Expertise

The Motor Accidents Compensation Act 1999 (MAC Act) applies to people who were injured in a vehicle-related accident that occurred before 1 December 2017.

What defines a motor accident under the Motor Accidents Compensation Act 1999?

A motor accident is defined as any event involving the use or operation of a vehicle that results in injury or death. Examples include:

• While the vehicle is being driven
• A collision or an attempt to avoid one
• The vehicle losing control
• A hazardous situation caused by the act of driving, an impact, or the vehicle going out of control

The definition also extends to:

• Situations involving the parking or upkeep of a vehicle
• Use of a trailer connected to the vehicle, or a trailer that becomes detached and causes harm
• Tow trucks, including incidents involving an uninsured vehicle being towed or carried

You could be a driver, passenger, pedestrian, cyclist, or even operating machinery such as a forklift. Because of the broad scope, it’s important to seek advice about your individual circumstances.

Your entitlements depend on several factors, such as:

• The degree of long-term impairment
• Wages lost during recovery or reduced capacity to earn
• Ongoing medical treatment or rehabilitation expenses
• The need for domestic help at home
• The impact your injury has on your ability to work in future

Accidents must be reported within 28 days, and a Personal Injury Claim Form should be submitted within 6 months. If these deadlines have passed, you may still have options. Speak with our Kiama motor vehicle accident team to find out how we can assist.

For accidents that happened on or after 1 December 2017, the Motor Accident Injuries Act 2017 applies. Whether the incident was your fault or caused by someone else, you may still be eligible for benefits. If another party was responsible, your entitlements could be broader and provide greater support.

This law covers a wide range of situations including car crashes, bus or truck accidents, forklift incidents, and injuries involving other types of motorised equipment. It applies to drivers, passengers, pedestrians, and cyclists.

Key timeframes to be aware of:

• The accident should be reported to police within 28 days
• Your application for compensation should be lodged within 28 days
• If you miss this period, you must submit your claim within 3 months of the accident date

Missing these timeframes can place your claim at risk. Even so, it’s worth speaking with our Kiama compensation team to see what options may still be available.

If your application is approved, you may be eligible to receive:

• Weekly income support
• Payment of medical and treatment costs
• Domestic assistance if required

When your condition stabilises, an assessment will determine if you are entitled to non-economic loss compensation, such as damages for pain or emotional distress. If your injuries are classified as minor, your benefits will be more limited.

If your claim is rejected, it is important to seek advice from our Kiama motor accident lawyers. We can review the decision, explain the reasons, and advise you on your next steps.

Death Claims

If a loved one has passed away in a road accident, their family may be able to claim funeral costs and support for dependants. In some circumstances, there may also be grounds for a damages claim. These matters can be complex, so seeking professional advice is vital.

Our motor accident lawyers in Kiama have helped individuals impacted by a wide range of traffic incidents, including cases involving intoxicated drivers, distracted motorists, pedestrians struck at crossings, and cyclists injured on local roads. We understand how disruptive these events can be and are here to guide you through the process. Contact our Kiama office today to discuss your situation and find out what compensation you may be entitled to.