What to Do After a Serious Car Accident in Australia

What types of accidents create a personal injury claim in Australia?

Personal injury claims arise when you are injured because of a motor vehicle crash, unsafe premises, a defective product, medical negligence, or at work. Each category has its own insurer, rules, forms, and deadlines.

• Motor vehicle accidents - state CTP schemes cover treatment and income benefits, with common law claims for serious injuries. Key statutes include Motor Accidents Injuries Act 2017 (NSW), Transport Accident Act 1986 (VIC), Motor Accident Insurance Act 1994 (QLD).
• Public liability - injuries in public places or private premises, often under the Civil Liability Act in each state. In QLD, pre-court procedure is under the Personal Injuries Proceedings Act 2002 (PIPA).
• Medical negligence - claims against healthcare providers for negligent treatment. Pre-action protocols apply in some states (for example QLD under PIPA).
• Work injuries - state workers compensation schemes provide statutory benefits and, in limited cases, common law damages if thresholds are met.
• Product liability - injuries from defective or unsafe products under Australian Consumer Law, often combined with negligence claims.

Which insurance pays after a serious car crash and how does CTP work by state?

Compulsory Third Party (CTP) insurance or state motor accident schemes pay for treatment, some income support, and, for more serious cases, lump sum damages. The scheme is state based, so rules, forms, thresholds, and deadlines vary.

Key idea: report and lodge early. Many schemes require early notice to back-pay wages or to access statutory benefits, even though the ultimate limitation period to sue is usually 3 years.

What should you do at the scene of a serious car accident in Australia?

Prioritise safety, call 000, and do not admit fault. Gather evidence and exchange details with the other driver, but keep your statements factual and brief.

1. Check safety and call emergency services - 000 for police, ambulance, and fire. Move to a safe area if you can.
2. Render first aid if trained and it is safe. Do not move injured persons unless there is danger.
3. Call the police if anyone is injured, a driver is under the influence, vehicles need towing, or there is a dispute about fault.
4. Exchange details - names, addresses, licence numbers, vehicle registrations, insurer details. Photograph licences and rego labels where possible.
5. Gather evidence - photos of all vehicles, road markings, debris, traffic lights, weather, and injuries. Capture wide shots and close-ups.
6. Identify witnesses - get names, phone numbers, and short statements if they are willing.
7. Do not admit fault - do not apologise or speculate on causes. Stick to facts for police and insurers.
8. Preserve dashcam and phone footage - back it up immediately.
9. Report to police - if police do not attend, lodge a report using your state process (for example NSW Police Link, QLD Policelink on 131 444).

What should you do in the days after a serious car accident?

See a GP or hospital within 24-48 hours and tell them it was a road crash so records link your injury to the accident. Notify your CTP scheme and your own insurer promptly and start a claim.

1. Medical care - attend your GP or emergency department, follow treatment advice, and keep all referrals and receipts.
2. Tell your employer - provide a medical certificate if time off is needed. Keep pay slips and leave records.
3. Notify CTP and lodge benefits claim - use your state form, include police event number, and provide early medical certificates for income support.
4. Notify your comprehensive insurer - arrange vehicle assessment and repairs. This is separate from your injury claim.
5. Record symptoms and impacts - start a daily log of pain, sleep, medication, work limits, and household help you now need.
6. Collect documents - police event number, photos, dashcam footage, witness details, medical notes, prescriptions, and expense receipts.
7. Avoid common traps - do not give recorded statements to the other driver's insurer without advice; avoid social media posts about the crash or your injuries.
8. Consider legal advice - early advice often increases benefits, preserves deadlines, and prevents errors.

How do you start a motor accident injury claim and what are the deadlines?

You start by lodging a benefits claim with the correct CTP scheme, then progress to a damages claim if your injury meets thresholds. The fastest path is to notify within weeks and submit full forms within the statutory windows.

