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Are there time limits?

Yes, some important time limits apply.

1. The accident must be reported to the Police within 28 days of the accident taking place.

2. A Personal Injury Claim Form must be lodged within 6 months of the date of the accident.

However, if you have not compiled with the above time limits, a claim may still be possible if a satisfactory explanation can be provided.

How does the claims process work?

The first step in the process is to complete and lodge your claim form. The insurer is required to make a determination in relation to liability. Throughout the claim, your medical treatment providers will ensure that you recover as best as possible and reports will be obtained as to your injuries and disabilities. Your claim can be resolved by way of negotiation with the insurer, however if this is unsuccessful, your entitlements can be assessed through the CARS assessment process. If CARS provides an unsatisfactory result, you do have the option of commencing court proceedings in respect of the claim.

How long will my claim take?

This depends largely on the nature of your injuries and the progress of your own recovery.  In order to adequately quantify your claim it is important that your injuries have “stabilised".  Once your injuries have stabilised and medical evidence has been obtained, the finalisation of your claim will depend upon the success of settlement negotiations and whether the assessment process is required. 

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Marsdens Offices