MAIB provides benefits to the following persons who suffer personal injury resulting directly from a motor accident:

Residents

Generally, a resident of Tasmania who suffers personal injury directly resulting from a motor accident will be eligible for benefits if:

a)  the motor accident occurs in Tasmania; or

b)  the motor accident occurs in another State or Territory of the Commonwealth and involves a motor vehicle registered in Tasmania.

Non-residents

Generally, non-residents of Tasmania who suffer personal injury directly resulting from a motor accident will be eligible for benefits if:

a)  the motor accident occurs in Tasmania; and

b)  the motor accident involves a motor vehicle registered in Tasmania.

Exclusions

Benefits are not payable to persons who suffer personal injury directly resulting from a motor accident in any of the following cases:

a)  The personal injuries to the injured person resulted from that person intentionally causing or attempting to cause the personal injury to himself or herself or any other person;

b)  An employer is liable to pay compensation to an employee for personal injury to that employee resulting from a motor accident in connection with the employee’s employment;

c)  A claim is able to be lodged in another State or Territory;

d)  The personal injuries are suffered in a motor vehicle race;

e)  Where the motor accident results directly from the use of a motor vehicle –

- that is a trail bike, farm bike or beach buggy; and

- in respect of which a premium has not been paid; and

- the injured person was the owner or driver of that vehicle.

f)  The personal injuries are suffered in the motor accident as a result of an act of dishonesty or violence to which the injured party was a part;  and

g)  Where at the time of the accident, no premium had been paid for the use of the motor vehicle in the circumstance, or under the conditions in which the motor vehicle was being used; and

- at the time of the accident the injured person was the driver of that motor vehicle and knew, or ought to have known, that such a premium had not been paid; or
- was the owner of the motor vehicle.

A medical benefit, disability benefit or disability allowance is not payable in respect of the personal injury to a person resulting directly from a motor accident:

a) Where the injured person is convicted:

- of manslaughter; or
- of causing death by dangerous driving; or
- of causing grievous bodily harm by dangerous driving; or
- of an offence under section 32(1) of the Traffic Act 1925; or
- of an offence under section 4 of the Road Safety (Alcohol and Drugs) Act 1970; or
- in another State or Territory of the Commonwealth of an offence that is substantially the same as those above.

b)  Where the person injured in the motor accident was driving and did not hold a driver's licence or a licence of the appropriate class; and was not exempted from holding such a licence or otherwise authorised to drive a motor vehicle of the relevant class.

Exclusions from benefits are specifically detailed in the Motor Accidents (Liabilities and Compensation) Act 1973.

Claims must be lodged within 12 months of the date of the motor accident.

The Act provides for disputed claims to be referred to the Motor Accidents Compensation Tribunal.

Should you have any questions regarding eligibility, please contact us on the toll free number, 1800 006 224 and ask to speak to a claims officer.