Motor vehicle accidents can be a scary and potentially life-changing event and if you have sustained an injury as a result, you may be entitled to compensation. There are many things to consider when submitting a personal injury claim. Throughout this article, we will explain everything you need to know about motor vehicle accident claims to help you with the process.
There is an array of injuries that can be caused by a motor vehicle accident, some may include:
- Spinal, brain, and neck injuries
- Whiplash
- Broken bones
- Internal bleeding
- Psychological trauma
- Cuts and scrapes
- Soft tissue damage
Regardless of the severity of your injury, you may still be entitled to compensation to help you on the road to recovery.
What kind of motor vehicle accidents can I claim for?
It’s not only car accidents you can claim for. Other instances include:
- Quad, forklift, tractor, or motorbike accidents
- If you are a pedestrian or cyclist and have been hurt by a vehicle
- Injured whilst on public transport such as train, tram, or bus
- Claiming on behalf a dependant that has been injured in a motor vehicle accident
- If you have suffered psychological trauma from the event
- If you have been involved in a road accident and the car at fault was unregistered and not identified
- If you were involved trying to avoid a collision
- Single motor vehicle accidents
- You were injured whilst at work or to and from work.
I’ve been involved in an accident. What should I do?
If you or someone else has been injured in a motor vehicle accident, you must seek medical attention by calling 000 immediately and wait for help to arrive. If you and the other person have not been injured, there are some steps you will need to take before leaving the scene of the accident. You will need to gather information from the other driver, including their full name, address, registration number and insurance provider. Ask witnesses for their name and contact number, take photos of damage if appropriate. Do not admit fault. Report to the police and call your insurance provider.
What next?
Before taking legal action, you will need to lodge a Compulsory Third Party (CTP) insurance claim with the necessary provisions in your area. Every registered vehicle in Australia has CTP included in the cost of vehicle registration.
Before making your Compulsory Third Party (CTP) insurance claim you, you must have:
- Evidence of your injuries and a medical certificate
- A police report of the incident
- Lodge a Notice of Accident Claim Form with the ‘at fault’ driver’s insurance company. Time limits do apply for this, so it’s important not to wait. Seek legal advice as soon as you can after the accident.
How do I know if I have a motor vehicle accident compensation case?
If you’re injured in a vehicle accident and experienced loss of income due to the accident you may have a compensation case. In some cases, those who are at fault may even be entitled to compensation.
In most cases, you will need to prove that the accident:
- Has caused serious injury
- Was caused by another person or no fault of your own
- Has caused you loss
Speaking to an injury lawyer is the best way to determine if you have a case or not. They can offer helpful advice based on your situation.
What can I claim for in my motor vehicle accident injury case?
What you can and cannot claim for is highly dependent on the severity of your injury and how much it impacts your everyday life and future. Here are some common things that you may be able to claim for:
- Loss of income
- Medical and recovery costs
- Pain and suffering
- Psychological impacts
Each case will vary depending on the circumstances. Your experienced lawyer can advise you of what you can claim for when you speak to them.
How much can I get from my motor vehicle claim?
Numerous factors can affect your compensation amount. How old you are, the extent of your injuries, the financial impacts of your injury now and in the future and what medical expenses you have and will have moving forward.
Superannuation claims
If you have experienced an injury due to a motor vehicle accident and can no longer work, you may be entitled to a disability benefit payment from your superannuation.
The right representation
Having the right representation for your motor vehicle personal injury claim can be the difference between getting an outcome you are satisfied with or not. Personal injury cases are complex and having a lawyer represent you can take the stress out of having to deal with third parties and they will work hard to get you the absolute best outcome for your case. Choosing to represent yourself can be highly risky especially if you have no background experience in law. Whilst you may save on lawyers fees, you may miss out on potential entitlements which can add up to be thousands of dollars. This can have a huge impact on your recovery. To get an ideal resolution for your case, you must have an experienced injury lawyer on your side.
Our firm here at South East Injury Lawyers consists of senior expert injury lawyers and we have extensive experience in motor vehicle accident claims. Get in touch to start your claim process, we offer a free initial consultation and work on a ‘no win, no fee’ basis.
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