Motor Vehicle Accidents

  • Drivers
  • Passengers
  • Motorcycle Riders
  • Pillion Passengers
  • Cyclists
  • Pedestrians

Motor accidents are one of the most common causes of injuries. All States and Territories in Australia have Compulsory Third Party (CTP) compensation schemes for people injured in motor accidents.

Tasmania has one of the most comprehensive schemes in Australia which provides;

  • No fault compensation (statutory benefits which are available even if you caused the accident); and
  • Common Law compensation (where you sue a person who caused the accident).

The MAIB, which runs the Tasmanian CTP scheme, processes claims for statutory benefits, and defends Common Law claims on behalf of negligent drivers. All motorists contribute to the Tasmanian CTP scheme by paying a CTP premium as part of their registration. The Tasmanian CTP scheme provides some of the best benefits in Australia, is profitable and consistently pays a sizable dividend to the Tasmanian Government.

Why do you need a lawyer ASAP?

Consulting a lawyer at an early stage may help you avoid delays with your MAIB statutory benefits claim or common law claim.

You may need a lawyer;

  • if you have a difficult statutory benefits claim;
  • to understand your entitlement to common law damages; and
  • to avoid issues with strict time limits.

By engaging Chris Hill Lawyers you take advantage of our inside knowledge of the MAIB.

MAIB Common Law claims

You may bring a common law claim against another driver who caused the motor accident. The compensation (damages) may include:

  • Pain and suffering (for the non-financial impacts your injuries have caused);
  • Future medical and care costs;
  • Future loss of wages;
  • Past losses not covered by the MAIB’s statutory benefits.

The MAIB statutory benefits will not have covered:

  • your first week of lost income;
  • the full amount of your lost income (only 80% is paid);
  • your lost income after you reached the 2 or 5 year time limit.

Additionally the MAIB may not have paid:

  • Income benefits which reflected your earning capacity;
  • Some treatment costs.

The Common Law Process:

  • A Common Law claim will be brought in the Supreme Court – strict time limits apply.
  • Court document will be filed outlining your case and the impact on you.
  • The MAIB in most cases will be the relevant insurer and defend the case on behalf of their insured driver.
  • The MAIB may admit fault on behalf of their insured.
  • If the MAIB does not concede fault, you will have to prove that the driver who you say caused the accident was at fault. This will complicate the matter.
  • It may be that you are also partially at fault. This will have the effect of reducing your compensation.
  • You will need medical evidence to support your case. We will obtain this for you.
  • The MAIB is likely to send you to be medically examined by medical specialists.
  • When all relevant information has been collected by us and the MAIB we will try to settle your claim.
  • Most Common Law claims settle before going to court.
  • If there is no settlement then your claim will go to trial in court and a judge will make a determination (judgment). If a trial is necessary there will be a significant delay in your claim.
  • If you are successful, the MAIB is likely to have to pay most of your legal costs.

Due to the complex nature of the law and the time limits, consulting a lawyer at an early stage is recommended.

Workplace Injuries

  • Workplace accidents
  • Stress claims

Workplace injuries can have a significant impact on you or your family, particularly financially. If you are injured at work you should inform your employer, complete a workers’ compensation claim form and seek medical assistance (you will need a medical certificate to support your claim). A claim can be made without having to prove that your employer was at fault. Your employer’s insurer will manage the claim for your employer (unless they are a self-insurer). Strict time limits apply, so you should see a lawyer as early as possible so your entitlements are not affected.

Workers’ Compensation Common Law claims

If you are seriously injured and the injury was caused by your employer, you may be entitled to bring a Common Law claim. The claim will be brought in the Supreme Court and follow a similar process to that of a motor accident claim.

Public Liability

  • Accidents in shopping centres
  • Slips and falls in supermarkets
  • Accidents on public or private property (footpaths, stairs and gardens)
  • Food poisoning
  • Injuries occurring during sports activities

If you are injured on private property or in a public place, such as a shopping centre, and your injury was caused by someone else, you may be entitled to compensation at common law (by suing the owner and/or person responsible). There are no compensation schemes covering these types of claims but most property owners have public liability insurance. Proving fault in these claims can be quite difficult.

As with other type of personal injury claims there are strict time limits for bringing claims. Defendants (the people you are suing) and their insurers may use time delays as a defence to your claim.

Due to the complex nature of the law and the time limits, consulting a lawyer at an early stage is recommended.

Call 1300 245 529

Your FREE No-Obligation Initial Consultation

We understand that most people have never dealt with lawyers and doing so can be confronting. Chris Hill Lawyers will provide a free no obligation initial consultation (up to one hour) so that you can better understand your rights and options.

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No Win No Fee

Chris Hill Lawyers aims to ensure that all people injured in motor accidents have access to justice. Your ability to pay a lawyer up front should not be the reason that you do not pursue compensation. We may offer to take on your motor accident claim on a No Win No Fee basis after considering a number of factors which we can only assess after discussing the details of your claim.

No Win No Fee means that you won’t be charged a fee for our services if you are wholly unsuccessful in your claim. Please note that if you lose you are likely to be required to pay the other side’s legal costs.

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