Can I make a claim for car accident compensation in the ACT?

Published 05 Jan 2017

Car accidents are one of the leading causes of premature death in the country, with Australian Institute of Health and Welfare figures showing 1,206 people died from land transport crashes in 2012.

The ACT government’s latest Road Crash Report revealed that 7,850 ‘on-road’ accidents occurred in 2015, creating 813 casualties and 15 fatalities. These incidents led to 131 hospital admissions throughout the 12-month period.

Provisional drivers are the most at-risk in the ACT, comprising 21 and 13 per cent of crashes that resulted in fatalities and injuries, respectively. This is despite these drivers only making up 6 per cent of all licence holders in the territory.

But what compensation is available if you or a loved one is involved in a car accident in the ACT? Let’s take a look at what you could be eligible to receive.

Are you eligible for compensation?

Drivers who are not at fault in a car accident could be able to access both an early payment for medical expenses and personal injury compensation. Early payments are capped at $5,000, while payouts for personal injuries resulting from the crash will depend on the different factors relevant to your case.

Furthermore, you don’t have to be a driver to be eligible for motor vehicle compensation. Various road users are able to pursue claims, including passengers, pedestrians, cyclists and motorcyclists.

You cannot usually make a claim for personal injury compensation if you were to blame for the accident. If you were only partly at fault, you my be eligible, although the final settlement is likely to be lower to reflect your culpability.

What compensation is available?

As mentioned, your personal injury payout will reflect the unique circumstances of your accident. However, you will usually receive money to cover:

  • Treatment;
  • Rehabilitation and care;
  • Economic losses, such as income and superannuation; and
  • Non-economic losses, including pain and suffering.

In addition, people who suffer catastrophic injuries from car accidents may be able to access the ACT Lifetime Care and Support Scheme (LCSS). The initiative covers conditions such as permanent blindness, amputations, brain damage and other devastating long-term injuries resulting from motor vehicle crashes. ACT LCSS is also available to those who are injured in the workplace.

Would you like to know more about motor vehicle injury compensation in the ACT? Please contact Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers.