Car accident claims in Canberra, in short
If you're injured in a motor vehicle accident in the ACT, you can usually claim under the ACT's Motor Accident Injuries (MAI) scheme, which started on 1 February 2020. It pays defined benefits such as treatment and care costs, income replacement and, for more serious injuries, a quality of life benefit, generally regardless of who was at fault. If someone else was at fault and your injuries are serious enough, you may also be able to make a common law claim, which can be worth considerably more. Accidents over the border in NSW are covered by the NSW scheme.
Who can make a motor vehicle accident claim?
You may be able to claim if you were injured in a road accident as a:
- Driver
- Passenger
- Pedestrian
- Cyclist
- Motorcyclist
- Truck accident victim
- Bus or light rail passenger
- Hit and run victim
You can also claim if you were driving for work. In that case you may have both a workers compensation claim and a motor vehicle claim, and the two interact. Getting the order right matters. More on workers compensation.
What the ACT scheme can pay for
The MAI scheme provides defined benefits to people injured in ACT motor accidents. Depending on your injuries, these can include:
Treatment & care
Reasonable medical, hospital, rehabilitation and care expenses related to your injuries.
Income replacement
Payments if your injuries stop you working or reduce what you can earn.
Quality of life benefit
A lump sum for people whose injuries leave a significant permanent impairment.
Death benefits
Support for the family and dependants of someone killed in a motor accident.
Insurers decide these claims, and they don't always get it right. We check that your benefits are calculated correctly and challenge decisions that cut them short.
Serious injuries: common law claims
Defined benefits are only part of the picture. If another driver was at fault and your injuries meet the scheme's seriousness threshold, you may be able to bring a common law claim for damages, including:
- Past and future loss of earning capacity: often the largest part of the claim, especially if you can't return to your old job
- Pain and suffering (non-economic loss)
- Future medical treatment and care
Serious injury claims are where United Legal is strongest. We have acted for many clients with brain injuries, spinal injuries, amputations and injuries needing major surgery. We put three lawyers on every case, and we prepare each claim to be valued properly rather than settled quickly.
Time limits are strict. Notice must be given and claims lodged within set periods, and some deadlines start running from the date of the accident. Get advice early, even if you're still in treatment.
Accidents over the border in NSW
The ACT and NSW run separate schemes with their own rules and thresholds:
| Where the accident happened | Scheme |
|---|---|
| ACT | Motor Accident Injuries scheme (Motor Accident Injuries Act 2019) |
| NSW | CTP scheme (Motor Accident Injuries Act 2017 (NSW)) |
Accidents just over the border, such as in Queanbeyan or on the Kings Highway, fall under the NSW scheme. We can advise on both from our Canberra office.
What to do after a car accident
- Make sure everyone is safe and call 000 if anyone is injured.
- Exchange details with the other drivers: name, address, registration and insurer.
- Take photos of the scene, vehicles, road conditions and your injuries, and get witness contact details.
- Report the accident to police if anyone is injured or a driver leaves without giving details.
- See a doctor straight away, even if you feel fine. Some injuries, like whiplash and concussion, show up later.
- Get advice before you sign anything an insurer sends you.
More detail: what to do in a car accident and how to claim compensation in Canberra.
How much compensation can I get after a car accident in Canberra?
Your car accident compensation in the ACT is made up of two possible parts:
- Defined benefits under the MAI scheme. Treatment and care costs, income replacement while you can't work, and, for more serious injuries, a quality of life lump sum. These are generally available whoever was at fault.
- A common law claim, if another driver was at fault and your injuries pass the scheme's seriousness threshold. This is usually where the larger payouts are: compensation for lost earning capacity, future care and pain and suffering.
The amount depends on how badly you're hurt, how much it affects your work and daily life, and whether you can make a common law claim. Whiplash and soft tissue injuries usually result in smaller claims; fractures needing surgery, spinal injuries and brain injuries can be worth far more.
Insurers make the first assessment of your injuries and benefits, and they don't always get it right. Before you accept any assessment or offer, let us check it. More: compensation payouts and how they're calculated and what the ACT's CTP changes mean for you.
How much does a car accident lawyer cost?
Our car accident claims are run on a No Win, No Fee basis. In plain terms:
- Your first conversation is free, with no obligation to go ahead.
- No upfront fees. You don't pay our professional fees while the claim is running.
- If your claim isn't successful, you don't pay our professional fees.
- If it is successful, our fees are paid out of your compensation at the end, as set out in your costs agreement.
Before we start, we give you a written costs agreement in plain English that explains our fees, any out-of-pocket costs such as medical reports, and an estimate of the total. Ask us anything about it. You should never be surprised by a bill.
Car accident lawyers across Canberra and the ACT
Our Canberra office is in Fyshwick, and we act for people right across the ACT, including Belconnen, Gungahlin, Woden, Weston Creek, Tuggeranong, the inner north and inner south, as well as Queanbeyan and the surrounding NSW region. That includes crashes on the Monaro and Barton Highways, the Majura and Tuggeranong Parkways, the Gungahlin Drive Extension and Canberra's light rail corridor. You can meet us in person, or do everything by phone and video call if it's hard for you to travel. If your injuries mean you can't get to us, we can come to you.
Road accident claims we help with
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