Who can claim?

Make a Claim
Injured character holding claim sign

You may be able to make a claim for compensation if:

  • You were injured in a motor vehicle crash (including drivers, passengers, pedestrians and cyclists); or
  • A close relative was fatally injured and you were financially dependent on them.

You must be able to establish that the driver/owner of a motor vehicle (other than you) was at fault, whether completely or in part, to claim for medical and allied health treatment costs, economic loss and compensation for pain and suffering.

If the vehicle at fault was licensed in another state or territory, you will need to contact the relevant compulsory third party insurer to make a claim.

People catastrophically injured in motor vehicle crashes can claim for care and support from 1 July 2016, even if they were at fault in the crash or unable to establish fault against a third party.

You may still be able to make a claim if the vehicle at fault is unidentified or unlicensed such as in a ‘hit and run’ situation. The Insurance Commission would act in the role of a ‘Nominal Defendant’.

You can still claim if you were partly at fault in a crash, but your compensation may be reduced if you:

  • were not wearing a seatbelt;
  • were not wearing a helmet while riding a motorbike, scooter or bicycle;
  • were riding unrestrained in an open-top vehicle;
  • were deemed to have contributed to the crash; and
  • or your driver were under the influence of alcohol or drugs.
Page Last Updated 03 Dec 2015