Guide to Motor Vehicle Accident Compensation in Tasmania

Motor accidents are stressful events, especially when they result in injuries. In this guide, we’ll provide information about motor vehicle accident compensation and how it works in the state of Tasmania. In this guide, we’ll discuss a number of topics related to car crash compensation, including:

• The definition of motor vehicle accident compensation in Tasmania
• The Motor Accident Insurance Board (MAIB)
• Who can make a claim
• When you should make a claim
• What can you can claim
• How long it takes to settle a claim
• Tasmanian motor vehicle accident compensation payouts

What is motor vehicle accident compensation in Tasmania?

Motor vehicle accident compensation in Tasmania is covered by the MAIB (Motor Accident Insurance Board) – a government organisation that provides cover for people who’ve been injured in traffic accidents. They also provide compensation for the families of people who have been fatally injured on Tasmanian roads.

This compensation is funded by Tasmanian drivers through compulsory third party payments on registered vehicles. Tasmania has a ‘no fault’ motor vehicle accident compensation scheme, meaning anyone involved in an accident can claim with the MAIB, regardless of whether they were at fault.

How does the MAIB operate?

The MAIB makes assessments about who is entitled to car crash compensation. All claims for motor vehicle accident compensation in Tasmania need to be submitted directly to the MAIB.

The scheme provides income and medical benefits to people who have been injured as a result of a traffic accident under the Motor Accidents (Liabilities and Compensation) Act 1973 and Motor Accidents (Liabilities and Compensation) Regulations Legislation 2010.

Who can make a car accident injury claim in Tasmania?

In Tasmania, all injured parties, including the person at fault, can claim car accident compensation for their injuries. Claims can also be made even if the other party’s vehicle isn’t registered.
The MAIB accepts claims from:

• Tasmanian residents who have been injured in Tasmania
• Tasmanian residents who have been injured outside Tasmania but within Australia (as long as a Tasmanian registered vehicle was in the accident)
• Non residents of Tasmania who have been injured in Tasmania (as long as a Tasmanian registered vehicle was involved in the accident)

If a non resident of Tasmania is injured in a non Tasmanian registered vehicle on Tasmanian roads, they might be eligible for the Daily Care component of the legislation.
There are some cases where the MAIB might not be able to accept a claim. The specifics of these exclusions are detailed in the Motor Accidents (Liabilities and Compensation) Act 1973. If you’re not sure if you qualify, our expert team of Compensation Lawyers in Tasmania can provide advice about your legal options.

How do I know if I have a motor vehicle accident compensation claim in Tasmania?

You could be eligible for car accident compensation in Tasmania if:

• You need/needed medical treatment or other support services for injuries sustained in a car accident
• You need/needed counselling for psychological trauma caused by a car accident (in certain circumstances, your family members might also be eligible to claim this benefit)
• You lost a family member who was fatally injured in a car accident

How do I make a motor vehicle injury claim in Tasmania?

To be eligible for compensation, you will need evidence to support your claim. In this section we’ll outline the steps you can take to improve your chances of making a successful claim.

If the accident has only just happened, and you don’t need immediate medical attention, here are some useful actions you can take:

1. Get the registration number(s) of the other driver(s)
2. Make a note of the time, place, and the details of the event
3. Report the crash to the police

The next step is to go to the MAIB website and complete the following forms online:

• Notice of Accident form (if you were the driver or owner of a vehicle involved in the accident)
• Application for Benefits form

Get in touch with our Car Accident Claim Lawyers if you need guidance through this process.

When should I claim for motor vehicle compensation in Tasmania?

If you’ve been involved in an accident, it’s important to seek legal advice as soon as you can. Car accident compensation claims should be made as soon after the accident as possible, because strict time limits apply.

For incidents where the other driver involved in the accident cannot be identified, a claim must be made within three months. If all drivers involved can be identified, the time limit for lodging a claim with the MAIB is twelve months.

What can I claim for when making a car accident injury claim in Tasmania?

Medical costs are usually high on people’s priorities when making a car accident compensation claim. The following medical expenses are covered by the scheme:

• Ambulance services
• Hospital costs
• GP appointments
• Physiotherapy
• Chiropractic services
• Optical services
• Dental treatments
• Medical appliances/equipment
• Alterations to vehicles or buildings
• Attendant care
• Cost of travel to obtain treatment (under certain circumstances)

In cases where someone is fatally injured in a car accident, the MAIB can provide compensation for funeral costs, as well as payments to the dependents of the deceased, and counselling to family members.

It’s also possible to claim for lost earnings, if you’ve sustained injuries that have prevented you from working. These are payable to employed and self-employed persons, and are generally based on 80% of your average weekly earnings for a year prior to the accident. Some limits apply.

Finally, a housekeeping allowance may be payable if, due to your injuries, you’re unable to carry out normal household duties.

How long does a car accident compensation settlement take in Tasmania?

The time it takes for claims to be processed varies from case to case. Generally speaking, the more serious your injuries, and the more people involved, the longer your claim will take to process. Some cases can take several months (or more) to process.

Motor vehicle compensation payout guide for Tasmania

If your claim is successful, the amount of compensation you’re entitled to will depend on a number of factors. These include the severity of your injuries, the cost of rehabilitation and ongoing support, and the extent to which your injuries have impacted upon your ability to earn an income.

When you speak to one of our compensation experts, they will be able to assess your situation. If you meet the criteria to make a compensation claim, your lawyer will be able to give you an estimate of how much compensation you could be entitled to.

To see real life case studies of LHD Lawyer’s car accident settlements, visit our motor vehicle compensation payout hub.

Examples of successful Tasmanian car accident compensation payouts

Our client was a passenger in a vehicle being driven by their friend. The friend drove down a dirt track and caused their vehicle to collide with a tree limb on the side of the track. The tree branch went through the windshield, hitting our client in the head. Injuries suffered by our client included left eye blindness and brain damage. LHD Lawyers settled the case for over $500,000.00 compensation.

Who is responsible for paying motor vehicle compensation payouts?

Ultimately, it’s the MAIB who’s in charge of making car crash compensation payouts. The purpose of the MAIB is to administer the funding and payment of the Tasmanian compulsory third party (CTP) motor accident insurance scheme.

All Australian states and territories have similar CTP schemes which are funded through the compulsory premiums on all registered motor vehicles. The premium charged by the MAIB is among the lowest in Australia.

Make a motor vehicle accident claim today

If you think you have a motor vehicle accident claim in Tasmania, LHD Lawyers can help everyday Australians receive the benefits they’re entitled to. We are so sure of our abilities to win your case that we stand firmly by our No Win No Fee Policy: if we don’t win, you don’t pay. Call 1800 455 725 for a no-obligation consultation about your case.

Find out more about our offices in Tasmania, including Hobart, Launceston, Burnie, and Devonport.