Compensation for personal injury
If your personal injury was caused, or contributed to by the fault of another driver, common law compensation can be sought.
What is common law compensation?
Common law compensation is a lump sum payment that recognises the long-term impact the accident has on your life.
People may be eligible for common law if personal injuries are caused by a motorist's negligence.
The compensation is for:
- loss of past and/or future earnings;
- pain and suffering;
- past and/or future out of pocket expenses; and
- future care needs.
Compensation is paid for by the MAIB on behalf of the person, party or organisation who is at fault in the accident.
Can I claim compensation?
To be eligible for common law compensation someone else (another person, party or organisation) must be at fault (or partly at fault).
What is fault (or negligence)?
Being at fault (or negligent) means failing to take reasonable care to avoid causing injury or loss to another person. This includes partial fault or contributory negligence, which is when more than one person, party or organisation is responsible for the accident.
Some common examples of a person being at fault are failing to give way at stop sign or driving distracted and causing a crash by running into the back of another vehicle.
What is the process?
Generally, you have up to three years to make a common law claim. It is recommended you seek legal advice to determine if you have a right to a claim.
Most claims are settled through negotiation and mediation, however the claim could go to court if a settlement isn't reached.
If you believe you may be entitled to common law compensation for personal injury you should seek legal advice without delay as there are time limits which apply.