Injured in a car accident in Canberra? Here’s what could cost you your claim
Being injured in a motor vehicle accident is stressful enough. But for many Canberrans, the process of making a claim under the Motor Accident Injuries Act 2019 brings a second shock: the system is far more complex, and far less forgiving, than they expected.
Understanding how it works, before something goes wrong, can make all the difference.
Below are the five most common mistakes people make, and how to avoid them.
1. Missing important time limits
Missing a deadline can mean losing benefits you’re entitled to, sometimes permanently. To access support such as treatment, care, and income replacement, you must lodge a motor accident claim form, generally within 13 weeks of the accident. If you delay, your entitlements may be reduced or cut off entirely. Even if you’re unsure whether you want to pursue a claim, it’s important to protect your position early.
2. Assuming “no fault” means full compensation
The ACT scheme is often described as “no fault,” but this can be misleading. While you can access defined benefits regardless of who caused the accident, those benefits are limited in duration and scope. Additional compensation, such as damages for quality of life, is only available in certain circumstances. In some cases, serious driving offences or your level of fault can also affect what you receive.
3. Not understanding the 5-year limit on benefits
Many people assume that if they are seriously injured, their treatment and income support will continue indefinitely. In most cases, that’s not correct. Defined benefits, including income replacement and treatment expenses, are generally capped at five years. After that, you may need to meet certain thresholds to access further support, or find yourself without ongoing assistance. If your injuries are likely to have long-term impacts, it’s crucial to plan ahead.
4. Underestimating the importance of medical evidence
Your claim is only as strong as the medical evidence behind it. Key decisions, including whether treatment is approved, whether your injuries are considered significant, and whether you qualify for additional compensation, all depend heavily on your medical records. Incomplete GP notes, gaps in treatment, or delays in seeing specialists can all work against you. Seeking treatment early and keeping consistent records can make a substantial difference to your outcome.
5. Waiting too long to get legal advice
Many people wait until something goes wrong before speaking to a lawyer, and by that point, deadlines may have passed and opportunities to strengthen the claim may already be lost. This scheme is procedural, time-sensitive, and often driven by insurer decision-making early in the process. Getting advice early helps ensure your claim is set up correctly, you meet all requirements, and you’re not leaving entitlements on the table.
6. How to protect your rights after an accident
The most important steps you can take are straightforward: seek medical treatment as soon as possible, report the accident and lodge your claim early, keep records of all treatment and symptoms, and get legal advice before making any important decisions about your claim.
We’re here to help
The Motor Accident Injuries scheme provides important support, but it isn’t always straightforward. Avoiding these common mistakes can make a real difference to the benefits you receive, how long that support lasts, and your ability to pursue further compensation down the track.
You don’t need to have all the answers before you call us. MEJ has a specialist motor accident team with extensive experience helping injured Canberrans understand their rights and options. Contact us today for an obligation-free discussion, we’re here to help you move forward with confidence.
Call us on 1800 570 778 or contact us online.