Motor Vehicle Accident Claims
Each State and Territory has its own laws that govern your right to compensation. If you would like to know more about the compensation system in your State or Territory, click on the link below:
Accident compensation
Compensation is generally paid by an insurance company or like agency that manage these types of claims. These companies or agencies often seek advice from their own lawyers as to whether they should; accept a claim, the strategy for managing the claim and the amount of compensation to be paid.
It is critical that you obtain advice from your own lawyer to ensure that you are aware of all the benefits or lump sum compensation available to you. The insurance company/agency cannot provide you with independent advice.
It is dangerous for you to make your own assessment as to whether you have a claim or not. An experienced lawyer will be able to advise you of your chances of obtaining compensation, the process involved and how much you should be seeking.
How will I pay for the legal fees?
Slater & Gordon's No Win - No Fee™ scheme is generally available for transport accident claims. This means you do not pay for professional fees unless your case is successful. The scheme is designed to help those whose financial circumstances might otherwise deny them access to legal representation. You will receive a document setting out the details of the scheme after your first appointment. We are not retained as your lawyers until the document is signed and return to us.
Making an additional claim
If you have superannuation and sustain an injury, you may be able to access a lump sum payment through your policy. Many people are unaware that their superannuation policy provides additional benefits. An experienced superannuation and insurance lawyer will assist you in identifying whether such benefits exist in your policy and submit an application on your behalf. If your application is rejected, your lawyer will advise you of the process for challenging the decision.
In addition, you may have a personal insurance policy, such as life insurance, income protection insurance, sickness and accident insurance, which may include provisions for compensation should you be injured in an accident.
These benefits may be available in addition to other forms of compensation and benefits. You should seek legal advice from a Slater & Gordon lawyer in our superannuation and insurance department regarding your entitlement to claim compensation.
Additional lump sum benefit
Many superannuation funds provide coverage for a disability insurance benefit, often referred to as a Total Permanent Disability (TPD) benefit. This insurance cover, if provided under your superannuation, is a benefit additional to the contributions that you and/or your employer have made to your superannuation fund during the period of your membership. Most people are unaware or forget that this insurance cover is in place.
Depending on the terms of the insurance cover, a TPD benefit may be significant and may help ease the financial burden you face during the difficult times that follow a disability.
Generally it does not matter how your injury or illness came about; just that you are suffering from a total and permanent disability or illness. Many people on workers’ compensation, motor vehicle injury compensation or the Centerlink Disability Support Pension can claim as well as people who suffer an unexpected illness that prevents them from working.
Whether you can make a claim for a superannuation disability benefit will depend on a number of factors - particularly, whether this insurance cover is provided under your superannuation. If you suffer from any injury or illness that prevents you from working in your normal occupation and would like more information about how Slater & Gordon can help you, please contact us either by email or by calling direct on 1800 555 777.
Talk to us
If you have been injured or bereaved as a result of a transport accident and would like more information about how we can help you, please contact us either by email or by calling direct on 1800 555 777.