Canberra Motor Vehicle Accident
ACT Law Associates in Canberra may assist individuals who have been injured in a motor vehicle accident in the ACT. Under the Motor Accident Injuries Scheme, you may be able to apply for Defined Benefits through the MAI insurer. This scheme provides support to those injured in motor vehicle accidents that occur within the Australian Capital Territory.
If you’ve sustained serious injuries requiring medical treatment, we can help you complete a Free Online Claim Check and assess whether you may be eligible to make a Common Law (lump sum) claim. Compensation may cover medical costs, pain and suffering, income loss and domestic care. These claims have strict time limits, so seeking legal advice early may assist in protecting your entitlements.
ACT Law Associates operates on a no win, no fee basis for eligible matters. Call (02) 5119 9791 or send us a message to get started.
Eco Friendly
Double the Care, Personalised Attention
24/7 Support, Always Here for You
Protecting Your Rights in Canberra
Your Peace, Our Priority
24/7 Support, Always Here for You
Double the Care, Personalised Attention
Support With Motor Accident Injury Claims
If you’ve been injured in a motor vehicle accident within the ACT, you may be entitled to compensation under the territory’s compulsory third-party scheme. Defined Benefits may include financial support for medical treatment, rehabilitation and income loss—regardless of who was at fault. Where injuries are more serious, a Common Law claim may be available. These claims relate to long-term impairment and are typically assessed based on medical evidence and legal thresholds.
Our team assists with all stages of the claims process, including eligibility assessments, document preparation and communication with insurers. We help individuals understand what may be required to meet claim deadlines and what information to gather from the scene, such as police reports or medical records. This support can be especially important if liability is disputed or your ability to return to work is impacted.
Navigating the complexities of motor accident claims can be difficult without legal support. Seeking advice may help you make informed decisions and better understand the steps available to you.
At ACT Law Associates, we offer a free consultation call to discuss your legal needs. Connect with our Canberra lawyers for tailored guidance on motor vehicle accidents and personal injury claims. Contact our team to discuss your situation and find out how we may assist.
Defined Benefits vs Common Law Claims
Under the ACT’s Motor Accident Injuries (MAI) Scheme, individuals injured in motor vehicle accidents may be eligible for two types of compensation:
Defined Benefits
These are accessible shortly after the accident and include:
- Weekly income replacement if you're unable to work
- Medical treatment &and rehabilitation expenses
- Domestic care assistance, where applicable
Defined benefits are available regardless of who was at fault. They are generally time-limited and require periodic reviews.
Common Law Claims
A Common Law claim may apply where injuries are classified as serious and another party was partially or wholly at fault. These claims typically involve:
- Pain & suffering
- Past & future economic loss
- Loss of earning capacity
Common Law claims must meet specific thresholds under ACT law and are subject to strict time limits. A medical certificate assessing the level of permanent impairment is usually required.
What to Do After an Accident
Taking the right steps immediately after an accident may strengthen your claim and provide important evidence. Consider the following:
- Seek medical attention, even for minor symptoms.
- Report the accident to the police if required (e.g. if someone was injured or property was damaged).
- Collect details, including names, addresses, insurance details and registration numbers of all drivers involved.
- Document the scene: take photos of the location, vehicles and injuries.
- Keep all receipts and records—this includes medical bills, travel expenses and communication with insurers.
If you’re unsure about your obligations or eligibility for benefits, a consultation can help clarify your options.
Frequently Asked Questions
Who can make a motor vehicle accident claim in the ACT?
Anyone injured in a motor vehicle accident in the ACT—whether as a driver, passenger, pedestrian or cyclist—may be eligible to make a claim under the Motor Accident Injuries Scheme. You may also be able to lodge a Common Law claim if the injury was serious and caused ongoing impact. Legal advice can assist in confirming eligibility and next steps.
What is the Motor Accident Injuries Scheme?
The Motor Accident Injuries Scheme (MAI Scheme) is the ACT’s compulsory third-party insurance scheme. It provides access to Defined Benefits for people injured in motor vehicle accidents, regardless of fault. These benefits may include payments for medical treatment, income support, rehabilitation and care services. More serious injuries may also be eligible for lump sum compensation under a separate Common Law claim.
What can compensation cover after a car accident?
Depending on the severity and impact of your injury, compensation may cover:
- Medical expenses (treatment, rehab, medication)
- Income loss and reduced earning capacity
- Pain and suffering
- Domestic care and assistance
Each case is different, and the level of support will depend on your circumstances and available documentation.
How long do I have to make a motor vehicle accident claim?
There are strict time limits for making a claim under the Motor Accident Injuries Scheme in the ACT. In most cases, you must notify the insurer and lodge your application within 13 weeks of the accident. If you intend to pursue a Common Law claim, additional legal deadlines may apply. Seeking early legal advice can assist in meeting these timeframes.
Is there a deadline to apply for compensation?
Yes. You must lodge a claim for Defined Benefits within 13 weeks of the accident, even if you were at fault. If you wish to pursue a Common Law claim, it typically must be lodged within three years. Delays can affect your access to entitlements, so acting promptly is recommended.
Can I claim compensation if I was partly at fault?
Yes, the MAI Scheme provides support regardless of fault for Defined Benefits. If pursuing a Common Law claim, contributory negligence may reduce compensation, but a partial fault does not necessarily disqualify you.
What if I wasn't able to collect information at the accident scene?
You may still be able to make a claim. Other evidence, such as medical records, witness statements and police reports, may help establish the facts of the incident.
Can children or young people make a claim?
Yes. Minors injured in motor vehicle accidents may be entitled to the same benefits. A parent or guardian can assist in lodging the claim, and different timeframes may apply when minors are involved.
What happens if I was injured as a passenger?
Passengers injured in motor vehicle accidents are generally eligible to make a claim under the MAI Scheme, regardless of which driver was at fault. Claims may include treatment expenses, income support and, in serious cases, a Common Law claim for further compensation.
Is psychological trauma covered under the MAI Scheme?
Yes. Psychological injuries, including trauma resulting from a motor vehicle accident, may be covered if they are diagnosed and directly linked to the accident. Medical documentation from a qualified health professional is typically required to support this type of claim.
