According to the Australian Institute of Health and Welfare (AIHW), an alarming number of approximately 70,000 Australians are injured and hospitalised each year due to motor vehicle accidents. This statistic highlights the pressing need for legal assistance to help you secure the compensation necessary for your financial stability during the recovery process and beyond for the ones who lost their ability to work. However, not everyone is familiar with the legal terminology surrounding these claims. On internet hundreds of Australians search for “traffic accident claims” even though the conventional term is “motor vehicle accident claims”.
At Withstand Lawyers, we prioritise our clients and aim to assist as many traffic accident clients as we can by providing understandable information and representation. So, as an experienced traffic accident lawyer, I will explain the eligibility, compensations entitlements, and how we can help you claim them on a No Win No Fee basis for traffic accident claims using the language that is easy for you to understand.
Traffic Accident Claim Eligibility
A traffic accident claim, also commonly referred to as a motor vehicle accident claim, is what you do when you have been injured in a motor vehicle accident and seek to claim compensation for your injuries.
A road accident claim includes collisions between:
It also includes incidents on public roads, highways, or private property where motor vehicles are involved. Regardless of the specific circumstances, the purpose of a traffic accident claim is to hold the mostly at-fault party accountable and obtain compensation for the physical, emotional, and/or financial hardships suffered because of that accident.
When making a traffic accident claim, it is crucial to establish liability and prove that the other party’s negligence or recklessness caused the accident and resulting injuries. This involves gathering evidence such as:
- Accident reports
- Eyewitness testimonies
- Medical records
- Photographs
- And any other relevant documentation that supports your claim.
Working with our experienced lawyers for your motor vehicle accident can increase your chances of having liability admitted and maximising on your compensation entitlement in the most efficient way.
Traffic Accident Compensations: What Are You Entitled To?
After a motor vehicle accident you may be entitled to the followings:
- Medical Expenses: The at fault vehicle insurer can cover all reasonably necessary and medical expenses on your behalf so you are not out of pocket. This includes costs related to hospital stays, surgeries, doctor visits, medications, rehabilitation, physical therapy, and any other medical treatments or procedures necessitated by your injuries.
- Lost Wages and Income: If the injuries sustained in the traffic accident have prevented you from working or resulted in a loss of income, you may be entitled to benefits for the wages you would have earned during the recovery period.
- Lump sum Payout: This includes not only the immediate impact on your ability to work but also any long-term effects on your earning capacity due to what disabilities or limitations you may suffer because of the accident. To be entitled to the lump sum payouts your injuries must be “not threshold injuries”. So, for physical injuries, for example, would be injuries that include complete or partial rupture of tendons, teas, nerve damage, ligaments, meniscus or cartilage, fractures, and permanent scarring. For psychological injuries an injury that is not a threshold injury is Post-Traumatic Stress Disorder (PTSD) or Major Depressive Disorder. To find out whether you are eligible for a lump sum payout contact us.
- Pain and Suffering: Beyond the financial losses, you may be entitled to compensation for the physical pain and emotional suffering caused by the motor accident. Pain and suffering compensation aims to compensate you for the physical discomfort, mental anguish, emotional distress, loss of enjoyment of life, and other non-economic damages you have endured. To be entitled to the pain and suffering compensation, your permanent impairment must exceed 10% whole person impairment. To find out whether you are eligible for pain and suffering payout we advise you to contact us.
At Withstand Lawyers, we are dedicated to ensuring you understand your entitlements simply, receive the maximum compensation possible for your traffic accident claim in the most efficient way. Our experienced team of lawyers will assess the specific details of your claim, evaluate the compensations you may be entitled to, and diligently pursue your claim on your behalf. We understand the complexities of determining the value of your claim and will work tirelessly to help you receive the compensations you deserve.
Contact Withstand Lawyers today for a free claim check and let us guide you through the process of seeking the compensations you are entitled to. Remember, our no win no fee policy means you can pursue your claim without worrying about upfront costs or fees.
How to Make a Motor Vehicle Claim with Withstand Lawyers
Our team of dedicated traffic accident lawyers is here to guide you through every step of the claim process, ensuring that you receive the support and compensation you deserve. In this section, I will outline how you can make a claim with Withstand Lawyers and take advantage of our experience in motor accident claims.
