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Claims FAQs

Why do I have to complete a Notice of Accident form if I haven't lodged a claim?

 

Whenever a new claim is received by the MAIB, a Notic of Accident form (NOA) is sought from the owners and/or drivers of all vehicles involved in the accident, regardless of whether they too will need to lodge a claim. The NOA provides necessary information about when, where and how the accident happended, who was involved and the details of all vehicles involved. It also assists in verifying that the accident did in fact occur. In the event that legal action is later taken by a claimant, the information is particularly important.

 

Note - there is a legislative requirement for this information to be supplied to the MAIB. 

 

I have been asked to complete a Notice of Accident form but no-one was hurt in the accident?

 

Whilst no obvious injury may have resulted from an accident, a claim is required to be lodged for payment of even a simple GP or hospital check-up after the accident.

 

If any type of treatment cost is incurred as a result of an accident, it is a requirement that the person who has received treatment lodge a claim with the MAIB in order for payment of these costs to be considered. Whenever a claim is recieved by the MAIB, regardless of the severity of the accident, a Notice of Accident is required.

 

Both the other driver and I have been injured in an accident that was my fault. Does that mean I might be liable for any costs?

 

The MAIB is established under the Motor Accident (Liabilities and Compensation) Act 1973 (The Act) and the rights and obligations of participants in the  motor accident scheme are determined by the Act.

 

Generally, all owners/drivers with a current MAIB premium are indemnified for the payments made by the MAIB.

 

The Act stipulates the circumstances in which a driver/owner may be excluded from cover. In these cirumstances, your claim for Scheduled Benefits can be rejected. If the MAIB makes payments to other parties injured in the accident, the MAIB may have the right to recover these costs from you.

 

Can I claim for the damage to my car, bicycle, clothing, shoes etc?

 

No, the MAIB is not able to cover the cost of damage to items such as these.

 

The MAIB can only attend to the payment of benefits as prescribed by the Regulations of the Motor Accidents (Liabilities and Compensation) Act 1973 due to personal injuries sustained in the motor accident.

 

Am I covered if I fall off my bicycle and there is no motor vehicle involved? 

 

The MAIB has a liability to pay scheduled benefits to a person who is a resident of this State and suffers personal injury resulting directly from a motor accident. A "Motor Accident" is defined in the Motor Accidents (Liabilities and Compensation) Act 1973.

 

Each claim is assessed on its own facts. Generally, if you were to sustain injuries as a result of a bicycle accident in which there was no motor vehicle involved, you would not be entitled to benefits. If you are in doubt as to whether you may be covered, please contact the MAIB.

 

I have received an account for treatment. What do I do with it?

 

If your claim has been accepted by the MAIB, then the account should be forwarded to us for consideration. 

 

If you have not yet completed the claim documents, they are available in the Resources/Forms section of this site. You can also obtain forms by contacting the MAIB office, a Service Tasmania shop, or limited forms may be available from hospitals or medical providers.

 

When you have completed the documents, they should be provided together with the accounts to the MAIB without delay.

 

Once the MAIB has received the required initial claim forms you will not need to continue completing these documents each time you receive an account, but you will need to forward all accounts received to your claims officer.

 

How long before my claim is processed?

 

Once all initial claim documentation has been received, your claim will usually be assessed by the MAIB within two (2) working days. You will be notified by mail, email or by telephone as to the status of your claim and whether any further information is required to allow the MAIB to complete the claim assessment.

 

What is a claim number for and when will I receive one?

 

The primary purpose for allocating a claim number is to assist the MAIB in identifying your claim. Once we have received the claim documents and recorded your claim, a claim number is allocated to your claim. This number will be quoted on all correspondence we provide to you. 

 

Benefits are paid in accordance withe the provisions of the Motor Accidents (Liabilities and Compensation) Act 1973 and the associated Regulations. The provision of a claim number does not mean that all costs incurred by you will be paid, or paid in full by the MAIB. 

  

My claim has been rejected, why?

 

All claims are assessed in accordance with the provisions of the Motor Accidents (Liabilities and Compensation) Act 1973. If your claim for benefits has been rejected, a letter will be provided to you detailing the reason(s) for the MAIB’s decision.

 

My claim has been rejected, can I appeal the decision?

 

If you are aggrieved by the determination of the MAIB to deny your claim for scheduled benefits, the Motor Accidents (Liabilities and Compensation) Act 1973 provides that you may lodge an appeal against the determination with the Motor Accidents Compensation Tribunal (MACT).

 

What happens if my claim is accepted?

 

If your claim has been lodged, assessed and accepted, you will receive written confirmation that the payment of benefits may now commence. You will also be provided with the contact details of the claims officer who will be managing your claim.

 

Accounts for medical treatment should be provided to us so that we may consider these costs. Please record the claim number if known on the accounts.

 

If you have any questions as to benefits payable by the MAIB, please review our brochures that can be found in the Resources/Publications section of this site or contact the MAIB and ask to speak to your claims officer.

 

What treatment will MAIB cover?

 

Please refer to the Benefits & Claims section of this site for information on benefits payable or contact the MAIB and ask to speak to your claims officer.

 

Can I have an account set up for my required medication at a pharmacy?

 

It is not the MAIB’s current practice to set up an account with a pharmacy so that pharmaceutical costs medically required due to the motor accident injuries can be billed direct to MAIB. If this will cause you financial hardship, you may request in writing that the MAIB consider your individual case.

 

Pharmaceutical costs will not be covered unless the MAIB is provided with full details from your treating general practitioner or medical specialist as to the medication required, the relationship of that item to your motor accident injuries and confirmation as to the dosage and period for which the item will be medically required.

 

Why have I been asked by the MAIB to obtain written support for my medical treatment from my doctor?

