Car accident lawyers Canberra

Who pays after a crash in Australian Capital Territory

Road injury claims in Australian Capital Territory go through the ACT Motor Accident Injuries (MAI) Scheme under the Motor Accident Injuries Act 2019, overseen by the MAI Commission. It is a defined benefits scheme: everyone injured gets treatment, care and income replacement regardless of fault, with a quality of life lump sum and a common law claim available for more serious injuries.

What to do and when

Lodge the defined benefits application with the insurer within 13 weeks of the crash (late applications need a reasonable excuse). A quality of life benefit is assessed once you reach maximum recovery. Common law proceedings must start within 3 years.

What you can claim

The quality of life lump sum needs 5% or more whole-person impairment. A common law damages claim needs 10% or more whole-person impairment and proof that another driver was at fault, or a serious injury finding.

Beyond that, claims cover past and future loss of income, medical and rehabilitation costs, care, travel and equipment. Treatment and care defined benefits run for up to 5 years, and the Lifetime Care and Support Scheme covers catastrophic injuries.

Passengers, pedestrians, cyclists and motorcyclists

You do not need to have been driving, or to hold insurance yourself, to claim. Passengers, pedestrians and riders injured by a negligent driver claim against that driver’s policy, and schemes that pay no-fault benefits cover them too.

If the driver was unregistered or drove off

Every state has a nominal defendant or equivalent that stands in for an unidentified or uninsured vehicle. These claims have shorter notice periods, so report the crash to police straight away and get advice early.

What you can claim

• Medical, hospital, ambulance and rehabilitation costs, past and future
• Lost wages and lost future earning capacity, including superannuation
• Pain, suffering and loss of enjoyment of life, where the state threshold is met
• Care provided by family or paid carers, and domestic help
• Travel to treatment, equipment, and home or vehicle modifications

Evidence to keep

Claims are won on what can be proved. Keep:

• Police report number and the other driver’s details
• Photos of the scene, vehicles and your injuries
• Dashcam and CCTV, which is often overwritten within weeks
• Names of witnesses
• Every medical visit from day one, including GP notes
• Pay slips and a record of days missed

What happens when you call

We ask what happened, where, when and who was involved. If it looks like you have a claim we match you with a panel lawyer in Canberra who handles car accident matters, and they call you for a free first consultation, usually within one business day. If your claim has merit it is run on a no win no fee basis with a written costs agreement before any work starts. If it does not, we will say so rather than waste your time.

How long it takes

Straightforward claims with clear liability often settle within 12 months. Serious injuries take 18 months to 3 years because your injuries have to stabilise before they can be valued, and impairment assessments cannot be done earlier. Interim payments for treatment and income are available under most schemes while the claim runs.