Regardless of how good a driver you might be, accidents happen and are unavoidable. If you’re in a car accident, knowing the steps you need to take to claim compensation might be challenging.
In a car accident, the injured party (whether the driver, pedestrian, or passenger), is allowed to claim against the other party (the “at-fault”) one. If the at-fault party does not have any insurance, your insurance company may cover your costs, or you could sue the other party for damages in court.
Who Can Make a Car Accident Claim?
Anyone involved in a car accident, who is not the at-fault party, can bring forward an application to file for car accident claims. This includes passengers, pedestrians, or any other third party who sustains an injury to self or property.
For example, if a car accident involves two cars colliding into a bakery building, and one car is at fault and the other sustaining injuries, the bakery owner can bring forward a compensation claim to cover the damage to property and to self if applicable.
How Can I Claim Car Accident Compensation?
If you are involved in a motor vehicle accident, you must Go Now and connect with a skilled lawyer. If the other party is at fault, they can help you get compensation for your damages. Also, make sure to inform the police if anyone is injured or dies.
When accidents happen, the police have broad powers, and they can ask for information about the car’s owner, registration number, and identity. This includes passengers or witnesses, even if they aren’t involved in the accident.
If you fail to give police evidence, give fake information or flee the scene, it is a criminal offence.
Once you have a police report, you can use the reference number to begin a claim at an insurance company or with a lawyer to claim damages from the guilty party.
What Types of Motor Accidents are Covered?
Car accident compensation includes several types of accidents, including:
- An injury materialising from an accident with another vehicle.
- A pedestrian involved in a car accident.
- A cyclist who is hit by a car or open door of a vehicle.
- A motorcyclist involved in a vehicle accident.
- A driver, passenger, or pedestrian involved in a single-car accident. A claim is possible if this was due to any defect in the car.
What Can I Claim As Car Accident Compensation?
There are two types of insurance available when there is a car accident. It is either:
- The third-party responsible for the accident has their insurance company cover your car’s damage and any injury.
- Comprehensive insurance that covers damage to your property and others.
Even if you are not at fault, you are still required to report the accident as soon as reasonably possible to your car insurance company. This is also important if the third party tries to claim against you.
Also, when you are claiming from the third party who you think is responsible, you can claim damage to property and the car. Additionally, if your vehicle requires any repair, you can claim the lowest cost of repairs and any other expenses such as towing.
But, if your car is written off, you can claim the lowest reasonable valuation before the accident, and any other expenses.
All documentation, such as a letter of demand containing the valuations of the car must be sent to the at-fault party.
After being in an accident and applying for a compensation claim, you can claim for:
- Pain and suffering;
- Loss of income (future and past);
- All medical costs that are incurred, including future expenses;
- Any hospitalisation or rehabilitation costs;
- Loss of financial support;
- Motor vehicle compensation that doesn’t include damage done to the property or the car itself;
- Any legal fees.
What Restrictions Apply to Car Accident Compensation Claims in QLD?
Timing in law is important and impacts the outcome of your claim. Personal injury claims have to be initiated within three years from the time of injuries being sustained.
You have to bring forward claims and cases as soon as reasonably possible. You are given a grace period of six years to claim for car property damage. For the best outcome, do it as quickly as possible.
Do I Need a Lawyer for Car Accident Compensation?
Many might suggest that it’s not necessary. As an analogy, it isn’t required to visit a dentist to remove a tooth, but an expert can achieve the best and most secure results.
There are several reasons why you might need a lawyer in compensation claims, and they include:
- Where there’s a dispute surrounding liability (who is responsible for the accident) or amount of damage;
- Where negotiations for compensation amounts are about to take place;
- In cases where both cars are damaged, and there is a deadlock;
- If legal proceedings arise because you can’t agree;
- The insurance company is disputing the claim or its value.
You should consult with legal professionals who can guide you step by step to ensure a successful car accident claim.
While accidents might be unfortunate and a bit of a grey area, your journey to gaining a successful compensation claim shouldn’t be. An expert accident lawyer will work alongside you, the at-fault party, and the insurance company to ensure a fair legal process. This includes fairness when it comes to the amount being offered. If you are uncertain about the way forward, you can find out more about making a compensation claim after a car accident.