 

The Motor Accident (Liabilities and Compensation) Act 1973, states that the MAIB is required to pay reasonable medical costs incurred by a person who has suffered personal injuries resulting directly from a motor accident. In order to ascertain what is reasonable, the MAIB may request that you obtain written evidence, usually from your treating doctor, which supports the requirements for treatment and the link to the motor accident. If you are requested to obtain this information and do not provide it, the MAIB may be unable to consider paying for the treatment in question.

 

Can I claim my lost wages?

 

Once your claim has been assessed and accepted, if you have incurred loss of wages after the first seven days commencing from the day of the motor accident, you may be entitled to claim 80% of your average weekly earnings. 

 

Documented evidence of your earnings (Employers Confirmation of Loss of Salary or Wages form) together with a copy of the group certificate for the financial year prior to your motor accident will be required from your employer. An Employer’s Confirmation Of Loss Of Salary form can be found in the Resources/Forms section of this site.

 

If you are self employed, personal and business tax returns, and/or proof of payments made to another person to ensure your business is carried on, will need to be provided.

 

Also required are appropriate medical certificates and a Tax File Number Declaration. The medical certificate for your treating general practitioner or medical specialist to complete can be found in the Resources/Forms section of this site.

 

When will I receive my first wages payment?

 

Following acceptance of your claim and once all required documentation has been provided, MAIB will assess your entitlement in accordance with the Regulations to the Act. Any payments will be made as quickly as possible.

 

If payments continue, they will be made to you on a fortnightly basis upon the provision of appropriate medical certification.

 

Please note that lost wages for the first 7 days commencing from the day of the accident are excluded from payment.

 

When will I receive my first housekeeping payment?

 

The first 7 days commencing on the day of the accident are excluded from payment.   

 

Reimbursement of costs incurred will be considered based on appropriate medical certification and documentation indicating proof of payment and the duties being undertaken. Housekeeping receipts for completion can be found in the Resources/Forms section of this site.

 

For further information regarding the housekeeping allowance please refer to the Claims Procedures & Scheduled Benefits Payable brochure available in the Resources/Publications section of this site.

  

Can I claim my travel costs?

 

Reasonable travel expenses can be claimed for the purpose of attending medical treatment, provided that the distance travelled is greater than 20 kilometres one way. 

 

In some instances costs of travel to medical treatment by taxi can be reimbursed/paid by the MAIB in the initial 39 weeks from the date of the motor accident, even if the distance travelled is less than 20 kilometres. You should contact your managing claims officer to obtain futher details if your treating general practitioner or medical specialist suggest that taxi transportation is appropriate. 

 

The Travelling Expenses Declaration form can be found in the Resources/Forms section of this site.

  

Will a rehabilitation provider be allocated to my claim?

 

Rehabilitation is the process of achieving maximum function after suffering a personal injury in a motor accident.

 

Your claim, if appropriate, will be referred by the MAIB to a professional rehabilitation provider who will assist you with the process of returning to your pre-injury activities at home, in the community and at work or study.

 

You have rejected payment of some or all of my treatments. Do I have grounds to appeal the decision?

 

Yes, the Motor Accident (Liabilities and Compensation) Act 1973 provides that where the MAIB has refused or failed to make a payment by way of a scheduled benefit, you may refer the matter to the Motor Accident Compensation Tribunal (MACT).

 

If a payment of a scheduled benefit is to be ceased or denied, the MAIB will advise you of this in writing and will provide you with advice as to your right of appeal against the determination. 

 

Am I entitled to compensation?

 

Scheduled Benefits - Generally, if you are injured in a motor vehicle accident, you are entitled to claim scheduled benefits, regardless of fault. If your claim is accepted, scheduled benefits will be paid. These benefits cover approved medical costs, though other financial assistance may also be provided. 

 

If you have any questions in relation to benefits payable, please refer to our brochure in the Resources/Publications section of this site, or to the section on Benefits and Claims, for more information. Alternatively, please contact the MAIB and ask to speak with your claims officer. 

  

Common Law - If you believe you have a claim against a negligent person, you may be entitled to common law damages. To clarify your entitlement in this regard, we recommend you seek your own legal advice. This should be done as soon as possible, as strict time limits apply to making claims of this kind.  

 

I have been involved in a motor vehicle accident, what do I do?

 

If you have been in a motor vehicle accident and you have been injured, you must lodge a claim with MAIB by completing both the Notice of Accident form (if you were an owner, driver or motorcyclist) and the Claim for Scheduled Benefits form winth 12 months (commencing on the date of the accident). 

 

If you have been in a motor vehicle accident and have not been injured, you should still complete the Notice of Accident form, if applicable and the Claim for Scheduled Benefits form, and lodge with us. 

 

Where do I get the MAIB claim forms from?

 

Forms can be downloaded from our website (the Resources/Forms section of this site), and/or collected from any Tasmanian hospital or Service Tasmania outlet. They can also be requested from MAIB directly, and we will mail them to you.  

 

Is a family free to choose a funeral director of their own choice for the burial or cremation of a family member fatally injured in a motor vehicle accident?

 

Yes the choice of a funeral director is a decision to be made by the family and not a decision where the MAIB is involved.

 

For accepted claims, the MAIB is able to assist the family with the costs incurred for the burial or cremation of their family member, those costs being paid as a scheduled benefit subject to the prescribed maximum sum. Expenses incurred in the provision of or erection of any gravestone (including plaques) are not payable by the MAIB as a scheduled benefit.


Copyright © 2014 Motor Accidents Insurance Board
 

Street Address
Level 1, 33 George Street Launceston TAS 7250

Postal Address
PO Box 590, Launceston TAS 7250

Telephone: (03) 6336 4800

Fax: (03) 6336 4848

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