoever was at fault and wherever they live, and to Territory residents hurt interstate in a Territory registered vehicle. You generally can't sue the at fault driver for a Territory crash.
What to do after a crash
- Get medical attention, even for injuries that seem minor. Some show up days later.
- Report the accident to police, especially if anyone was hurt. Most schemes require it.
- Swap details with the other driver and take photos of the vehicles, the scene and any injuries.
- Keep every receipt and record time off work.
- Check the deadline for your state before you do anything else.
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Car Accident lawyers: common questions
Can I claim if the accident was partly my fault?
Often, yes, but it depends on the state. Some schemes pay certain benefits regardless of fault, while others reduce or limit what you can get if you were mostly at fault. A local lawyer can tell you what applies to you.
How soon do I need to make a claim?
Sooner than most people think. In NSW, for example, you generally have to make your claim within 3 months, and within 28 days of the accident if you want weekly payments backdated to the day after the crash. Other states have their own notice deadlines, so get advice early.
Do I need a lawyer for a CTP claim?
Not to lodge a claim, and some schemes are designed so you can claim directly. Legal advice is more often needed for serious injuries, disputed claims, or claims for future losses.
What if the other driver was uninsured or drove off?
Most states have arrangements for accidents involving an unidentified or uninsured vehicle, so you may still be able to claim. Report the accident to police as soon as you can, because that's usually required.
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