What should I do if I was injured in a car accident that was my fault?

PUBLISHED 23 Dec 2014

Car accidents are a traumatic experience that can be made even worse when you suffer injuries as a result of the incident.

Even relatively minor injuries, such as whiplash, may prevent you from working or carrying out your regular day-to-day activities with the same ease and efficiency as previously.

This is why many people pursue car accident injury compensation claims to help with the financial strain associated with being involved in a crash.

However, what if you are deemed to be at fault following an incident? Some individuals fear they may not be eligible for compensation if they are primarily to blame for the accident.

For example, this could be due to the consumption of drugs or alcohol or forgetting to wear a seatbelt or other appropriate safety gear. This includes helmets for those riding motorcycles.

While this may affect the amount of compensation awarded, individuals are often still eligible to make a claim. Therefore, the best course of action is to discuss the circumstances of the accident with a professional car accident compensation lawyer.

They will provide you with more information on current legislation, as well as offer advice and guidance on the next steps to take when making a claim.

How much injury compensaton will I receive?

If you are at fault for the incident, it is likely that you will receive less compensation than if the other road user was to blame.

The Motor Accidents Compensation Act defines at-fault drivers as committing ‘complimentary negligence’. 

As such, the courts will assess the circumstances of the crash and assign a percentage of liability that is reduced from the final compensation payout to acknowledge your role in the crash.

In other words, if the court decides you hold 20 per cent of the responsibility for the accident, this would be deducted from the gross amount of any awarded compensation.

Despite this, making a claim may still result in a substantial payout that can be used to cover a range of expenses, such as medical bills and loss of earnings.

This can prove to be vital assistance on the road to recovery, which may take considerable time if the accident was particularly serious.

For the best possible outcome, contact a no-win, no-fees compensation lawyer to ensure the risk of launching a claim is minimised should your case be unsuccessful.

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