What compensation am I entitled to after a motor vehicle accident in the ACT?

If you’ve been injured in a car accident in the ACT, understanding what compensation you’re entitled to can feel overwhelming. The system changed dramatically in 2020, and navigating it whilst dealing with injuries, medical appointments, and time off work isn’t easy.

At Maliganis Edwards Johnson, we’ve been helping injured Canberrans through this process since the new scheme began. Here’s what you need to know about motor accident compensation in the ACT.

How the ACT motor accident scheme works

Since 1 February 2020, all motor accident injury compensation in the ACT is covered by the Motor Accident Injuries Act 2019. This Act dramatically changed how people injured in motor accidents are compensated.

The ACT now uses a two-stage claims process: Defined Benefits and Quality of Life Benefits. Understanding both stages is crucial for getting the full compensation you deserve.

Stage One: Defined benefits

Defined Benefits provide specific compensation for most people injured in an accident. You can apply for these benefits even if you were at fault for the accident, though serious driving convictions will limit your access to compensation.

When to apply: You should make your application within 13 weeks of your accident. If you have a valid reason for delay, you can apply within a maximum of two years.

What you need: Your application must include a Personal Injuries Application (usually submitted to the at-fault vehicle’s insurer) and a Medical Report completed by your GP or treating specialist.

What defined benefits cover

Income replacement benefits: If you’re at least 15 years old and were in paid work (or capable of paid work) at the time of the accident, you’ll be compensated for lost income. Your earning capacity is determined by looking at the nature of your injury, treatment and care needs, post-injury income, and fitness for work certificates.

Treatment and care benefits: You’ll be entitled to compensation covering treatment and care, medication, domestic services, and travel expenses. When deciding whether treatment is reasonable and necessary, the insurer considers the appropriateness of the treatment, the cost, and relevant guidelines.

Treatment benefits are payable for 5 years from the date of your accident. Your insurer must provide you with a recovery plan within 28 days of your application, and you and your doctor must see a draft before it’s finalised.

Stage Two: Quality of life benefits

Quality of Life (QoL) benefits apply if you suffer a permanent injury resulting in at least 5% Whole Person Impairment (WPI). This is a medical assessment of how significantly your injuries have permanently affected your overall function.

Timing matters: You must have an accepted Defined Benefits application before applying for QoL benefits. Your QoL application must be made between 6 months and 4 years and 6 months from the date of your accident.

The assessment process: Claiming QoL benefits involves assessment by at least one specialist doctor who evaluates how your accident injuries will affect you in the future. These assessments are crucial for determining your entitlement and the amount of compensation.

The QoL claims process is complex, and we strongly recommend discussing your claim with an experienced solicitor before submitting your application. The timing of your application, the specialists you see, and how your injuries are assessed can significantly impact your compensation.

Common pitfalls to avoid

The motor accident injury scheme has specific timeframes and requirements that can trip up injured people who try to navigate it alone. Missing deadlines, submitting incomplete applications, or not properly documenting your injuries can jeopardise your claim.

Don’t wait too long: Whilst you have up to two years in some circumstances, applying within 13 weeks gives you the best chance of a smooth process and timely compensation.

Keep detailed records: Document everything related to your injury, treatment, and how the accident has affected your work and daily life. This evidence becomes crucial, particularly for QoL benefit claims.

Get proper medical assessment: The quality and thoroughness of your medical reports directly impact your compensation. Having legal advice about which specialists to see and when can make a significant difference.

The Motor Accident Injury Scheme in the ACT is complex and difficult to navigate, even for people without the added stress of recovering from injuries. Insurance companies have teams of lawyers and medical experts working to minimise payouts – you deserve experienced representation on your side.

The specialist team at Maliganis Edwards Johnson has been helping injured Canberrans navigate this scheme since it began in 2020. We understand the legislation, know what evidence strengthens claims, and can guide you through all stages of the process.

Injured in a motor vehicle accident in Canberra? Contact the specialist team at Maliganis Edwards Johnson for a no-obligation assessment of your rights and compensation entitlements.