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Dec 01

How to Lodge a Motor Vehicle Accident Compensation Claim for Property Damage in Brisbane

Thursday, December 01, 2016

How or if you can claim for property damage resulting from a motor vehicle accident will essentially depend upon who is at fault for causing the accident and what type of insurance policy you may have.

If you have sustained a personal injury as a result of the car accident, please refer to our article “”How to Lodge a Motor Vehicle Accident Compensation Claim for Personal Injury in Brisbane, Queensland” for further information relating to the statutory timelines and the process involved etc.

Scenario: If you are the not-at-fault driver involved in the accident

If you have comprehensive insurance:

In the event that you have sustained damage to your vehicle or other property, you can make a claim through your insurer.

You will have to initially pay the excess amount nominated in your insurance contract.

In the event that the insurer is confident that they will be able to recover the costs for damage from the at-fault driver, your insurer may or may not reimburse you the excess amount.

If you have third party property insurance:

Depending upon your insurance policy; you may:

  • Be able to either claim a limited amount for damage to your car in the event that the other car is not insured; OR
  • You may only be covered for damage caused to other vehicles or property resulting from your involvement in the accident. For example, the at-fault driver may have shunted you into a fence. Your third party insurer may only cover the damage your vehicle caused to the fence as opposed to the damage to your vehicle.

If you are uninsured:

In the event that you are uninsured, you will have to make the decision as to whether to personally sue the at-fault-driver to recover damages rendered to your property or vehicle.

Scenario: if you are the at-fault driver that caused the accident

If you have comprehensive insurance:

Depending upon the terms and conditions of your insurance policy, your insurance policy may cover you for damage you may have caused to another vehicle or property and, perhaps, may provide a limited amount for the damage sustained to your own vehicle.

Please refer to your Policy Disclosure Statement and insurance contract for further details.

If you have third party property insurance:

You will not be covered for any damage to your own vehicle under this type of insurance policy. This type of insurance policy offers cover in terms of the cost of damage to the other vehicle and / or property.

If you are uninsured:

You will be liable to pay for any damage sustained to either your vehicle, another vehicle or property damaged as a result of your negligence.

How to make an insurance claim for property damage resulting from a motor vehicle accident

After determining whether you can make a claim for damages or not, you will need to lodge a claim with your insurer.

You have up to 6 (six) years to lodge a claim with your insurer for damage sustained to your vehicle resulting from a motor vehicle accident. However, we recommend commencing the claim for property damage as soon as possible.

Please note, that the time limit for initiating a claim for personal injury resulting from a motor vehicle accident is much shorter than the time limit for initiating a claim for property damage. We recommend contacting East Coast Injury Lawyers on 1 300 720 544 for a free, initial consultation in order to ensure you do not miss any applicable time limits.

To initiate the claim’s process, most insurance providers require that you call them and request a claim form which will be sent to you via email or mail. However, a number of insurance providers can initiate and complete the claim’s process over the phone. Please refer to either your insurance policy’s Product Disclosure Statement or the website of your motor vehicle insurer to confirm the method by which you can submit your completed claim form.

In the event that you call your insurer, ensure you know what you are going to say about the motor vehicle accident. Have accessible information relevant to your claim. This information would include your vehicle’s registration number, your motor vehicle policy number, the other vehicle’s registration number and as much detail of the accident as you can provide. For example, the exact location of the accident, your vehicle make and model, what direction you were travelling in etc.

Once you have returned to the insurer your completed claim form, the claim will be considered as lodged. After the claim has been lodged and you have paid your excess, your insurer will commence the claim’s process.

Your insurer should inform you within 10 days of lodging your claim whether your claim is to be accepted or denied. Please refer to your Policy Disclosure Statement for further details.

Depending upon the circumstances of your accident, once your claim has been accepted, your insurer may assume the role of pursuing either the driver who was at fault or the at-fault driver’s insurer with regard to paying for the damages caused by the at-fault driver.

Your insurer will compensate you according to the terms and conditions of your insurance policy’s Product Disclosure Statement and the particulars of the motor vehicle accident.

We encourage you to take advantage of our free, initial consultation with one of our accredited personal injury law specialists to address any questions you may have about either the process involved or if you have grounds to make a claim. Please call us now on 1300 720 544 or fill out a contact form.


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