How Long Do I Have To Claim For Whiplash After Car Accident

whiplash

Whiplash is the most common injury associated with car accidents and requires treatment to recover or reduce chronic pain. Many people do completely recover and return to their normal activities without rehabilitation, but sometimes treatment is essential to assist recovery.

Claim Forms

The legislation has set strict timeframes for claim form lodgements. You will need to give a reason for your delay if you plan to send a claim form later than the set timeframes.

To claim for whiplash compensation, you will need to complete the Notice of Accident Claim Form (Non-Fatal Injury) and lodge with either the driver in fault’s CTP insurer or the Nominal Defendant.

Claiming with the CTP insurer

The CTP insurer will assess if your claim is reasonable and appropriate, related to the car accident and validated with evidence, such as medical assessments. After lodgement, it will take at least 14 business days for the CTP insurer to provide you with their decision. The CTP insurer will pay rehabilitation expenses once they have accepted the liability in your claim or your upcoming rehabilitation expenses.

Professional legal support

If your whiplash injury affects your ability to work or you feel your medical treatment and diagnosis is ineffective, hire professional legal guidance to help you achieve the full benefits you deserve as quickly as possible. With reliable legal support, you can feel more confident and will be able to focus more of your energy on your recovery.

If you are unsure of your legal rights, call us today. We are here to support you through this process.

Claiming with the Nominal Defendant

If the driver at fault was unregistered or unidentifiable at the scene of the car accident, send your completed form to the Nominal Defendant. The Nominal Defendant is a statutory body to help provide compensation to people who have been injured as a result of the negligence of another.

What to do if liability for the accident is denied

Keep recording the expenses of your whiplash treatment and rehabilitation even if your claim is denied by the insurer because if it is determined later that the insurer is liable, you can be reimbursed. In the meantime, you will want to make notes of these costs to claim on your Medicare or private health insurance.

How to organise your rehabilitation or treatment

The MAIC has created a whiplash injury recovery booklet that guides people experiencing whiplash to recover from their injury through self-help advice and exercises. You can view the whiplash booklet in PDF or order the physical copy.

If you have any questions regarding your whiplash claim, or if you have been involved in a car accident and would like to make a claim, please feel welcome to contact our office anytime.

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