It is very difficult to prevent car accidents from taking place, no matter how careful and responsible one is. Car accidents may occur anytime and anywhere and unfortunately, there is hardly any way to avoid it. Cars often travel at high speed leading to accidents causing injury or even death. You may drive your car safely but others may be careless or inexperienced. It can also happen due to bad road conditions or weather or someone may get distracted due to the usage of mobile phones.
Car accidents in Australia
When it comes to Australia, car accidents are quite common resulting in injuries and deaths. In Australia, thousands of accidents are reported every month. According to Car Accident Statistics 2019, about 1226 people were killed due to road accidents and more than 3 people killed in a day. Since 1970, the number of road deaths has come down from 3798 in 1970 to 1226 in 2017. Though this is a positive change still the death toll is extremely high when compared with the global average. If you reside in Australia and unfortunately become a victim of a road accident, it is very important on your part to know how to get legal compensation for car accident claims.
How an attorney can help?
If you suffer injury in a car accident due to someone else’s carelessness, you have the right to claim compensation. However, to be compensated according to the personal injury law and due to the variety of personal injuries, it is recommended that you should first consult Workers Compensation Lawyers Perth who is experienced in personal injury law. Moreover, every state and territory in Australia has a different set of rules.
To get legal compensation for a car accident, you are required to prove that the person responsible for your condition could have done something to stop it. When you hire a lawyer, you will be in a better position to prove this. The Western Australian Government determines the Third Party Insurer Act with the objective of covering any personal injury compensation which you are entitled to. A lot of questions may arise regarding car accident compensation.
- Whose fault was it?
- Who will pay for the damage to your car?
- Who is supposed to pay the medical bills?
- How much should you get for your pain and sufferings?
- Can you ask your insurance company to compensate you for the wage that you lost?
It is the car accident lawyer who will be very helpful in negotiating such complex issues of insurance claims and settlements. They have knowledge of the law, procedural rules, do the legal work, and advocate you. They guide you with the process of personal injury claims and help you get the compensation that you deserve.
From whom to claim?
Based on the extent of injury you suffer, you can claim from either your insurance provider or from the party at fault. In case you are not at all at fault, your insurance provider will claim damages from the at-fault party’s insurance provider. In case the at-fault party is not insured, the compensation claim is to be made from the party itself. It may take somewhere between 6 to 12 months for car accident claims to get processed.
How to claim accident compensation?
To get legal compensation for car accident one should go through the following procedure.
- Report the accident to police: The first and foremost step is to report about the incident and the injuries sustained to the police and obtain a Traffic Incident Number (TIN).
- Consult your doctor: You need to obtain all medical and diagnostic reports, statements and medical certificates related to your car accident injury from the doctor who is treating you. These documents act as evidence and support the claim. Seeking advice from your doctor is essential not only for your recovery but also for making a compensation claim.
- File a claim: To file a claim for a car accident, the specified format should be used for applying to the insurance company of the car owner or driver who is responsible for the accident.
- Consult personal injury lawyer: To be aware of your legal rights and entitlements in case of a personal injury claim and to determine whether the claim is legal, you should consult a personal injury specialist. They will guide you about how you proceed with the claim and the time the whole process may take.
- Acceptance or rejection: After you submit the necessary documents along with the application, you will be notified within 28 days whether your claim is accepted or rejected.
If your claim is accepted
If your claim is accepted by the concerned insurance company, you may get:
- The wage for the days you could not work because of the injury
- Reimbursement of medical expenses
- Out of pocket expenses
- Referral to rehabilitation centers and medical specialists
If your claim is rejected
Your claim may get rejected because of wrongful, partial or nondisclosure of facts.
- Explore available options: If your claim gets rejected, you should explore other options that are available with your personal injury lawyer and work on those options to claim the compensation.
- Receive treatment: You should continue to receive treatment that is required and pursue the claim as well.
- Settlement: In case of a settlement, one gets compensated for medical treatment expenses, loss of income, domestic care and assistance, pain and suffering and further losses which may take place because of the personal injury. In case you receive any monetary compensation against your claim, you should seek your lawyer’s advice so that you do not surrender your right to a further claim or obtaining a lesser amount than what you are entitled to. You may also file a Common Law claim with assistance from your lawyer.
Since dealing with insurance companies is quite puzzling, it is advisable to seek help from a lawyer who is experienced and articulate enabling you to get the right compensation package.
