Overview
Time Limits
No Win No Fee
FAQ

Overview

Has being involved in a car accident for example – either as a driver, passenger or pedestrian – taken a toll on your finances, family life and/or physical capabilities, especially if you have sustained a personal injury?

If you have lost a loved one as a result of a motor vehicle accident, their dependents may also be able to claim for funeral expenses and loss of financial support.

This includes all personal injury claims for:
•    Road accidents;
•    Car accidents;
•    Bicycle accidents;
•    Motorbike accident;
•    Pedestrian accidents;
•    Truck accidents;
•    Bus accidents.

Over the years we have successfully acted for drivers and/or passengers who have suffered through no fault of their own. A claim through Splatt Lawyers will cover all of your physical injuries as well as any psychological injuries (if applicable) and losses. This includes past and future costs.

You may be able to claim for
•    Medical expenses, rehabilitation expenses (such as physiotherapy, massage, etc) and hospital expenses;
•    Loss of earnings;
•    Pain and suffering;
•    Help around your home (paid or unpaid).

Take action now as strict time limits apply when seeking compensation for an injury sustained in a motor vehicle accident, whether you are a driver, passenger or pedestrian.

Time Limits

Strict time limits apply when seeking compensation for an injury sustained in a motor vehicle accident, whether you are a driver, passenger, or pedestrian.

Generally, you have only three years from the date of an accident within which to issue proceedings in Court. If you do not do so then you could lose your rights forever and be prevented from claiming (‘statute barred’).

You should also be aware that before you can issue proceedings in Court you must first comply with ‘pre-Court’ notification and other procedures pursuant to the Motor Accident Insurance Act (MAIA).

A ‘Notice of Accident Claim Form’ must be given to the CTP insurer of the vehicle(s) at fault. Generally this must be done within nine months of the accident or within one month of retaining the services of a solicitor.

In circumstances involving an unregistered or unidentified motor vehicle the time limits are very strict and a notice must be given to the Nominal Defendant within three months.
The Nominal Defendant is a government body that takes the place of the CTP insurer in circumstances where the ‘at fault’ vehicle is either unregistered or unidentified.

If pre-court procedures have not been completed and the three year limitation period is drawing near an application must be brought within the limitation period before a Judge. The Judge may make orders allowing proceedings to be filed outside the three year period once pre-court procedures have been completed. However, such proceedings must usually be filed within 60 days of a compulsory conference.

Failure to lodge the Notice of Accident Claim form and follow other procedures within time can jeopardize a claim.

No Win No Fee

At Splatt Lawyers we acknowledge that many injured people become financially distressed as a result of an injury and may not be able to afford the up-front costs involved in running a claim for personal injuries.

We work on a No Win No Fee Basis, we will agree to act on a speculative basis after a careful assessment of the facts and circumstances of your case. To act on a speculative basis means that we undertake not to render an account for our professional costs unless and until the matter is successfully concluded in your favour.

For more information about our No Win No Fee policy click here.

FAQ

What type of accidents will fall under Road Accidents?

Over the years we have successfully acted for drivers and/or passengers who have suffered through no fault of their own injuries such as (but not limited to) head injuries, knee injuries, shoulder
injuries, back injuries, wrist injuries, neck injuries, broken bones, breaks, fractures and dislocations as well as psychiatric and emotional disabilities.

Road or motor vehicle injury claims include accidents involving a car, motor vehicle, motorcycle, motor bike, bus, pedestrian, bicycle, cyclist, truck, whiplash, pillion rider, passenger, hit and run, driver,
road fatality, coach accident, automobile, crashes and collisions, disfigurement, scarring, head and brain injury.

What if I have a motor vehicle accident on my way to or from work?

If you have a car accident on your direct way to or from work you will need to lodge a notice of claim with the correct compulsory third party (CTP) insurer.

You will also need to lodge an application for compensation with WorkCover.

However, as is the usual case, there will be no negligence alleged against your employer so a common law claim will proceed only against the compulsory third party (CTP) insurer of the at fault vehicle.

What if I drive for my job and have a motor vehicle accident during my work – is it a WorkCover claim or a motor vehicle claim?

The simple answer is both. If you have a car accident at work or on your way to work you will need to lodge a notice of claim with the correct third party insurer of the at fault vehicle.

You will also need to lodge an application for compensation with WorkCover. However, as is the usual case, there will be no negligence alleged against your employer.

A common law claim will proceed only against the compulsory third party insurer of the at fault vehicle.