After suffering negligence-based injuries, your medical expenditures, as well as your income loss, is compensable. However, to receive back pay, depending on the situation and the territory, strict time limitations may apply. Under the compensation law, damagesmay be awarded to those who suffer serious permanent injuries as a result of someone else’s violation of his/her responsibilities. The extent of compensation will be largely based on the claimant’s circumstances. Although the procedure is mainly common, specific details and uniqueness of the situation will reflect on the total amount of compensation, and the entitlements.
How can I claim compensation for car accidents?
Car accident incidents are examined under the Motor Accidents Act. Without exceptions, motor vehicles in Australia are required to be insured before registering to the traffic. While the uninsured vehicle owners can face harsh penalties, this insurance scheme is strictly regulated by the Australian government, in order to recover the loss of those who are suffering medical conditions, as a result of a car accident. The party at fault and their CTP insurer have the legal responsibility to cover the loss of the victim. As CTP insurance is compulsory insurance, this duty cannot be avoided. However, the victim’s lack of care is a factor to concern while determining the damages. Unfortunately, slight breaches on the personal duty of taking reasonable care may decrease the total amount of compensation that is to be paid.
Determining liability in motor vehicle accidents might be a bit of a challenge without proper and sufficient knowledge. Also, the victim should cease any unwanted conversations with the party at fault as even an apology might be used against the victim as acceptance of fault.
Pullover and ensure that the shock wore off.
To avoid acting reflexively, make sure the shock wore off before starting any conversation with the other driver. Then, you can start exchanging the necessary information. If necessary, call the emergency services as soon as possible.
You or your passenger, whoever is in a better state of mind, should exchange the necessary personal and contact information. This includes the licence number of the other driver, any evidence or witnesses’ contact details and insurer’s contact details.
Arrange a consultation with a motor accident lawyer.
Motor accident claims are notorious for being complex claims. Slightly breaching your personal responsibilities can easily make an impact on the claim. For this reason, it is always a good idea to contact a lawyer and have the claim evaluated.
Motor accident compensation entitlements
Based on the degree of fault, financial and non-financial loss of the claimant is recoverable. The extent of the claimant’s entitlements will be based on their share of negligence. In this case, the negligence of the victim – which is also known as contributory negligence- can be driving slightly above the limits, overloaded vehicle or any other form of lack of personal care. In Australia, the claimant can recover damages for loss of past and future income as well as medical attention expenditures.
Victims’ loss of income is compensable in two different ways. Firstly, the claimant can receive income replacements for a limited time, which is based on the proportion of pre-accident income. This benefit can be received until the claimant is back to his/her usual fitness. If the claimant’s injuries are non-minor injuries, lump sum payment may be awarded, depending on the state’s permanent impairment requirements.
Should I hire a lawyer?
While you can focus on your injuries and your recovery process, a group of experienced and strong-minded lawyers will plan the most beneficial steps on your favour. To reach the best outcome possible, the claim should be supported with strong evidence and intense attention. With a compensation lawyer by your side, you will ensure even the tiniest bit of your rights will be defended to be compensated sufficiently.