Have you been in a motor accident and are in the process of making a compensation claim? Many Aussies are presented with the challenge of compensation in the aftermath and the additional cost of an accident. Awareness of your rights and the law can help you gain the compensation you are rightly owed. This guide gives you the low-down you need to know about claiming in Australia.
What Determines Your Eligibility for Compensation?
The accident’s circumstances determine your compensation perhaps more than anything else. You could have a good case if the fault lies in another party: negligence, recklessness, speeding, failure to follow traffic signs, driving under the influence, etc.
Even if you are at least to some extent to blame, you may be in partial receipt under the comparative negligence laws in Australia. The states and territories differ in road accident injury schemes, so you’ll want to look into the local laws in your area.
Types of Compensation You Can Claim
If you are qualified, the pay could cover many different damages. These most commonly are:
- Medical expenses: Payments for in-hospital treatments, surgeries, and rehabilitation.
- Loss of wages: Reimbursed wages because you did not earn any income while recovering.
- Pain and suffering: Non-economic damage resulting from physical and emotional discomfort.
- Future care needs: Either long-term care or medical care.
In addition, the extent of the injury usually determines the payout. Higher payments are required for catastrophic injuries like spinal and head traumas.
What Should You Do Immediately After an Accident?
Your actions after the accident will most likely determine how easily you are to claim.
- Report the accident: Report the accident to the police and get an accident report. This provides a record.
- Seek medical attention: Even if you believe the injuries are only superficial, get to the doctor. Medical histories are crucial to your case.
- Gather evidence: Document the accident site, car damage, and any injuries you see.
- Exchange details: Take the other party’s details and insurance details.
Being proactive at the accident site assists in bolstering your case and developing the evidence required to prevail in the claim.
Why You Need Legal Guidance
Navigating the law after a motor accident can be daunting. The laws regulating compensation differ in each state, and insurance providers are keen to pay as little as possible. This is why expert legal help for car accidents is so important.
A qualified lawyer can evaluate your case, help you through the claim procedure, negotiate for you, and produce the essential documentation for a successful resolution.
Time Limits for Lodging a Claim
In Australia, you are under tight time frames to claim compensation. You are required to claim in the majority of states within three years of the accident. A few states are less, and exceptions are available in the case of minors and severely injured.
Failure to act within the deadline could result in losing the claim. Thus, immediate counsel is needed.
Summary
Securing compensation for the accident helps to ease its economic and emotional impact. Understanding your rights, pursuing the proper course, and seeking the advice you require will most likely enhance the prospects of a favourable claim. Don’t delay—act at once to care for your future.
Call a lawyer to discuss your case today if you’re unsure of your rights or require advice.
