Motor Vehicle Accidents


 

If you have been injured in a motor vehicle accident in Tasmania, you may be entitled to compensation. Whether you were injured as the driver of a car, a passenger, a pedestrian or the rider of a motorcycle, you may be entitled to compensation. At Tasmanian Compensation Lawyers, we are experienced in making compensation claims arising from motor vehicle accidents.

This information set out below is for general information only and we recommend you seek specific advice relevant to your own circumstances. The details of your accident and the vehicles involved may mean that different laws apply to you.

In Tasmania there are two options for compensation. There is a statutory scheme and there may also be the option to sue for negligence.

 

The Statutory Scheme

Part of the registration fee for motor vehicles in Tasmania is paid to the Motor Accidents Insurance Board (the MAIB). Regardless of who is at fault, when a person is injured as a result of the use of a Tasmanian registered motor vehicle, the MAIB may pay the following benefits:

  • Weekly payments at the rate of 80% of your pre injury earnings for a maximum period of two years. Specific rules apply to self employed people.
  • Medical and associated expenses up to a maximum amount of $400,000. This can be extended in special circumstances.
  • Housekeeping expenses up to 26 weeks.
  • Funeral expenses in the event of death.

As each case is different, we recommend that you contact us at Tasmanian Compensation Lawyers to discuss the specific benefits that may be available to you as a result of your accident.

Common law claims

If you are injured as the result of the negligent driving of another person, you may be able to make a common law claim. This usually requires you to sue the negligent driver. If the vehicle is registered in Tasmania, it is likely that the negligent driver will be insured by the MAIB who may take over conduct of the claim on the drivers behalf. However, there may be circumstances where the MAIB may refuse to indemnify the negligent driver.

If you can prove that your injuries are the result of another persons negligence, you may be entitled to compensation which may include:

  • your loss of income since the injury.
  • your future loss of income if you are unable to return to your usual employment or suitable alternative employment.
  • your medical expenses incurred as a result of your injury.
  • your future expected medical expenses.
  • compensation for your pain and suffering and impact on your lifestyle.

As every case is different, we recommend that you contact us at Tasmanian Compensation Lawyers to discuss your individual circumstances. Time limits apply to claims so we suggest that you seek advice as soon as possible after an accident.