Road Accident Injuries and Your Rights

 Road accident injuries are more common than they should be. Once the accident happens, many people face both damage bills and treatment expense for personal injuries. 

 

 The good news, if you are involved in a not at fault accident, even in a not at fault no insurance car accident, you may have many options to seek compensation for property damage and personal injuries.

Property Damage Claim 

In a car accident, if you at not at fault, you may claim damages from the negligent driver. Even if you are partially at fault, you can still claim damages from the negligent driver, and it is commonly referred to a claim for damages with contributory negligence. Once you make the make a claim against the at fault driver, it then up to the at fault driver to deal with his or her insurance company. If the negligence driver is uninsured, the at fault driver should be personally responsible for the damage that he or she caused. 

In realty, if the negligent driver is not insured, they may refuse to pay for the damage. If this is the case you are facing, your options may include

  • Commence legal proceedings, or 
  • Serve him/ her with a letter of demand for car damage

In most cases a letter of demand will be sent as a precursor to litigation. Please be aware that the law may vary based on the State and the procedure may vary based on the insurance company that you are dealing with. It’s best to consult a lawyer before starting a law suit.

Personal Injury Claim

If you are injured in a car accident, and the negligent driver is driving with a valid license. It is probable that you may claim CTP insurance against the negligent driver. CTP insurance stands for Compulsory Third Party Insurance, it is paid by drivers when they renew their licenses each year. The details about CTP insurance may vary by State, but the fundamental principal are the same in that they covers personal injury compensation payments in the event that the driver causes injuries to a not-at-fault party during a car accident.

The law about car accident injury compensation can be complicated and in Western Australia you are essentially claiming against a government department who takes over conduct of the obligation to pay compensation on behalf of an at fault driver. It is highly recommended that you get an experienced car accident injury lawyer that understands your local law on your side. For example, your accident happened in Perth, you should get an experienced car accident injury lawyer in Perth.

The best place to search for a good lawyer is to ask around, and search online.Foyle Legal car accident injury lawyer Perth have been representing people who suffer from car crash injury since 2012. Please give them a call to find out where you stand.

One common mistake is that injured people often ignore personal injuries after car crash. Simply because they don’t think it is a big deal. Yes, their neck may be sore, and they genuinely believe that the situation may improve. 

In reality, this may not be the case. Whiplash injury is one of the most common injuries after car accident. As a result of the crash, they started from a simply whiplash, if left untreated, it can affect your shoulder, back, your posture, and how you operate in day to day life. Depending on your life style factors, general health, and occupation, a simple whiplash injury may have career ending effect. 

The issue with car accident injury claim is that there many time limits, and your overall compensation payout is highly correlated to your symptoms post the accident. If you don’t report the accident and the symptoms to your doctor as soon as possible, because you don’t think it is big deal, you may be missing out on thousands of dollars in compensation payouts.

If you are involved in a car accident, and experiencing whiplash symptoms, please be sure to check out this page on what to do for car accident whiplash injury compensation: https://foylelegal.com/blog/whiplash-injury-compensation

Other Ways to seek compensation

In addition to damage claim, and personal injury claims. You may have the option to claim TPD insurance or trauma insurance, if you hold a valid insurance policy and meet the requirements to make a claim.

If you are injured in a car accident. It is important to know your rights. Please seek legal advice if necessary.  

 

 

 
< Prev   Next >
 
 

Quotation

"Liberty is obedience to the law which one has laid down for oneself."

 

Jean-Jacques Rousseau
 

Copyright 2019 AmO: Life Beauty Without Limits....