NSW - SIRA CTP

1. Within 28 days - lodge Application for Personal Injury Benefits for back-pay of weekly payments. You can still lodge up to 3 months after.
2. Provide police event number and initial medical certificate. The insurer must start paying reasonable treatment if eligible.
3. If injuries are more than a threshold injury, you may claim non-economic loss and extended income support. Court proceedings generally within 3 years.

VIC - TAC

1. Lodge a TAC claim within 12 months of the crash or when injury first manifests. Earlier is better.
2. Access no-fault benefits - medical, income replacement, and support. For common law damages, you need a serious injury certificate.
3. Serious injury application and any litigation generally within 3 years.

QLD - MAIC

1. Serve the Notice of Accident Claim Form on the correct CTP insurer within 9 months of the crash or within 1 month of seeing a lawyer.
2. Comply with PIPA pre-court steps - insurer response, medical examinations, compulsory conference, and mandatory final offers.
3. Issue court proceedings within 3 years if not resolved.

SA, WA, TAS, ACT, NT - overview

• SA - notify insurer promptly and progress medical and liability assessment. 3-year limitation applies.
• WA - notify ICWA as soon as practicable. 3-year limitation applies.
• TAS - MAIB claim within 12 months for no-fault benefits. Court claims generally within 3 years.
• ACT - lodge MAI benefits early to preserve income back-pay. Common law claims generally within 3 years.
• NT - notify MAC scheme promptly for benefits. 3-year limitation to sue.

Practical tip: diarise both the early benefits deadline and the 3-year limitation. Missing the early deadline can cost months of back-pay even if you can still claim forward benefits.

How is compensation calculated and what can you claim?

Compensation depends on your injuries, the scheme rules, and your evidence of loss. Most claims include treatment costs and income loss, with lump sums for permanent impairment and sometimes pain and suffering.

• Treatment and rehabilitation - GP, specialists, physiotherapy, surgery, medication, imaging, aids and travel to treatment.
• Income loss - weekly payments during incapacity and past and future economic loss based on earnings capacity and work history.
• Care and assistance - paid care and, in some states, gratuitous care from family if threshold hours are met.
• Permanent impairment - assessed using AMA Guides or scheme rules. Thresholds unlock non-economic loss in many states.
• Pain and suffering - only available if injury severity thresholds are met, with caps and scales by state.
• Other losses - home and vehicle modifications, vocational retraining, and superannuation loss.

Proof you will need

• Medical - GP records, specialist reports, imaging, impairment assessments, surgery reports, and clinical notes linking injury to the crash.
• Economic - payslips, tax returns, employer letters, business financials if self-employed, and evidence of missed opportunities or reduced hours.
• Care - invoices, care diaries, and witness statements from family or carers.

What evidence proves your injury and losses?

Objective medical records and consistent treatment are the backbone of your claim. Add contemporaneous photos, witness statements, and financial records to build a complete picture.

• At-scene and vehicle evidence - photos, dashcam, repair quotes, and police report numbers help confirm mechanism of injury.
• Early medical attendance - a GP visit within 24-48 hours ties your symptoms to the crash.
• Specialist opinions - orthopaedic, neurology, pain specialists, and psychologists for PTSD or depression.
• Functional assessments - occupational therapy, vocational reports, and capacity evaluations.
• Work records - attendance, rosters, HR reports, and earnings history to quantify lost income.
• Daily log - short entries capturing pain levels, sleep, activities you cannot do, and reliance on others.

What mistakes will hurt your injury claim?

Late notification, admitting fault, inconsistent medical attendance, and careless social media can undermine even strong cases. Insurers look for gaps and contradictions.

• Admitting fault or speculating at the scene or to insurers.
• Delaying medical care or skipping appointments - creates causation disputes.
• Posting on social media about the crash or activities inconsistent with reported limitations.
• Giving recorded statements to the other insurer without advice.
• Returning to heavy work without clearance and exacerbating injuries.
• Missing scheme deadlines - especially early notice windows for income support.
• Ignoring psychological symptoms - untreated PTSD, anxiety, and sleep issues reduce both recovery and credibility.

What time limits apply to other accident types in Australia?

