How To File A Compensation Claim For A Traffic Accident In Australia


Car accidents are becoming more common. However, an injured person in a car accident can claim compensation through a car accident claim.

The third-party insurer of the at-fault driver typically funds the damages payout when a victim makes an approved claim. 

While it may seem impossible to prevent car accidents, controlling the aftermath can significantly impact future income and hospital bills. 

However, following the right steps after an accident can help with damages, regardless of whether it’s a rear-ended or major collision. You can use free online injury claim assessment for an easy compensation claim for your traffic injury.

Therefore, you must remember certain things to ensure proper compensation for motor vehicle accident claims. This is essential, as not all accidents are alike. 

By following the right steps, individuals can receive substantial benefits in the future.

Steps To Claim Compensation For Traffic Accidents

Given below are the steps that you must take to claim compensation for a traffic accident— 

1. Check Your Eligibility

Car accidents can result in physical, emotional, and financial damages for all parties involved. However, all injured parties are legally entitled to financial compensation. 

Drivers, passengers, and pedestrians can file car accident claims. If the driver was not at fault, they can claim an accident notification with a maximum payout of $5000 in Australia. 

Passengers can claim if they were partly at fault for their injuries, such as not wearing a seatbelt or being under the influence of alcohol or drugs. Pedestrians can claim that they were partly at fault for their injuries.

Cyclists can file a car accident claim if they are partially at fault for their injuries, such as not wearing protective gear or having lights on their bicycles. 

Moreover, if a child is injured under 16 and a NSW resident, their parent or guardian can file a claim on their behalf. 

The deceased’s spouse, parents, siblings, and children are eligible family members. All injured parties in car accidents are legally entitled to financial compensation for their hardship.

You can get help from National Compensation Lawyers to claim your compensation for the accident.

2. Gather Evidence

To handle car accident claims, having our number (1800 958 498) saved in your contacts and utilizing your smartphone to record audio videos and take notes is important. 

You can use Google Keep, a free and simple app that can record audio, store pictures, and take notes for this task. 

It’s also essential to take photos of the scene for motor vehicle accident claims, including all vehicles involved, traffic signal lights, debris, skid marks, poor lighting, and road markings. 

Also, note the weather and road conditions during the accident and take relevant photos. 

However, it’s best to avoid taking statements from witnesses who seem to support the other driver involved, as these could be used against you in the future. 

Make sure to turn your phone to landscape and take photos of all the following details:

  • Involved vehicles.
  • Traffic signal lights.
  • Debris.
  • Skid marks.
  • Poor lighting.
  • Road markings.

3. Take Medical Help

If you get injured on the road, seeking medical treatment immediately is essential, even if the injuries appear minor. 

Inform your physician and follow through on prescribed medication and treatment. 

Reporting all injuries to the doctor is crucial, as not doing so can lead to significant problems later on. 

If symptoms persist and the doctor doesn’t investigate them adequately, consider seeking a second opinion. Journaling pain, symptoms, medications, and treatments is also important. 

A comprehensive medical record detailing serious personal injuries is necessary for the success of your car accident injury claim. This record should describe the injuries’ relation to the accident and their impact on daily life and employment.

4. Hire A Personal Lawyer

After a motor vehicle accident, contacting Personal Injury Lawyers to file a car accident claim form and safeguard your personal injury claim is important.

Their extensive experience handling such claims can help clients with treatment expenses and ensure that the insurer covers reasonable treatment and rehabilitation costs. 

If you hire experienced car accident lawyers from National Compensation Lawyers, they can make the process easier for you. 

These lawyers can find relevant facts, gather evidence, and draft thorough demands for your compensation claim. It’s worth noting that the insurer must cover these costs under relevant legislation.

5. Deal With The Insurance Company

Car accidents can result in two types of insurance claims: one for personal injury and the other for property damage. 

Comprehensive insurance covers car repairs or property damage caused by collisions, theft, or other accidents. 

However, Compulsory Third Party Insurance (CTP) is mandatory in most Australian states and territories and provides coverage for injuries sustained by drivers, passengers, and pedestrians in car accidents.

A vehicle’s comprehensive insurer may differ from the CTP insurer, requiring separate claims with different insurance companies if both result in property damage and personal injury. 

Understanding these two types of insurance can help navigate the claims process effectively and ensure the necessary coverage in case of an accident.

How Long Does The Claim Take To Process?

In Australia, the time it takes to settle auto accident claims varies based on different factors. Typically, it can take anywhere from 6 to 12 months, but no fixed timeframe exists. 

The settlement process’s duration depends on the case’s complexity, the level of cooperation among all involved parties, and other such factors. 

In cases where the injuries are severe, or the damage is extensive, the settlement process can take longer due to the time required for injury stabilization and the stronger defense put up by insurance companies. 

In such cases, the settlements are often larger, and insurance companies may adopt a more aggressive stance in their defense.

Emotional Stress Claims For Traffic Accidents

Emotional distress claims for car accidents are not allowed under the NSW CTP scheme. However, individuals who have diagnosable psychological conditions may file a lawsuit for psychological injury. 

These injuries are categorized as either above threshold or threshold. 

Above-threshold injuries include diagnosed illnesses such as depression or PTSD, while threshold injuries include acute stress disorder and adjustment disorder. 

People with above-threshold injuries may be eligible for lump sum compensation, treatment, care, and weekly payments.

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