Motor Vehicle Accident Claims

Individuals must lodge a claim within nine (9) months of the date of the accident, or within one (1) month of consulting a solicitor. If this is not done, it is important to understand you can still lodge a claim, however, reasonable explanation for the delay will be required.

If an individual does not commence Court proceedings within three (3) years from the date of accident, they will forever lose their right to claim.

In the event you cannot identify the “at fault” vehicle, you should contact our team at Wyatts Lawyers immediately. Where a car cannot be identified or where its registration has lapsed, individuals only have a three (3) month period from the date of accident to lodge their claim forms.

To ensure a successful outcome of a motor vehicle or car accident claim, it is important to ensure the following are completed as soon as possible after the accident:

• The accident is reported to the police authorities as soon as possible – and record the details of where and when reported
• Identification of the vehicle and driver at fault, including registration and driver licence numbers
• Identification of the relevant Compulsory Third Party Insurer
• Notification of claim to Compulsory Third Party Insurer
• Personal, written account of what happened to you and details of the accident
• Taking photographs of the location where the accident occurred.
• Keeping copy of all medical records/reports relating to your injury. This includes documents such as medical certificates, x-ray reports, ultrasounds reports, medical appointment dates etc.
• Recording any incurred expenses or lost income due to your injuries.
• Keeping record of any reports made of your injury and any responses received from any parties involved.

To start a motor vehicle or car accident claim, the following are required to be completed:

1. A Report of Traffic Incident to Police Form – this is required to b taken to a Police Station. Report the crash to a Police Station, not to the Policelink. This will enable you to get the reference number (QP number) to add to the claim form.
2. Notice of Accident Claim Form.
3. Medical Certificate
4. Claimant Certificate
5. A certified proof of ID (a driver’s license or passport)

As the Notice of Accident Claim From is an integral part to commencing a motor vehicle or car accident claim, to ensure the best outcome and success is achieved for your claim, we highly recommend speaking with one of our specialist solicitors before you lodge it. This will ensure we can assess your situation and advise you of the ideal line of action. Our team will help guide you through the entire process while we get your claim under way.

Where there is no registration of the vehicle at fault, a Government body known as the ‘Nominal Defendant’, will take the place of the third-party insurer. If this is the case, you must lodge your claim within 3 months of the accident, otherwise you will lose your right to claim compensation.

In the event you are partly at fault for the accident, you can still make a claim, however the compensation you are entitled to may be reduced.

Wyatts Lawyers strongly recommend all individuals involved in a motor vehicle accident should obtain appropriate legal advice before signing any documentation or responding to any settlement offer from a third party. This could cause individuals to lose their right to claim for damages.

Wyatts Lawyers help all those affected by motor vehicle and car accident injuries in New South Wales, the ACT, Queensland, and Victoria.