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You are required under the law to notify the third party insurer if you have suffered injury. There are two forms that can be completed;
Accident Notification Form
The accident notification form is a double sided form that is lodged with the insurer within 28 days of the accident.
The form contains basic information relating to the accident and a
section for your doctor to complete. The form once lodged with the
insurer will allow the payment of medical expenses up to a maximum value
Personal Injury Claim Form
The Personal injury claim form is a large 16 page form which provides more information in relation to the injuries than the accident notification form.
You must lodge the claim form within six(6) months of the accident. If you do not, then you will be required to provide the insurer with an explanation as to why you did not lodge the form and the explanation must be reasonable and satisfactory. The insurer is not obliged to accept the explanation so it is very important that the form is lodged. If you have had an accident and you have not lodged the form then you should do so urgently. If you have any questions regarding the claim form then you should contact your solicitor if you have one or contact ISN who can offer assistance.
Once the claim
form has been accepted the insurer will determine liability or fault.
The insurer is obliged to send out a letter to you notifying you of
either acceptance of the claim or denial of the claim. The letter is
called a Section 81 Notice. If liability or fault is accepted by the
insurer, then they will pay all your reasonable medical expenses as they
The process of a motor accident case is very much dependant on whether the insurer accepts liability or accepts that the driver that they insure is at fault. If the insurer accepts liability, then the matter can proceed through an informal process in a division of the Motor Accidents Authority called the Claims Assessment and Resolution Service (CARS). If liability is denied then the matter must proceed to Court, usually the District Court.
The Motor Accidents Authority
The Motor Accidents Authority (MAA) is a department of the New South Wales Government. The MAA has two arms to it, one to determine the value of a motor accident claim, the Claims Assessment and Resolution Service (CARS) and one to determine medical issues, the Medical Assessment Service (MAS).
Claims Assessment & Resolution Service
The Claims Assessment and Resolution Service (CARS) will look at a number of different issues including:
process in CARS is an informal process where most of the evidence in
the claim is done by paperwork. That includes the medical reports from
your doctors and your evidence which is done by written statement. Once
the application is lodged CARS will then appoint an assessor to
determine the value of the claim. This is usually done in a face to face
assessment conference or hearing. You will sometimes be required to
answer some questions at the hearing. The decision of the assessor is
binding on the insurer if it is accepted within 21 days of being issued.
has a number of doctors and specialists who are able to provide opinion
in relation to the above issues. MAS will normally organise an
appointment for you and it is at no cost to you.
Proceeding to Court
There are a number of circumstances where the claim will not proceed through CARS and will proceed to Court. They may include:
the matter proceeds to Court then you will be required to run your
claim before a Judge who will determine the issues in the case. Normally
in Court you will be required to give evidence, as well as other
witnesses in the case.
Download Relevant FormsAccident Notification Form.pdf
Personal Injury Claim Form.pdf