Making an insurance claim for an accident injury can be a scary experience. Below are 10 quick facts on making a claim to help you understand the basics.
1) You may be entitled to Accident Injury Compensation if you have suffered an injury in a road accident or motor vehicle accident.
2) If your accident happened as a result of someone else’s negligence you may be entitled to a common law claim as well as compensation. Click here to find out what you can claim.
- If the other person was reckless and could have taken action to avoid the accident and they are deemed negligent by the police you may be entitled.
- If the accident is your fault or partially your fault you may still be entitled to car accident compensation.
3) Seeking legal advice on Accident Injury Compensation could increase your compensation benefits by thousands of dollars.
4) Provide information that will support your claim. Include as much documentation as possible.
- At the scene gather names and contact information of the other driver as well as their car registration and CTP insurance details. If possible gather contact details of any witnesses as well. This will assist your vehicle injury lawyer to prepare and process the claim.
- Gather documents such as medical notes, police reports and witness reports. You may want to include photos of your injury. Keep copies of receipts for all relating expenses.
5) The insurance company have their own interests in mind
- An insurance company aim to minimise payouts wherever possible and may try to defeat or reduce your compensation claim. In their best interests, insurance companies often only offer the bare minimum payout. Claim staff, are trained to sound caring on the phone and may tell you NOT to speak to a lawyer. Claim staff may also receive a bonus for minimising payouts. Something to be aware of.
6) You can claim a lot more than the cost of fixing your car. You may also be entitled to a CTP claim which is a separate claim for injuries and related losses.
- Claim for car damage is one claim. You may also be entitled to a CTP lump sum. This is a completely separate claim and will more than likely be with a different insurance company.
- This may include re-imbursement of expenses such as medical costs, rehabilitation costs, psychological assistance. A CTP lump sum may also include losses such as a loss of wages or salary. An accident injury lawyer can prepare a claim for all these losses and expenses as well as for your pain and suffering. They will fight to obtain as much as possible from the insurance company involved.
7) Time is a key element to determin eligibility for an accident injury claim.
- Time is of essence when making a claim as strict limits apply. The time period varies and depends on your State or Territory.
8) Different laws apply in each state.
- It is important to have the right legal advice on your specific case as each State and Territory in Australia has different laws and schemes.
9) You need to file a police report.
- It is a legal requirement to report the incident to the police as soon as possible. If you fail to report the accident you will not be entitled to a CTP lump sum.
10) You must not rush into signing documents from your insurance company. Get a second opinion first by calling an independent injury helpline on 1300 188 784.
- Once you sign a document accepting a lump sum payment from an insurance company you may end any rights to a future claim i.e. a common law claim. This may only be applicable in certain States or Territories. To make a claim click here or contact us on 1300 188 784.