Who Can Make a Car Accident Claim?
If you are an individual who was injured as a result of a car accident and were not the one at fault, then you can make a claim. This includes drivers, passengers, pedestrians and cyclists.
When Should I Start a Car Accident Claim? How Long Does it Take?
Before you start your car accident claim, it is advisable to first speak with your doctor and learn more about your initial injuries after an accident and what initial treatment you require. Afterwards, there are many benefits of starting a claim as soon as possible:
- Your personal injury law firm can organize treatment and rehabilitation expenses to be paid by the insurance company so your recovery can be faster.
- A claim that is started earlier may result in earlier settlement negotiations than if you were to delay.
- An insurer may use a delay as evidence that your injuries are minor. Starting a claim sooner may prevent them from relying on this argument.
- Your claim will be lodged before the limitation period and you will preserve your right to claim compensation.
It is often uncertain how long the injury claim process will take. There are many variables that come into play that can expedite or delay the process such as the length of police and CTP insurer investigations, the extent of your injuries and the time needed for your treatment and rehabilitation. How the insurance company handles your claim is also a potential issue that can affect the period of the claim process. That is why it is imperative that you seek an accredited specialist in personal injury to protect your rights due to unnecessary delays or processes.
Car Accident Claim Time Limits Apply – DO NOT DELAY
There is a 3 year limitation period, which means that you must start your court proceeding within 3 years of the date of your accident. If you fail to do so, you lose your right to claim compensation for your injuries and other losses.
While this may seem like a long time, the risk of losing your legal rights is not something to be taken lightly. There are also other time limitations that you must take into consideration as well such as:
Is the at-fault vehicle insured? If yes, you must lodge a Notice of Accident Claim Form with the CTP insurer of the at-fault vehicle within 1 month of your first consultation with a lawyer OR 9 months after the date of the accident, whichever comes first. Failing to do so may result in the loss of your legal right to claim compensation unless you provide a reasonable excuse for the delay. It is imperative that you speak to an accredited specialist in personal injury concerning this issue.
What if the vehicle is uninsured or unidentified? If the at-fault vehicle is uninsured or if it cannot be identified (e.g. it was a hit and run accident), then a Notice of Accident Claim Form must be lodged with the Nominal Defendant within 3 months of the date of car accident. If you fail to do so within that period, you must provide a reasonable excuse for the delay. DO NOT delay if you are dealing with an uninsured or unidentified vehicle. You will lose your legal right to claim compensation against the Nominal Defendant if the Notice of Accident Claim Form is not lodged within 9 months of the accident.
What Can I Claim After a Car Accident?
There are many losses that a victim can suffer from after a car accident. Compensation is monetary and can include payment for losses such as:
Damages for pain and suffering (loss of enjoyment of life)
Past and future loss of wages and other income, including superannuation
Household and personal care and assistance provided by a friend or relative for free
Paid services for household assistance i.e. cleaner, gardener, ironing aid, car detailer, pool cleaner etc
Past & future out of pocket and medical expenses such as medications, rehabilitation, physiotherapy, surgery, ergonomic equipment and chiropractic treatment
In addition to a compensation claim, in most circumstances the CTP insurer will pay for rehabilitation and medical expenses initially incurred after a car accident.
Should I Make a Claim If the At-Fault Person is a Friend or Family Member?
The claim is made against the CTP insurer of the vehicle, and not against the operator or owner of the vehicle. As such, there is no significant disadvantage to that friend or family member.
You should consider consulting with a personal injury lawyer if you have been injured in the accident, especially if you are at risk of your injuries affecting your employment or ability to enjoy your regular life.
How Much Will My Compensation Amount To?
There are many circumstances that come into play when it comes to calculating a compensation claim. The complexity of these factors makes it very difficult to foresee an accurate quantum, especially when the accident has just occurred. Every accident victim may have a unique combination of circumstances, injuries and collisions that can affect their claim.
A victim of a car accident in Queensland (such as in the Gold Coast, Robina, Brisbane or Cairns) should be wary of anyone who tells them that they will be guaranteed an amount for compensation. An accredited specialist in personal injury is a professional in their chosen field and has significant experience in how the law applies to every unique circumstance.
Can I Be Taxed For My Personal Injury Compensation in Australia?
Generally speaking, the answer is no. The only exception is if you put the compensation amount in a term deposit. The interest from that deposit may be taxed.
What are the time limits to filing a claim if I have been injured in a MVA?
Generally, you must file a claim and Statement of Claim in court within 3 years of the accident. However, there are certain exceptions.
It is important to speak with an accredited specialist in personal injury as soon as possible in order to be informed of your rights and to properly approach your claim. The risk of losing your legal right to compensation is not worth the delay.
It is important that you protect the rights of you and your family by speaking with a trained legal professional for legal advice.
My Finances Are Limited So How Can I Afford to Make a Claim?
East Coast Injury Lawyers operates on a No Win, No Fee structure.
This means that you are not responsible to pay any costs until your case is resolved. Simply put, if we are unable to settle your claim, you do not have to pay. There is no risk in speaking with an accredited specialist in personal injury from East Coast Injury Lawyers to discuss your legal rights and how we can assist you in your claim.
I Need Help With My Claim! How Do I Start?
You can take advantage of our FREE consultation by calling 1300 720 544 or complete the case review form immediately. East Coast Injury Lawyers will guide you from there.