If you or someone you know has recently been in a car accident, you know how intense the situation can be, especially if there were injuries. What’s important to remember is that you deserve motor vehicle accident compensation for any physical or mental anguish sustained because of the motor vehicle collision. While the claim filing process may seem overwhelming right now, we are going to walk you through how to get the right payout. Every case is different, but understanding the basics of the legal system can help you feel more confident with the claims process. Let’s get started!
Do I qualify for a car accident payout?
You may wonder if you even qualify for compensation at all, and the answer might surprise you. Consulting with a legal professional can help guide you in the right direction, but your eligibility is contingent on several factors. It includes things such as the severity of the injury and which party is at fault. Keep in mind that you may still qualify for compensation even if you are partially at fault for the accident, but you will likely receive less money than if there was no fault on your end.
If you have a physical injury as a result of the collision, you are probably eligible for a payout. However, even if you have no physical injury, you could still obtain compensation if you can prove mental distress. The extent of physical injuries and mental shock will inform how much you could potentially receive in car accident compensation.
There are a few scenarios where the likelihood of qualifying for payout is less common. The two main situations are:
- If the car accident was entirely your fault, you are unlikely to get compensation.
- In the case that you didn’t get hurt, there is not a high chance for payout.
When it comes to assigning fault for a vehicle accident, the process can be difficult, especially when both drivers claim it was not their fault. In other situations, it’s more simple to determine who was responsible, such as a rear-end accident. Most of the time, the car which hit the rear of the other vehicle will be found at fault. Of course, there are some collisions that are not the fault of a person, but rather an inanimate object or an animal. This can take more nuance to discover the at-fault party.
If this all seems a little complicated, you don’t have to tackle the process alone. Seeking legal advice can make a huge difference in the claims process. Gerard Malouf & Partners are accredited specialists in Personal Injury Law and with a 98% success rate and over 35 years of experience, we have the proficiency necessary to help determine if you qualify for compensation.
Filing a claim for car accident compensation
When it comes to filing a car accident claim in hopes of getting compensation, it’s best to get the process started as soon as possible. It should all begin immediately after the collision occurs, by reporting the car crash to the police. Ensure that you have the registration number for the car that caused the collision at hand. Then, you will need to complete your claim form and include as much information as possible. This includes gathering supporting evidence, which is essential for proving that you deserve a payout. From here, you will need to lodge the claim and wait for a decision to be made.
You should still file the claim even if the accident involves uninsured drivers or unregistered vehicles. These circumstances can make the process a little more complicated, but it’s worth seeking compensation, regardless. The specific requirements depend on each state and situation, so it’s best to always seek legal advice before attempting to file a claim.
There are several different types of personal injury claims that could be made after a car accident.
- Minor: This is any kind of injury that impacts the soft tissue and may include things such as whiplash or other muscle pains.
- Non-minor: Any damage to your body like injured organs, bones and anything requiring surgery will qualify as a non-minor injury claim.
- Whiplash injury claims.
- Back injury claims.
- Fatal car accident claims.
- Hit-and-run accidents.
- Bicycle and motorbike claims.
- Pedestrian accident claims.
- Public transport claims.
As you can see, compensation may be available even if you’re a pedestrian or riding a bicycle. In these cases, the physical damage can be more severe for the victim, and payout may be in order to help with medical costs.
Proving that you deserve a payout
There are several steps that you can take in order to ensure that you qualify for compensation. One of the most important things that you can do is to make sure that you include all the pertinent information in the claim. Evidence is key to proving that you deserve a payout after your car accident. As previously mentioned, calling the police is essential after you’ve been in a collision. This is because the police report number will be a key piece of evidence. Here are some examples of other pieces of information that should be included:
- Insurance claim report number: When you make the claim to your insurance company, they will give you the report number, which is essential.
- Other documentation of the accident: This could be written documentation on the police report of a picture of the scene of the accident that you take yourself. This is important because it can support your version of events.
- Proof of physical injury: Make sure that you keep hospital records, doctors’ notes and bills to prove that you were injured as a result of the car accident.
- Evidence of economic loss: From paystubs to other costs, these receipts will help prove that you suffered from economic loss because of the vehicle collision.
Sometimes, gathering information can seem like a daunting task, especially when you are still recuperating from the effects of the car accident. A knowledgeable compensation car accident lawyer can help make sure that you have all the important pieces of information and documentation.
Client success story
Let’s look at one of Gerard Malouf & Partners’ clients who was able to receive their deserved payout. Our client was a 60-year-old traveling on his motorbike when he was hit by a car that didn’t stop at a give-way sign. Because of this, the accident victim suffered major injuries to his head, spine, shoulders, arms, hips and legs. In the end, we were able to secure a payout of $630,000 to help our client with his recovery.
We have many more examples of how we have been able to help car accident victims navigate the legal system and receive their much-deserved compensation. Take a look at the wide variety of case summaries available on our website to understand how one of our personal injury lawyers can help you.
How to ensure you get the maximum payout
Once it has been determined that you qualify for car accident compensation, you want to make sure that the claim is filed in a way that gives you the maximum payout. One of the key ways to do this is to ensure that the claim is filed in accordance with time restrictions. Again, these differ depending on the state that the accident happened in. The quicker the claim can be filed with all the correct information, the better for your injury compensation.
Here are some basic time limits to keep in mind when starting a claim:
- New South Wales: Work with your team to collect the relevant information up to three months after the accident has occurred.
- Victoria: In this state, you have up to six years after the collision before you can’t receive injury compensation.
- ACT: In the ACT, you only have 30 days to file a claim for your car accident compensation request.
- Queensland: If you get into an accident in this state, be sure to get your claim filed no later than nine months after it happened.
- Northern Territory: After the vehicle collision occurs here, you only have six months to get your car accident payout claim filed.
- Western Australia: Get your information, documents and other necessary items together up to three months after the accident has passed.
In some cases, these time limits begin when you get in the car accident itself, and other cases when you become aware of physical or property damage that can be directly linked to the collision. The sooner you can work with your team to get your claim filed, the sooner the process can begin, and ultimately, finish. Instead of trying to navigate it all by yourself, having some legal advice can make the entire ordeal much easier for you.
Not only is it important to get your compensation claim filed before the deadline hits, but it’s valuable to be sure that your claim includes all necessary documentation of the motor accident itself. As we mentioned earlier, providing correct documentation is essential, both for a complete claim and for ensuring that you get the maximum benefit.
How much you can receive in compensation
You may be wondering how much you could potentially get in compensation for your car accident, and the truth is that every situation is different. The payout amount relies on things like the extent of your injuries, the amount you paid in medical bills, damages to the vehicle and other economic losses or significant pain and suffering.
Gerard Malouf & Partners is one of the largest firms in Australia. We’re well-versed in car accident compensation and the personal injury legal system. We can help you work with personal insurance companies, file claims and determine the amount of money that you deserve for being the accident victim in a motor vehicle accident. We have won more than $4 billion for our clients and would be happy to help you in your claims journey.
Even if you feel overwhelmed, you don’t have to tackle the claims process alone. A great way to get started is to ask for a free consultation with our experts. You can ask questions such as:
- Do I qualify for compensation?
- How much would my legal fees be?
- How long does filing a claim take?
- What kind of evidence do I need to collect?
Gerard Malouf & Partners is a No Win No Fee law firm, so if we aren’t successful, you don’t have to pay anything. Are you ready to get started today? Contact us for no-obligation legal advice about your claim