Being involved in a motor vehicle accident can result in both physical and psychological injuries. These events are often traumatic and frightening for not only those involved, but also their family and friends.
Oftentimes, people are unaware of what exactly they may be entitled to claim as compensation if they are involved in a motor vehicle accident.
At Kells, we have a team of highly experienced personal injury solicitors who can provide you with legal advice on a "No Win, No Fee" basis. In our consultation, we can advise you of what exactly you may be entitled to claim.
Those who are entitled to compensation as a result of injuries sustained from a motor vehicle accident include not only a driver, but also a passenger, cyclist or pedestrian. Further, family members who have lost a loved one in a fatal motor vehicle accident may be entitled to claim compensation.
What compensation am I entitled to?
Anyone who sustains an injury (psychological or physical) in a motor vehicle accident is entitled to payment of weekly income and medical, care and rehabilitation expenses for up to 26 weeks (and potentially longer) from the date of the accident. These are referred to as your statutory benefits. Payment of these benefits does not depend on who is at fault.
To make a claim for statutory benefits, you must give notice of the claim to the relevant insurer within the following timeframes:
- Three months after the date of the motor accident, or
- To be entitled to receive weekly payments of statutory benefits from the day after the motor accident, within 28 days after the date of the accident.
Some people who are seriously injured in a motor vehicle accident may also be entitled to a claim for damages.
The following are what you may be entitled to in a claim for common law damages if the motor accident occurred after 1 December 2017:
- Non-Economic Loss: This includes a claim for pain and suffering and reduced quality of life. This claim is subject to limitations.
- Economic Loss: This includes a claim for past and future loss of income if your injuries from the accident prevent you from earning as much income as you did prior to the accident. This also includes loss of superannuation.
In order to lodge a claim for common law damages, you must complete the relevant forms and submit them to the CTP insurer. This is a tricky task, and a lawyer will be able to help you.
Most importantly, a claim for common law damages has strict time limits and other requirements. The claim must be lodged within three years of the date of the accident.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
