Getting into a car accident is stressful enough. But making mistakes in your compensation claim can make things worse. If you don’t handle it correctly, you could end up with a much lower payout—or none at all.
Many Australians assume that if they weren’t at fault, they’ll automatically receive compensation. But that’s not always the case. A single misstep—like missing deadlines or saying the wrong thing to an insurer—can cost you.
Before you start the claims process, it’s important to know what to avoid. Consulting an accident attorney early on can help you steer clear of these pitfalls. But even if you’re handling it yourself, understanding common mistakes will give you a better chance of securing the compensation you deserve.
1. Not Seeking Medical Attention Immediately
Some injuries take time to appear. Just because you feel fine after the crash doesn’t mean you’re not hurt. Whiplash, internal bleeding, or concussions may not show symptoms right away. If you don’t see a doctor, the insurance company may argue that you weren’t really injured—or that your injuries aren’t serious.
Under Australian law, you need medical proof to claim compensation. Whether you’re dealing with a CTP (Compulsory Third Party) insurance claim or a personal injury lawsuit, medical records are crucial. Delaying treatment could weaken your case, making it harder to prove the link between the accident and your injuries.
What to Do Instead
- Get checked by a doctor as soon as possible, even if you feel fine.
- Follow all medical advice and attend any follow-up appointments.
- Keep copies of all medical reports, prescriptions, and receipts.
2. Admitting Fault at the Scene
In the heat of the moment, it’s natural to apologise—even if you weren’t at fault. But saying “I’m sorry” or admitting any level of responsibility can be used against you later.
Under Australian law, fault is determined based on evidence, not personal statements. Apologising or making assumptions about what happened could harm your claim, especially when insurers or legal teams review the case.
What to Do Instead
- Stick to the facts when speaking to the other driver, police, or witnesses.
- Avoid making statements that suggest blame, such as “I didn’t see you” or “I should have been more careful.”
- Let the evidence, such as dashcam footage or witness statements, establish what happened.
3. Not Collecting Enough Evidence
Your claim is only as strong as the evidence you provide. If you don’t gather enough proof, you’ll have a harder time proving what happened and how it affected you.
Key Evidence You Need
- Photos and videos: Take clear pictures of the accident scene, vehicle damage, road conditions, and any visible injuries.
- Witness statements: Get the contact details of any bystanders who saw the crash.
- Police report: If the accident is serious, police should be called to the scene. Their report can help back up your claim.
- Medical records: As mentioned earlier, these are crucial for proving injuries.
- Financial records: Keep receipts for medical expenses, car repairs, or lost wages due to time off work.
What to Do Instead
- Take as many photos and videos as possible before leaving the scene.
- Write down everything you remember about the accident while it’s still fresh in your mind.
- Ask for a copy of the police report if officers attended the scene.
4. Missing Deadlines for Lodging Your Claim
Every state in Australia has time limits for lodging a car accident claim. If you miss these deadlines, you could lose your right to compensation.
Time Limits to Keep in Mind
- In New South Wales, CTP claims must be lodged within three months of the accident, but you should notify the insurer within 28 days for early benefits.
- In Victoria, claims under the Transport Accident Commission (TAC) scheme must be made within one year, though exceptions apply.
- In Queensland, you generally have nine months to lodge a Notice of Accident Claim Form (NOAC) with the at-fault driver’s insurer.
- Personal injury lawsuits typically have a three-year limit in most states.
What to Do Instead
- Check the specific deadlines for your state.
- Lodge your claim as early as possible to avoid delays.
- Keep track of all submission dates and follow up on responses.
5. Accepting the First Settlement Offer
Insurance companies are businesses. Their goal is to pay out as little as possible. That’s why the first offer is usually lower than what you actually deserve. If you accept it too quickly, you may be left covering additional costs out of pocket.
Once you accept a settlement, you typically can’t ask for more money later—even if you discover new injuries or ongoing medical issues.
What to Do Instead
- Don’t rush into accepting an offer without reviewing it properly.
- Consult a legal professional to assess whether the settlement is fair.
- Consider all future medical costs, lost income, and pain and suffering before making a decision.
6. Posting About the Accident on Social Media
Social media can be a dangerous place when it comes to legal claims. Anything you post online can be used as evidence—often against you.
For example, if you claim that you suffered serious injuries but post photos of yourself at the beach or at a party, the insurer might argue that you’re exaggerating your condition. Even seemingly harmless posts can be misinterpreted.
What to Do Instead
- Avoid discussing your accident, injuries, or claim online.
- Set your accounts to private, but remember that insurers may still access certain information.
- Tell friends and family not to tag you in posts related to the accident.
7. Not Understanding Your Insurance Policy
Many Australians assume they know what their car insurance covers—until they need to make a claim. If you don’t fully understand your policy, you might miss out on benefits or fail to meet certain conditions.
For example, some policies require immediate notification of an accident. Others may have exclusions for certain types of damage. Understanding the fine print can prevent costly surprises.
What to Do Instead
- Read your policy carefully and clarify any unclear terms with your insurer.
- Keep a copy of your policy and any correspondence with your insurer.
- Ask for legal advice if you’re unsure about your entitlements.
8. Handling the Claim Alone When You Need Legal Help
While minor claims may be straightforward, more complex cases—especially those involving serious injuries—often require legal expertise. Trying to handle a claim alone, especially when the insurer disputes your case, can lead to a lower payout or even a rejected claim.
What to Do Instead
- If your injuries are severe or the claim is complicated, seek professional advice.
- Consider a no-win, no-fee lawyer if you’re worried about legal costs.
- Don’t wait until it’s too late—early legal advice can prevent mistakes.
Final Thoughts
Car accident claims can be tricky, and small mistakes can cost you thousands in compensation. From failing to get medical attention to accepting lowball settlements, avoiding these common errors will put you in a stronger position.
If in doubt, seek expert advice, keep good records, and be mindful of what you say—to both insurers and on social media. The right approach can mean the difference between a fair settlement and a frustrating legal battle.