I’ve Been Injured In A Motor Vehicle Accident. What’s Next?
Fortunately, support is available. You can claim car accident compensation to help you recoup the financial impact of the motor vehicle accident. But where do you get started? Who qualifies? How much can you expect to receive? In this guide, we’ll take a closer look at car accident injury claims to address these questions and more.
Who Can Seek Car Accident Compensation?
- If you were injured and the other driver was at fault, you may be eligible to lodge a claim.
- If you were partially at fault for the accident, you may be eligible to receive compensation for your injuries (although the compensation may be less than if you were not at fault for the accident).
- If you were at fault in an accident, you still may be able to lodge a claim.
- In some instances, you may be able to lodge a claim when there is a blameless accident. A blameless accident occurs in instances where there are issues with the road, when a driver has a major medical emergency, or when there’s an issue with the vehicle.
How Do I Claim Compensation After A Car Accident?
Motor vehicle claims can be complex for some, which is why it’s important to understand the car accident injury claim process before you move forward. If you’re interested in claiming medical expenses after a car accident, who do you turn to?
All car accident injury claims are handled through the Compulsory Third Party Insurance scheme. Let’s take a closer look at what you should do and where to go to lodge a claim.
Statutory Benefits Claim
If you were injured in a car accident, you may be eligible to claim car accident compensation by filing an Application for Personal Injury Benefits.
- The cost of reasonable and necessary treatment for your accident-related injuries (eg doctor’s fees, physiotherapy accounts, medicine – prescription or over the counter) as well as travel to obtain that treatment.
- The cost of care and assistance for you around the home caused by your accident-related injuries (eg nursing care, cleaning services, gardening assistance).
- The cost of care for your dependents if you need that care because of your accident-related injuries (eg childcare).
- Income support for lost wages or earnings because of your accident-related injuries.
At the end of six months you can continue to claim benefits, but only if your injuries are determined to be ‘not a minor injury’ and only if you were not ‘wholly or mostly at fault’
You must make your statutory benefits claim within three months of the date of the accident. While you can make a late statutory benefits claim, it will be more difficult for you to do so because you will need to explain why you did not make a claim in time.
You must make your statutory benefits claim within three months of the date of the accident. While you can make a late statutory benefits claim, it will be more difficult for you to do so because you will need to explain why you did not make a claim in time.
If you are losing income or wages because of the injuries you sustained in the accident we strongly recommend that you make your claim within 28 days of the date of the accident in order to get your wage loss backdated to the date of the accident. If you don’t make your statutory benefits claim within 28 days of the date of the accident you may be entitled to wage loss but it will not be backdated.
What’s extremely important for those injured in a car accident to know is that the process for car accident injury claims will depend upon the date on which the accident occurred. This goes for claiming medical expenses after a car accident and beyond.
The legislation changed on 1 December 2017. If you were only familiar with the previous rules, you might get mixed up with the previous protocol and time limits to make a motor vehicle injury claim. Working with an expert motor vehicle accident lawyer will ensure that you’re following the correct legislation for the date you were injured on.
How Long After A Car Accident Can I Claim Injury?
If you were more familiar with CTP claims prior to 1 December 2017, you may know that you had up to six months in order to lodge your car accident injury claim. However, this is no longer the case. So, what has changed?
For those seeking car accident compensation after this date, you now only have up to three months to lodge a claim. This is reduced to only 28 days from the accident if you’re seeking to be reimbursed because you were unable to work. With all this in mind, it’s best to lodge a claim as soon as possible.
Common Law Lump Sum Damages Claim
- Damages for non-economic loss or pain and suffering if you have a whole person impairment of greater than 10%. These are assessed in accordance with Guidelines set by the government.
- Past loss of earnings – because the statutory benefits claim does not cover 100% of your lost wages, you can ‘top up’ the difference between what you would have earned and what the insurance company has paid you.
- Future loss of earnings – these are awarded if you have an impairment to your ability to earn and that impairment will be productive of financial loss.
You cannot make a lump sum damages claim until 20 months after the motor vehicle accident. You must make this claim within three years of the date of the accident.
How Much Compensation For Back Injury In A Car Accident?
The average compensation for a car accident is going to vary significantly from person to person based on their unique circumstances. Let’s imagine, for example, that you’re interested in seeking compensation for a back injury in a car accident.
The car accident compensation amounts you receive may be relatively high in comparison to other injuries. But it depends entirely on the scope of your injuries and how they’ve affected you. Those who have been paralysed, are dealing with chronic pain and long-term treatment, or are unable to find work can expect to receive much higher compensation than someone who has a good recovery and is able to return to their pre-accident hobbies and employment.
Of course, when accidents occur, there is not just physical, but psychological trauma as well. Car accidents often take their toll on your mental health too. You can seek support if you experienced psychological trauma after a car accident.
In short, there are numerous factors that will determine what your compensation can look like. Working with lawyers can give you a better idea of what to expect when you lodge a claim based on your own individual circumstances.
Who Pays Compensation For A Car Accident?
Another common question asked by those looking to make a claim is, who pays for it? For the most part, your medical bills are covered by the relevant CTP insurer subject to the insurance company considering such expenses to be reasonable and necessary.
Get The Support You Need From Car Accident Compensation Lawyers In Sydney At Stacks Goudkamp
Being involved in a motor vehicle accident is stressful enough. If you’re looking for support to navigate your car accident injury claim, Stacks Goudkamp is here to support you every step of the way.
Our motor vehicle accident compensation lawyers have over 40 years of experience supporting clients like you who are looking for car accident compensation for their medical bills, psychological trauma, loss of wages and pain and suffering.
Our team of empathetic lawyers are dedicated to ensuring that you have everything you need through every step of the process so that you get the compensation you deserve without feeling left in the dark.
Ready to get started? All you have to do is reach out and call us today at (02) 4058 2715 or contact us online for a free comprehensive initial consultation. Here, we’ll work to better understand your situation, the factors that can impact your claim, and how we can help you move forward!
