Knowing your alternatives by seeking legal guidance immediately is one of the most crucial actions to be taken. It is important to file a claim for compensation with the TAC within 12 months of the accident in most situations. Even if there was your mistake in the accident, you may be eligible to:
A common law claim entails pursuing legal action against anirresponsible party in a road or transportation accident. So, if someone else was at blame for your accident and you suffered a significant injury, you may be able to file a common law claim for damages.
covers the cost of damage you cause to other people’s property as well as legal costs, but not damage to your own car.
like third party property insurance, third party fire and theft insurance covers the cost of damage you cause to other people’s property plus the legal costs – but also damages to your vehicle like fire and theft.
If you’re having difficulty with a claim, it’s been rejected or you need to know what you are entitled to, get in touch. Taxcellent Consulting Services car insurance lawyers are experts and can help you cut through any confusing terms in your policy so you know exactly where you stand and what you’re entitled to.
We even offer ‘no win, no fee’* arrangements for these types of cases. This means that you don’t pay if your claim isn’t successful.
We have car insurance lawyers across Melbourne, Sydney, Brisbane, Perth, Adelaide, Darwin and throughout regional Australia.
Contact us today to receive a free car insurance claim check and find out how we can help.
Frequently Asked Questions
This depends on the level of coverage you have. Check your policy to see if you are covered or, contact Taxcellent Consulting Services for assistance.
It depends whether your policy is a ‘consumer insurance contract’. That is, a policy obtained for the ‘personal, domestic, or household purposes of the insured’, or the insurer has nominated it as a ‘consumer insurance contract’.
If the policy is a ‘consumer insurance contract’ entered into after on or after 5 October 2021, you have a duty to take reasonable care not to make a misrepresentation to an insurer when you take out or renew your insurance policy. That includes a duty to truthfully answer questions they ask.
Otherwise, you also have to tell the insurer anything that might be relevant to whether they will cover you. This is called a duty of disclosure. If you don’t, your insurer might try not to deny your claim, although often with our help we can ensure you receive payment.
Relevant information could include any alterations you’ve made to your car, such as adding:
- A new sound system
- Special wheels
- A security system
If you breach your duty of disclosure or make a misrepresentation, your insurer might try not to pay you, although often with our help you can fight to receive your full entitlement.
As soon as possible is best, but you may still be able to claim after a long time following an accident. Contact us if you are having problems with your insurer or if you want to understand how to make a claim.
There are strict time limits for making car insurance claims, so making a claim as soon as possible will give you the best chance of receiving adequate compensation.
The time limit you must adhere to will depend on the type of claim you are making, for example:
- An accident notification claim
You must lodge this type of claim with your CTP insurer within 28 days of an accident. - A personal injury claim
You must lodge this type of claim with your CTP insurer within six months of a car accident. - A fatal car accident claim
If you have lost a loved one in a fatal car accident you must lodge your claim within six months of the date of the accident, or from the date that your loved one passed away. - A nominal defendant claim
If you or your loved one have been injured in a hit and run accident you can file a claim under the NSW Nominal Defendant scheme. You must lodge this type of claim within six months of the accident.
Denials based on late lodgment can often be successfully overturned. To be sure, it’s best to consult your local Taxcellent Consulting Services trauma insurance experts to find out what time limit applies to your unique situation.
Call your insurer (or go online) and tell them about the accident.
Your insurer will likely want to know the following details of the accident:
- Date
- Location
- Name and contact details of the other driver/s
Your insurer will try to find out if the other driver/s have insurance, and will confirm who was at fault before assessing your claim and either rejecting or accepting it.
Once you’ve provided your insurer with all the information they need, they should give you a decision on your claim within 10 business days.
Yes, absolutely. You can appeal a rejected car insurance claim by:
- Complaining in writing to your insurer’s Internal Dispute Resolution (IDR) Department
- Complaining to the Australian Financial Complaints Authority (AFCA) but they usually require you to complain to your insurer first
- Going to Court
If your claim is rejected, get in touch with your local Taxcellent Consulting Services team and we can help you appeal.
Not usually, no. The insurance company of the other driver will not give you any information about the other driver or owner of the car. You can’t make a claim against the other party’s insurer unless they have made a claim on their own insurance policy.
