Thursday, March 22, 2018

If you have sustained an injury in a car accident after 1 December 2017 then you are entitled to compensation under the new Motor Accident Injuries Act 2017.

What to do after a car accident? 

Seek Medical Help

If you have sustained injury in a motor vehicle accident you should immediately seek medical help, either from your local general practitioner or if necessary at the Emergency Department of the nearest hospital.


The accident needs to be reported to the police within 28 days and you need to obtain an event number from the police.This is very important.If the accident is not reported within 28 days, then you may not be able to make a claim for personal injury benefits.


Other information you should record after the accident is the following: 

  1. The name, address and phone number and licence details of any drivers involved in the accident.
  2. The make, model and number plate of any cars involved in the accident.
  3. Contact details of anyone who witnessed the accident.
  4. The time, date, and location of the accident, including the nearest cross street.
  5. Whether police or ambulance attended the scene of the accident.
  6. If possible, take photographs of the accident scene including the location and any damage to any of the vehicles.


If you wish to make a claim for personal injury benefits following the car accident you need to do so within 28 days.You need to notify the insurer of the vehicle that you consider to be at fault.You need the registration number of the vehicle you consider at fault.You then call CTP Assist on 1300656919 to find out who the CTP insurer is of the vehicle you consider at fault.

Once you have the details of the CTP insurer, you need to complete an Application for Personal Injury Benefits as well as a Certificate of Fitness which can be completed by your general practitioner.

Anyone involved in a motor vehicle accident can make a claim for personal injury benefits for up to six months of weekly payments and medical expenses, even if the accident was your fault (unless you are charged with a serious driving offence then you may not be able to make a claim).

After six months, you are only entitled to continue to receive weekly payments of compensation and medical expenses if the insurer decides that: 

  1. The accident was caused by the fault of another driver (that is the accident was not your fault); and
  2. You have more than a “minor injury”.

You can challenge the insurance company’s decision through the Dispute Resolution Service of the State Insurance Regulatory Authority (SIRA).

For more information please see our blog articles on the new Motor Accidents Injuries Act 2017 HERE .

If you're still not sure about what to do after a car accident, we can help you. Contact us as soon as possible on:

  1. Ph: (02) 8518 1120
  2. Email: info@garlingandco.com.au
  3. Or complete our FREE Confidential Case Assessment here


About Matthew Garling.

Matthew Garling, Founder of Garling & Co is a NSW Law Society Accredited Specialist in Personal Injury Law. He specialises in compensation law and has acted on behalf of thousands of injured people in work accidents, motor vehicle accidents and negligence cases over the last 20 years.

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