Recently Involved In A Motor Vehicle Accident?
Being involved in a motor vehicle accident is always a very frightening and traumatic experience, especially if you or any of your loved ones are injured. It is of course even more terrible if one of your loved ones dies as a result of the accident.
It is not just the pain and shock suffered when you, or one or more of your loved ones, are injured in a motor vehicle accident. Also very distressing and stressful is the loss of income and the expenses created by the accident. The financial losses caused by motor vehicle accidents take their toll. This is why most accident victims seek compensation for their pain and losses.
But what does the motor vehicle compensation claims process look like?
What do you need to know before engaging a motor vehicle compensation lawyer to help you with claiming compensation?
This extensive guide will provide you with all of the essential information that you need to seek and obtain motor vehicle injury compensation.
- What are the first steps you should take after a motor vehicle accident?
- How long do you have to lodge a motor vehicle compensation claim after being involved in an accident?
- How long do motor accident compensation claims generally take to be finalised/settled?
- What types of motor vehicle injury claims can be lodged?
- How much compensation can be claimed?
- How are motor accident compensation claims calculated, so you know how much money you are likely to receive?
If you are seeking the compensation you deserve after being in a motor vehicle accident, these are the things that you need to know.
1. What are the first steps you should take after a motor vehicle accident?
If you are unfortunate enough to be involved in a motor vehicle accident, which is always a terrifying experience, there are steps that you should take to ensure the safety and health of everyone involved, and to prevent mistakes that could later affect the availability of motor vehicle accident compensation.
So, what exactly are you supposed to do if you are involved in a car accident? Here are some motor accident tips for you in the case of a road accident emergency.
- Stop And Assess The Situation: try and breathe normally and assess the situation. Is there a lot of damage to your vehicle? Have you or anyone else in the car with you been injured? It is difficult to stay calm in such a situation, but it is critical for you to do so so that you can never you can navigate the next steps safely and with confidence.
- Call Ambulance And Police (If Necessary): not every motor vehicle accident is going to demand the attention and attendance of the police or ambulance service. If no-one has been injured or harmed in the accident, and no cars need to be towed away, the chances are that simply exchanging information with other drivers involved in the accident, and lodging a claim for compensation with your insurer will be good enough. However, if you are injured, or if the damage to your vehicle is so great that you are unable to get home safely, you’ll need the police and ambulance services to come to the scene of the accident.
- Assist For Safety Complications: it is important to remember that you may not be the only person at risk of injury during, or following a motor vehicle accident. For example, let’s imagine that there was a lot of debris scattered on the road, or your car is unable to be moved safely from the scene. Making sure that you’ve turned off your vehicle, turned on your vehicle’s hazard lights, and taken steps to alert oncoming drivers of the accident, may well prevent the risk of any other drivers from the risk of also being injured.
- Exchange Details: you need to know the details of the other person involved in the motor vehicle accident if you are looking to lodge a compensation claim. Try to obtain information, namely the other driver’s name, phone number, address, insurance details, and take down the registration number of the vehicle at fault. If the other driver refuses to give you the information at least try and obtain the registration number.
- Record Everything You Can: proving that you weren’t at fault for an accident can often depend on you having all the essential information to demonstrate that you were not at fault. But what might this include? If you anticipate making a compensation claim later on, try and take photographs of the scene and the vehicles, make a note of any witnesses in the area who may be able to support your version of events, and write out a personal statement as soon as possible while the circumstances of the accident are fresh in your mind, as memories can fade quickly.
Not having the correct information about the motor vehicle accident, it can make the process of lodging a claim difficult. By taking all the necessary steps set out above, should you find yourself in an accident, you’ll be well placed to obtain the best possible outcome of receiving the motor vehicle compensation payout you need and deserve.
2. How long do you have to lodge a motor vehicle compensation claim after being involved in an accident?
The most common question that motor vehicle accident victims have is “how long do I have to lodge a motor vehicle accident personal injury claim after the accident? “
The best rule of thumb to follow is to lodge the claim as soon as possible. Why? Details of the accidents will still be fresh in your mind and you will have access to all the necessary details and a clear picture of what happened. If you wait too long, you might not remember the precise circumstances or events leading up to the accident.
That being said, people injured in motor vehicle accidents have up to three months to lodge a claim. If, however, you are unable to work because of injuries suffered in the accident and you wish to claim and receive loss of wages you must lodge the claim within 28 days of the accident.