Most personal injury court actions must start within 3 years, but many schemes require earlier notice and pre-court steps. Minors and latent injuries have special discoverability rules that can extend time.

• Public liability - generally 3 years to sue. In QLD, serve a PIPA Notice of Claim within 9 months of the incident or 1 month after consulting a lawyer, then follow mandatory pre-court steps.
• Medical negligence - generally 3 years from when you knew you were injured by negligence, with a long-stop period in some states. Pre-action protocols apply in jurisdictions like QLD.
• Workers compensation - notify employer as soon as practicable and lodge claim promptly per the state scheme. Common law claims have additional thresholds and time limits.
• Minors - time usually runs from age 18, but early notification for benefits is still essential.
• Latent injuries - many states use discoverability, starting the 3-year clock when you knew or ought to have known the injury was significant and attributable to negligence.

How much do injury claims cost and how do lawyers charge in Australia?

Personal injury lawyers typically act on conditional costs - no win, no fee - with an uplift capped at up to 25 percent on professional fees, not a percentage of your settlement. You also pay disbursements for reports and evidence, which may be deferred until settlement.

• Contingency fees based on a percentage of damages are generally not permitted in personal injury matters.
• Uplift fees on conditional costs are capped by legislation and conduct rules - commonly up to 25 percent of professional fees.
• Defendants often contribute to reasonable legal costs if you succeed, but there can be shortfalls.

Ask for a written costs agreement, an estimate range, and whether the firm funds disbursements until settlement.

How is fault decided in Australian road accidents and does it affect benefits?

Insurers assess fault using police reports, witness evidence, crash data, and road rules. Many schemes pay early treatment and income support regardless of fault, but fault can limit the duration of benefits and access to pain and suffering damages.

• NSW - threshold injury and fault status influence how long weekly benefits are payable and whether non-economic loss is available.
• VIC - TAC pays no-fault benefits broadly; common law damages require serious injury and fault of another party.
• QLD - primarily fault based for damages; contributory negligence can reduce your compensation by a percentage.
• All states apply contributory negligence where your own carelessness contributed to the crash.

How long will my injury claim take in Australia?

Statutory benefits can start within weeks, while lump sum claims often resolve in 6-24 months depending on injury stabilization and dispute complexity. Serious injury litigation can take longer, especially if court proceedings are required.

• Early benefits - treatment and weekly payments can begin once initial liability is accepted.
• Maximum medical improvement - many settlements wait until injuries stabilise so future losses can be assessed.
• Pre-court protocols - compulsory conferences and negotiations can resolve most claims before trial.

When should you hire a lawyer or expert?

Engage a lawyer early if you have hospital admission, fractures, surgery, time off work, psychological symptoms, or any dispute with an insurer. Early representation preserves deadlines, maximises benefits, and prevents costly mistakes.

• Threshold injuries and serious injury gateways - a lawyer can assess eligibility for non-economic loss and permanent impairment claims.
• Disputed liability or contributory negligence - evidence strategy and expert reconstruction may be required.
• Complex earnings - self-employed, gig workers, apprentices, or high-income earners benefit from specialised economic loss modelling.
• Psychological injury - early diagnosis and treatment plans are vital to recovery and compensation.
• Settlement review - a lawyer can benchmark offers against comparable outcomes and legislative caps.

What are your next steps today?

Act now to protect your health, income, and legal rights. Small steps in the first days have outsized effects on your result.

1. Get medical care today - tell your GP or hospital it was a road crash and request a certificate of capacity.
2. Report and notify - obtain the police event number and lodge your CTP benefits claim within your state's early deadline.
3. Organise your evidence - photos, dashcam, witness details, medical records, and receipts in a single folder.
4. Tell your employer - supply medical certificates and discuss adjusted duties if needed.
5. Stop posting about the crash online - lock down privacy settings and avoid discussing injuries on social media.
6. Book a legal consultation - ask about time limits, scheme thresholds, evidence plan, and costs.
7. Diarise deadlines - early benefits notice date and the 3-year limitation date.