Intoxicated and reckless drivers that ignore to obey the necessary traffic rules are the main causes of the majority of the motor vehicle accidents ending up with fatalities and severe injuries. In Australia, victims of such accidents and the dependents of deceased people can retrieve their monetary losses by way of motor accident injury compensation. It is a heart-wrenching situation to lose a beloved family member due to someone else’s recklessness or a standard motor vehicle injury but the compensation may be awarded to financially secure the victim’s dependents’ future.
Motor vehicle owners in Australia should have their vehicles covered with the Compulsory Third-Party Insurance prior to being eligible to register their vehicles. CTP’s purpose is to protect the people suffering injuries and the dependents of the deceased people by way of compensation. As the ‘dependency’ has an overly broad meaning in this situation, it could be considered as financial dependents of the late person. To see if you suit the definition a dependent in this situation, it is advised to request legal support from an accident lawyer.
Compensating for your loss in a motor accident
Compulsory Third-Party Insurance has a sole purpose to compensate for the loss of the people suffering injuries. These injuries might put the person in a position to be off from work and make them lose their income. CTP insurance pays for the medical expenditures and the income loss of the people suffering injuries. These two benefits of CTP payments can be awarded to both parties regardless of the degree of faultiness. However, the person who committed a serious driving offence may not be able to benefit from income support payments and compensation for medical expenses. This includes intoxicated drivers. People that sustain severe injuries and impairment can claim for a lump sum payment.
‘’People suffering impairment may be able to receive lump sum compensation for both their economic losses and pain & suffering. However, for psychological sufferings, the required permanent impairment degree is specified as greater than 10%. Time limitations and entitlements might vary between states. In this case, seek the support of a legal professional.’’
What to do after an accident?
Motor accidents might end up with critical health problems and mortalities. In this case, the accident should be reported to emergency services as soon as possible as an in-depth investigation might be needed. Also, in order to receive back pay, the insurer should be notified within 28 days. In serious health care situations such as impairment and disabilities, your claim should be supported by a large variety of evidence. Many documents demonstrating your injuries and your incapacity such as the certificate of fitness, medical statements and relating to your ongoing treatment should be obtained either by you or your lawyer.
After the accident, the information of the other vehicle and if possible, the personal information of the driver should be exchanged. If the accident was a hit and run accident, you may still claim compensation. The Nominal Insurer established by the state will be responsible to act as an insurer to compensate for your loss.
Be careful to the manipulations, every action you have taken might be used against you at the court even if you act on goodwill. Even a simple apology might be considered as admitting your fault. If you are not at fault, you don’t have to act temperately. But also, prevent acting aggressively. If you are not at fault, your loss is likely to be compensated with a good representation.
Know your rights and understand your entitlements. This is critically important as your future financial safety might be depending on the compensation you may receive. Reject any amount of money privately offered to you to not make a claim. These situations almost never end up in the victim’s favour.
If the other driver accuses you of being as negligent as they are, simply reject any conversation. Let the court decide these situations. If you are being disturbed by anyone to make you withdraw your claim. Seek legal help immediately. You lawyer will handle the situation while you can focus on your treatment.
Do I need a lawyer?
You might believe that lawyers decrease your compensation with their cuts, however, this is incorrect. Most of the time, the individual representations end up with an amount of compensation way below what you may receive. Motor accident compensation lawyers will always act on your behalf to be compensated with the best possible amount. Fair to say, lawyers will earn their cuts by increasing your compensation. Other than that, the process might be wearing and frustrating. You can isolate yourself from the stress of the claiming process while your lawyer handles the situation for you.