Lodging a claim can be a confusing process, particularly if you are unable to focus and concentrate because of your injuries. That’s why it is best for you to work with motor vehicle accident compensation lawyers who fully understand the process. They will be able to provide you with support every step of the way and improve your chances of your claim being approved.
3. How long do motor accident compensation claims generally take to settle?
If you are unable to work or to function normally because of your injuries, and/or you are experiencing severe emotional trauma, obtaining the support you need in relation to a motor vehicle compensation claim is critical in helping you recover from your injuries and resume your normal life. But, how long does it usually take for someone who is injured in a motor vehicle accident to obtain compensation for injuries and loss?
There is no clear-cut answer to this. Rather, it depends on several factors, which could shorten or extend the length of the claims process. These factors include:
- Medical stability: it is difficult to finalize a claim if your injuries have not yet healed and the potential for future complications has not yet been determined. Both your doctor and your lawyer will need to wait until your injuries have stabilized so it is possible to make a good prediction about how your injuries will impact your future. That’s because a large part of your compensation will be paid on a ‘full and final’ basis by the payment to you of a lump sum of money.
- The extent of your injuries: the severity of your injuries will generally determine how long the claim is likely to take to be finalised. Ask yourself: to what degree was or was I injured in the accident? Did I only receive a few bumps and scrapes when the other car crashed into mine, or I was hit whilst being a pedestrian? Was I severely injured because of the accident? Was it something in between?
It may be that you weren’t the only one who was injured or you working to the door stop or you weren’t injured at all stop if you are making a claim on behalf of a loved one who sadly passed away because of the accident or if a loved one was seriously injured in the accident, it could take some time before compensation is paid. Claims for young children generally take several years to be finalised.
- Size of requested compensation: naturally, the more serious your injuries ( plus the length of time you’ve been unable to work and the severity of your emotional trauma) the higher the monetary compensation is likely to be. This is yet another factor that can impact the length of time it takes to receive compensation.
Now, there are a few more details to discuss before we move on to other sections below. One additional detail we should mention is that, if your claim is rejected by the insurance company, that does not mean that you will not receive compensation for your injuries and loss.
Insurance companies frequently reject or delay claims because it is uncertain who was at fault for the accident, and who should be compensated. Engaging a motor vehicle claims lawyer will take away the stress of you having to deal with the insurer. They have the experience and knowledge to advocate hard for you against the insurer. This will also allow you to concentrate on recovering from your injuries and getting on with your life.
Another important thing for you to know before lodging a motor vehicle compensation claim is that missing the time deadline will not necessarily result in you not receiving compensation. If your claim is lodged late you may be required to explain the reasons for the delay which can be difficult and stressful. You will need the help of a motor accident lawyer to assist you with this in case you get it wrong and run the risk of being denied any compensation. It can be very tricky.
Whether you have recently been in a motor vehicle accident, or simply wish to know what to do in the event of being in one, please take note of all the guidelines above to help you successfully navigate the claims process.
4. What types of motor vehicle accident injury claims can you make?
Anyone who has been injured in a car accident, as a driver, a passenger, a pedestrian, a cyclist or motorcyclist, a truck driver, or even a passenger on a train may be entitled to receive compensation.
Compensation may also be available for the loved ones of a person killed in a road accident if they suffer nervous shock and/or were financially and/or personally dependent on the person who was killed, + funeral expenses.
What do you need to prove to be entitled to receive compensation, apart from the fact that you were injured, or a loved one tragically died, as a result of the accident?
The answer is negligence, also known as fault by the driver of another vehicle.
There are a variety of road or traffic accidents that can result in compensation being paid to people injured, or to the loved ones financially dependent on any person who died in a motor vehicle accident.
These are the categories of compensable accidents.
- Car Accidents: most people, when they think of motor vehicle accidents, think “car accidents“. That is why this is at the top of our list. Those who are injured because another motor vehicle on the road has run into their vehicle are entitled to receive compensation, not just for the damage to their car but, in particular, for injuries and the other ways that the accident has impacted them.
- Motorcycle Accidents: injuries suffered in motorcycle accidents are often far more severe than injuries suffered in car accidents due to the lack of protection and the increased vulnerability that motorcyclists face. There are of course no airbags on motorcycles. No seatbelts either.
If you were injured while riding a motorcycle and the accident was not your fault you can seek compensation for your injuries and loss.
- Bicycle Accidents: cyclists are especially vulnerable to cars and other vehicles they share the road with. Sometimes cyclists are deliberately knocked down because of road rage by impatient motorists, or by someone suddenly opening a car door across the path of the cyclist. This is called “dooring“.