- Free Claim Check: This initial assessment allows us to evaluate the viability of your claim. During the claim check, our experienced motor accident lawyers will review the details of your claim, including the accident circumstances, injuries sustained, and any available evidence. This evaluation will provide you with a clear understanding of your legal rights and options moving forward.
- Consultation with Our Accident Lawyer: Once we have assessed your claim and determined its potential, we will schedule a consultation with one of our traffic accident lawyers. Our lawyers will answer any questions you may have and provide you with personalised advice and guidance tailored to your circumstances.
- Building Your Claim: Once you have decided to proceed with Withstand Lawyers, our team will start building a strong claim on your behalf. This includes gathering evidence, such as accident reports, medical records, witness statements, and any other relevant documentation to account for all your injuries and potential losses.
- Negotiation and Settlement: Withstand Lawyers will engage in negotiations with the at-fault party’s insurance company or legal representatives to seek a fair settlement. Our lawyers have extensive experience in handling road accident claims and are skilled negotiators. We will tirelessly advocate for your rights and fight for the maximum compensation possible.
- Representation: In some cases, if a fair settlement cannot be reached through negotiations, it may be necessary to pursue your claim in the Personal Injury Commission or Court. Withstand Lawyers has a strong team that can represent you effectively regardless of whether informally or formally.
Due to our no win no fee policy you will not pay us out of pocket until you receive your motor vehicle compensation payout. We have motor accident lawyers who serve our clients in both NSW and WA. Contact Withstand Lawyers today!
Frequently Asked Questions About Traffic Accident Claims
What is the time limit to make a claim after a traffic accident?
You have three (3) months to submit your completed Personal Injury Benefits Form and you should have your claim lodged with the Personal Injury Commission within 3 years from the date of the accident, should it not have resolved before. To learn more about motor vehicle accident claim time limits you can read our “How Long After a Car Accident Can You Claim in Australia?” post or better, consult with our lawyers.
How long does a road accident claims process take?
Generally, it takes around 1.5 years. However, the duration of the claims process can vary significantly depending on the complexity of the claim, the severity of the injuries, and the willingness of the parties involved to negotiate. While some claims can be resolved in a matter of months, others may take longer, especially if the claim needs to proceed to court. Working with our motor accident lawyer can help the process be more efficient without comprising on your payout amount.
What is the time limit to make a claim after a traffic accident?
You have three (3) months to submit your completed Personal Injury Benefits Form and you should have your claim lodged with the Personal Injury Commission within 3 years from the date of the accident, should it not have resolved before. To learn more about motor vehicle accident claim time limits you can read our “How Long After a Car Accident Can You Claim in Australia?” post or better, consult with our lawyers.
What are the most common motor accident injuries?
Some of the most common motor accident injuries include:
- Rupture of tendons
- Fractures
- Head and brain injuries
- Spinal cord injuries
- And psychological trauma.
How is fault determined in a traffic accident claim?
Determining fault in a traffic accident claim can be easy if the accident was straight forward such as being rear ended etc. However, it can get complicated if the other party disputes it was their fault. Here is where having witnesses or evidence of the accident not being your fault can sway the success of your eligibility for a payout given its eligibility is based on you not being mostly at fault. Our experienced motor vehicle accident lawyers can help you to establish fault of the other party.
What happened if I was partially at fault?
You could still be entitled to compensation benefits and a payout if you were not mostly at fault. For example, I have acted for clients who were struck after crossing a road by a vehicle. They were still entitled to compensation benefits and a payout because they were considered not mostly at fault. The amount of compensation was reduced by the amount they contributed to the accident. In that example they were found to have contributed 30% of the accident because they should not have crossed until it was safe to do so. They received $400,0000 minus 30% due to their contribution. If you were found to be at least mostly at fault in the motor accident, your entitlements are limited to benefits for up to 52 weeks.
Will I have to go to court for my traffic accident claim?
Probably not. Most of the claims are solved by negotiations with the insurer of the at fault vehicle. If a fair settlement cannot be reached, it may be necessary to proceed to the Personal Injury Commission or Court to have it determined. Having our lawyers by your side ensures that you are prepared for all eventualities and that your rights are protected, whether through negotiation or representation.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
