How Do I Lodge an MVA Claim? The Motor Vehicle Accident Explained
When dealing with a serious accident that has led to injury in Queensland, it is advisable to speak with a personal injury lawyer. Most of them provide free initial legal advice so you do not have to go around ‘recreating the wheel.’
As a guideline, East Coast Injury Lawyers can help you better understand the MVA claim process:
1) Report the accident to the police.
The driver of the vehicle, as well as any person making a compulsory third party (CTP) claim is required by law to report the accident to the police.
- If you are the driver, go to nearest police station from where the accident happened.
- If you are not the driver and are unsure if the accident was reported, then complete a Report of Traffic Incident to Police form and take it to the nearest police station from where the accident happened.
2) Lodge a Claim
The claim for compensation is lodged and dealt with by the CTP insurer of the vehicle that was ‘at fault.’
You will need to complete the following steps to lodge a claim:
- Report the accident to the police (if you have not done so already).
- The registration number of the vehicle responsible for the accident.
- Obtain a police accident report reference number from the police.
- Complete a Notice of Accident Claim form in as much detail as you can. If you don’t, this may delay your claim. If you care claiming for a fatal injury, you must complete a Fatal Injury Claim form.
- Get your doctor (GP or medical specialist) to complete the medical certificate (attached as part of the claim form).
- Send the completed form to the CTP insurer of the ‘at fault vehicle’ with any copies of reports, documents, accounts and receipts you have to prove your losses.
3) REMEMBER THE DEADLINES!
Different timelines apply if you are under 18 at the time of an accident. Speak with a personal injury lawyer to get the relevant law for your circumstances.
Otherwise, you have 9 months after the motor vehicle accident or the first appearance of the symptoms of your injury to lodge your claim, OR:
You have 3 months to give notice if you are claiming under the nominal defendant scheme. This applies if you cannot identify the motor vehicle.
Your claim may be rejected if you lodge outside of the dictated time restrictions.
What if I don’t know who the other car’s CTP insurer is?
The easiest way to get this information is to contact the Motor Accident Insurance Commission (MAIC) CTP Enquiry Line on 1300 302 568. You will need to have:
- Any details of the accident
- Registration Number of the at fault vehicle
- If possible, the Police accident Report reference number
Why should I hire a personal injury lawyer?
The information provided here is very general and does not fully account for all of the circumstances of your claim.
A common mistake made by claimants is underestimating the complexity of the legal process. Mistakes during the initial process may lead to delays and even more costs.
In terms of dealing with a car accident claim, general information researched online should never be a replacement for seeking the services of a legal professional.
What can East Coast Injury Lawyers do to help me?
Our firm can alleviate a lot of the confusion about your claim by first offering you a no risk, free initial consultation. We encourage you to contact us so that you can tell us your story and let us help you decide if pursuing a claim is in your best legal interest.
Just simply fill out our case review form or contact us at 1300 720 544 to speak with an accredited specialist of personal injury today.
Contact us today. Strict time limitations are imposed on filing a claim and you do not want your legal rights to be prejudiced.