Have you been injured as a driver, passenger or pedestrian?
If the accident was not your fault you are entitled to claim for the injury and loss which has been caused by the injury. If you were partly at fault you may also be entitled to make a claim. To discover what your rights and entitlements are, call Peninsula Personal Injury Lawyers on 9581 4339.
What do I do if I have been injured in a car accident?
If the accident was not your fault, or even if you were partially to blame, you must report the accident online at www.crashreport.com.au. This will notify both the police and the Insurance Commission of Western Australia of the accident. The Insurance Commission of Western Australia is the compulsory third party insurer and is responsible for paying out compensation for personal injury claims.
What if the other vehicle was registered in another state?
You must notify the relevant compulsory third party insurer for that state. There may be time limits for doing this so you should seek legal advice from an expert personal injury lawyer.
What if the accident was my fault, or partially my fault?
If you caused the accident in full, you are not able to claim. But if you were partially at fault and so was the other driver, you may still be able to claim. The effect is that your compensation will be reduced by the proportion you are found to have been at fault.
What if I need time off work and I don’t get paid?
You are able to make a claim for an advance payment against your claim for past economic loss. However you will need medical and other evidence to support the loss which needs to be submitted to the insurer.
What can I claim for?
If the other driver was negligent, you are able to claim for the injury, it’s effect on your life and any loss which has been caused by the injury including economic loss and medical treatment costs. There are other claims that you may be able to make and you should seek legal advice from an expert personal injury lawyer to make sure you have claimed everything you are entitled to.
Will my case go to court?
The majority of cases settle before trial. In fact most cases settle either before legal proceedings are commenced, or at pre-trial conference.
When is the right time to settle my claim?
It is recommended that your claim is settled when your medical condition has stabilised and an assessment of your impairment or disability, your work capacity and future treatment needs has been made. This could be at least 12 months from the date you suffered your injury. You should have all medical and other evidence available prior to settling your claim and you should seek legal advice from a specialist personal injury lawyer to help you maximise your financial entitlement.