It is important that you lodge a claim for compensation using a specific form if you have suffered an injury as a result of a motor vehicle accident whether as a driver, passenger, pedestrian, or cyclist. Strict time limits must be complied with in order to proceed with a claim.
To make a claim, you need to lodge a specific claim form with the relevant compulsory third party insurer for the vehicle “at-fault”. This form must be lodged within six months of the accident or as soon as reasonably practicable if the at-fault vehicle was unable to be identified or was unregistered at the time of the accident. The Claim Form can be obtained from the CTP Regulator or a lawyer can assist you. It is important to note that there are different claim forms: one for injury and one for fatality.
In many cases, I speak with injured claimants who are unsure whether they will proceed with a claim or not. There is often a general hope that their condition will improve and a reluctance to make a claim. Regardless of whether you ultimately proceed with your claim, it is important that you lodge the Claim Form to provide protection for the future. If your injuries are more severe than originally thought, or the consequences are only later identified, it is important to ensure that you have done everything correctly so that you can pursue your claim.
It is important to also note that strict time limits apply in relation to issuing court proceedings for a motor vehicle accident claims. Court proceedings must be filed within three years of a motor vehicle accident to preserve your ability to pursue your claim otherwise you will be “statute-barred” and unable to proceed further without a court order granting an extension of the relevant time period.
Rudall & Rudall Lawyers have an experienced team of lawyers in Gawler, Tanunda and Adelaide to assist you. Please Call us on 8523 8400 (Gawler) 8523 8444 (Tanunda) or 8211 6500 (Adelaide) to arrange an obligation free first appointment, or alternatively send an email to email@example.com and we will contact you.