What are the causes & types of car accidents?

PUBLISHED 09 Mar 2020

If you’ve been involved in a car accident in any way, it’s critical to understand the legal ramifications – especially if you might be liable to claim and receive compensation.

Can I claim damages for my injuries from a car accident?

Yes. Whether you were the driver of a car, truck or motorcycle, or a passenger, cyclist or pedestrian, it may be possible to claim damages – no matter who was at fault. It is important to contact a specialist accident compensation lawyer as soon as possible to find out your rights.

What type of car accidents am I covered for in the ACT?

In the ACT, Compulsory Third Party (CTP) insurance is a ‘fault’ scheme whereby the Third Party Insurer will pay for the damages caused by its negligent insured. Accidents covered include:

  • A driver injured in an accident where the other vehicle was at fault
  • A passenger injured in an accident with another vehicle
  • A passenger injured in a single vehicle accident
  • A pedestrian hit by a vehicle
  • A cyclist hit by a vehicle or hitting an opening door of a vehicle
  • A motorcyclist hit by a vehicle
  • A driver or passenger in a single vehicle accident caused by a defect in the vehicle which caused the vehicle to run out of control

What do I need to start my Motor Vehicle Accident Claim?

You will need to know where the accident happened, when it happened and have the registration and name of the driver that caused or partially caused the accident.

Who can claim?

If you were not at-fault, you can claim both an (A) early payment for your medical expenses (up to $5,000) as well as (B) compensation for the personal injury. If you were at-fault, you may be able to claim an early payment for your medical expenses. You cannot make a claim for compensation for your personal injury but may be able to access (C) an insurer’s “at-fault cover.”

  • Not At Fault: If you were not at fault, you can make a claim for a range of benefits such as medical treatment, the cost of rehabilitation and care, economic loss, and pain and suffering caused by the accident.
  • At Fault: If you were at fault, you may be able to receive medical expenses of up to $5,000 in medical treatment costs incurred in the first 6 months after an accident.
  • Partly At Fault: If you were partly at fault, you may be able to make claims for both (A) early payment and (B) compensation, but the insurer may recover some costs from you, depending on the extent of your liability.

Have you been injured in a road accident in Canberra or the ACT? Contact Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers at our Canberra City office today.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.