- Pedestrian Accidents: pedestrians are more vulnerable than ever before because of the increasing number of ways they could be injured by motor vehicles and other vehicles on the road and on footpaths ( eg E-scooters). Furthermore, pedestrians are not safe crossing a road, even on a pedestrian crossing, with the lights in their favour, because of the increasing number of distractions in vehicles such as mobile phone use, texting, music, and the like.
It is virtually impossible to avoid being injured as a pedestrian when struck by a heavy motor vehicle, often at speed. Such vehicles are often called “lethal weapons“ because that is exactly what they are.
Police often blame injured pedestrians for the accident. That’s because, more often than not, injured pedestrians are taken to hospital without being spoken to by the police. It’s easier for the police to simply blame the pedestrian, particularly as the driver involved may have given a false version of events to the police investigating the accident. It is rare however for an injured pedestrian to be denied compensation, even if the pedestrian’s behaviour on the road was foolish and dangerous. Any pedestrian injured on the roadway, even if blamed by the police for the accident, should consult a motor vehicle accident lawyer to lodge a claim for compensation.
- Hit and Run Accidents: being injured in any type of motor vehicle accident can be life-changing. Unfortunately, some drivers of motor vehicles that cause accidents and injuries fail to stop and render assistance or take responsibility for the collision. This is particularly the case with cars or other motor vehicles colliding with pedestrians. Is it important to note that the victims of hit-and-run accidents, when it is difficult or impossible to identify the registration number of the vehicle involved, will be entitled to receive full compensation from the Nominal Defendant. It is important however for the injured person to conduct enquiries to try and discover the registration number of the vehicle at fault. It is highly advisable that anyone injured as a result of a hit-and-run should consult a motor accident compensation lawyer without delay so that the enquiry can be commenced asap, and a claim can be lodged with the Nominal Defendant.
Drivers and others affected by the negligent conduct of other drivers are certainly not the only persons involved in a motor vehicle accident who can claim compensation. No matter what your individual situation may be, there is legal support out there that can help you receive the compensation you need and deserve.
5. How much compensation can you claim?
Motor accident compensation claims can be complex, particularly in knowing what compensation, and how much compensation an injured person may be entitled to receive.
In most cases, it is impossible and inappropriate to quantify the claim before the injured person‘s injuries have stabilized to a degree whereby an informed prediction can be made about the injured person’s change in the future because of the injuries, and restrictions they impose. This requires expert motor vehicle injury law advice and guidance.
Here is a brief overview of some of the factors involved in quantifying compensation:
- your age
- your interests/hobbies/sports etc
- your employment and career intentions
- your health
- any previous claims and injuries
- your income and your income-earning potential before the accident
- your most likely future circumstances, employment-wise, had you not been injured?
- the amount of time you were off work because of your injuries
- the amount of money you’ve had to spend on medical services and therapy
- whether or not you were at fault, or partially to blame, for the motor vehicle accident
- the emotional and psychological pain you have endured
- whether your condition is likely to deteriorate as you age, because of your injuries, ongoing pain, and restrictions.
As you can see, there are a lot of moving parts in how much compensation you’ll receive from a motor vehicle accident claim.
6. How is compensation calculated In a motor vehicle accident claim?
Calculating the value of claims can be done in a number of ways. Our final recommendation in ii) below is undoubtedly the best.
- You can calculate potential motor vehicle compensation claims by conducting independent research. You can ask, what is the most common range of compensation for different types of claims your clients fall in this range?
- By far the best way to learn about how much you can claim and receive for injuries suffered in a motor vehicle accident is to consult and work with expert motor vehicle accident compensation lawyers. They have the experience and knowledge to understand what you go through, what you will have to go through, how much is wrong it is all going to cost, and how much you have lost a little lost and will lose because of your injuries and restrictions, caused by the accident.
But where do you start your journey for compensation? This brings us to our next point …
Reach out to Stacks Goudkamp to lodge your motor vehicle compensation claim today.
Are you ready to lodge a motor vehicle compensation claim for the compensation you need and deserve? If so, Stacks Goudkamp is here, to help and support you.
Our motor vehicle accident compensation lawyers have over 40 years of experience advising clients just like you who have been injured as a result of a motor vehicle accident. Not only are we experienced but our empathetic team is focused on ensuring you’re heard, supported through every step, and successful in receiving compensation.
If you’re ready to work with lawyers who care about your claim and know motor vehicle accident legislation inside and out, call us today at (02) 4058 2715 or contact us online for a free comprehensive initial consultation where we’ll learn more about your unique case and what we can do to help you.
