Being Compensated in a Motor Vehicle Accident

With the increase in population, the roads in Australia are getting more crowded each year, which increases the probability to experience an unfortunate accident. As a result of an accident, you might suffer injuries both physically and psychologically. If you experience difficulties due to an accident, you may be able to claim compensation. Every vehicle in Australia should be covered with a Compulsory Third Party (CTP) insurance before registering to drive. Depending on who was at fault, your entitlements might differ, both parties may benefit from income support payments. To get extensive information on motor accident compensation claims, you can request legal advice from an Australian lawyer.

What can I claim in motor accident compensation?

Although the extent of compensation might differ depending on who was at fault, some entitlements are common.No matter who was at fault, for the first six months, you can receive income support payments based on a percentage of your preinjury income if you have lost your income due to an injury.

You can receive income support payments up to 95% of your preinjury income for the first 13 weeks. After 14 weeks, the maximum is 85%. You can continue to receive income support payment after 6 months if you are not wholly or mostly at fault and if your injuries are not assessed as minor injuries. You can also notify the relevant insurer and benefit from 2 treatment sessions from a GP, free of charge.

If you lodge a claim for personal injury benefits, the insurer may also cover:

  • Medical, dental and pharmaceutical expenses
  • Rehabilitation and treatment expenses
  • Travel expenses to and from the medical appointments
  • Support services, such as personal care

Anyone that is suffering physical or psychological injuries due to the accident can claim these including drivers, passengers, pillion passengers, riders and cyclist. To compensate for your past loss of income, you should notify the insurer within 28 days of the accident. However, this time limit can be stretched to 3 months in some circumstances. It is recommended to talk to a lawyer to have a better understanding of time limitations.

Lump sum payment

If you have injuries that are assessed as more than minor injuries and if you were not wholly at fault in the accident, you can apply for common law damages to receive lump sum payment.At20months of the date of the motor accident, you can apply for common law damages if your injuries are assessed at less  than 10% permanent impairment.

You can claim lump sum compensation for your economic loss and non-economic loss. Non-economic loss is defined as loss of amenities of life, pain & suffering, loss of expectations of life and disfigurements and can only be claimed if your injuries assessed as more than 10% permanent impairment.

Do I need a lawyer to claim motor accident compensation?

It is proven by the facts that a professional lawyer with expertise in motor accident can change the outcome of your case greatly. Majority of the people seeking to compensate their loss are not aware of their rights. An extensively experienced lawyer will give great effort to prevent you to be compensated less than what you should. The adverse outcomes of motor accident might be wearing, frustrating and complex. While suffering such injuries, the last thing you should worry about is proving your rightfulness. You can hire an accidentlawyer to manage the process for you and keep you away from the irritating process of managing the talks with the other party, gathering evidence and arrange medical appointments. If you hesitate to work with a lawyer to prevent any further financial difficulties, you can hire a lawyer acting on no win no fee basis. A no win no fee lawyer will only get paid if you can receive compensation successfully.

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