While there are many road accidents not everyone are aware of their rights to claim accident injury compensation. Injury compensation goes beyond the usual insurance claim for accident damage. Motor Accident compensation can offer benefits which include losses, expenses and a lump sum payment for pain and suffering (CTP green slip claims).
When dealing with an insurance company direct, you might find they are not very forthcoming when it comes to paying out insurance claims.
Dealing with an insurance claim
If an insurance company makes you an offer of a lump sum for motor accident compensation you may find it falls short of what you are legally entitled to.
When it comes to accident injury claims it’s very much a case of ‘if you don’t ask you don’t get’. This is where a vehicle injury lawyer can prove extremely beneficial as they will prepare, negotiate and settle the best possible lump sum payment possible. Making a claim for motor accident compensation is likely to be more successful if you engage a vehicle injury lawyer.
When you are offered motor accident compensation in the form of a lump sum insurance claim it is extremely important to obtain legal advice from a vehicle injury lawyer of contact an injury helpline before accepting or signing the offer.
Who should be compensated following a road accident?
Not only are you entitled to claim for the damage to your vehicle you must also consider injuries sustained. You may have injuries yourself; your passengers might have injuries and so forth. The severity of injuries and impact injuries have had will effect motor accident compensation entitlements.
Fault and non-fault based schemes
As the laws across Australia are different between States and Territories these accident injury laws will determine legal entitlements to an accident injury road accident claim.
Some States operate a ‘non-fault’ based scheme which means a person can claim motor accident compensation regardless of whom is at fault. However, in other parts of Australia a ‘fault-based’ scheme may operate. This means motor accident compensation entitlement will depend on who is to blame, whether a person is partly to blame or completely at fault.
There are also schemes in place for hit and run accidents of where the other driver is unknown or not insured. It is extremely important to get advice from a helpline such as the Australian Injury Helpline who can point you in the right direction regarding your legal rights to a road accident claim.