Who pays after a crash in Tasmania
Road injury claims in Tasmania go through the Motor Accidents Insurance Board (MAIB) under the Motor Accidents (Liabilities and Compensation) Act 1973. It is a no-fault scheme for scheduled benefits: MAIB pays medical, hospital, income and care benefits whoever was at fault, including single-vehicle crashes, and common law damages are available on top where another driver was negligent.
What to do and when
Report the crash to police and give MAIB written notice of injury within 12 months (within 3 months where section 16 applies, for example if you were unlicensed or affected by alcohol). TASCAT cannot extend the notice period. Common law proceedings must start within 3 years.
What you can claim
Common law damages for pain and suffering under the Civil Liability Act 2002 (Tas) have a minimum severity requirement and an indexed cap. MAIB income benefits are paid at 85% of pre-accident earnings for 104 weeks then reduce.
Beyond that, claims cover past and future loss of income, medical and rehabilitation costs, care, travel and equipment. People needing at least two hours of daily care for an indefinite period have no monetary limit on care and treatment under MAIB.
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 Hobart 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.
Common questions
Do I have to report the crash?
Yes. A police report is a practical requirement for every CTP claim, and in most states a legal one where anyone is injured. Report it the same day if you can.
Can I claim if I was a passenger?
Yes. Passengers claim against the at-fault driver’s policy, including where the driver of the car they were in was the one at fault.
What if I was partly at fault?
In fault-based states your damages are reduced in proportion to your share of the blame, but not lost. No-fault schemes pay statutory benefits regardless.
What if the other driver was uninsured or drove off?
Every state has a nominal defendant or equivalent that stands in for unidentified or unregistered vehicles. Notice periods for these claims are shorter.
How long do I have in Tasmania?
Report the crash to police and give MAIB written notice of injury within 12 months (within 3 months where section 16 applies, for example if you were unlicensed or affected by alcohol). TASCAT cannot extend the notice period. Common law proceedings must start within 3 years.
What is my claim worth?
Common law damages for pain and suffering under the Civil Liability Act 2002 (Tas) have a minimum severity requirement and an indexed cap. MAIB income benefits are paid at 85% of pre-accident earnings for 104 weeks then reduce.