By Matthew Fuss, Partner in Personal Injury Claims at Andersons Solicitors
In South Australia, only a quarter of people claiming compensation after being injured in a car crash are represented by a lawyer. Most people accept settlement offers from insurers with no independent advice and without knowing their potential full rights or entitlements.
The issue with this is that claimants are often not receiving the full compensation they are entitled to. It’s important to note that once a settlement has been finalised, there is no ability to claim an entitlement to more compensation at a later date.
As an injured person, you have one chance to ensure your entitlements to compensation are fully explored, and that you receive everything you are entitled to. This is why seeing an experienced personal injury lawyer and getting personalised advice can help.
Here are a few things you should know if you need to make a car accident compensation claim.
What can I be compensated for?
The types of compensation you can seek include pain and suffering and loss of enjoyment of life, past and future care, past and future loss of earning capacity, loss of superannuation and past and future medical expenses including medication and travel. Your partner or spouse may also have a claim for the impact your injuries have had on them and your relationship.
The claim’s worth depends on the extent the injuries impact your ability to undertake work and daily tasks. This may include working reduced hours or lighter duties, an inability to lift and carry heavy objects such as shopping bags or being unable to clean or garden. The losses can be due to the physical and/or mental effects of the injuries.
How do I make a claim?
The claim should be lodged with the third-party insurer of the responsible driver within six months of the accident. The claim must be filed in the relevant court within three years from the date of the crash. You will also need to:
- Obtain the drivers name and registration number.
- Report the accident to police as soon as possible.
- Contact the CTP Regulator or visit their website to find out who insures the vehicle being driven by the person at fault.
- Visit your doctor to report and record all your injuries and request a CTP insurance claim medical certificate, which is required as part of the claim form.
- Keep records of the accident, any witnesses, any expenses incurred and assistance required.
Why should you see a lawyer?
Andersons offers a free, no obligation first interview, which lasts about 30 minutes. The purpose of the meeting is to understand your personal situation, provide you with details of the process and expected costs.
From here, you can make an informed decision about how to proceed with no obligation to engage the lawyer after that initial meeting. As the meeting is free, you really have nothing to lose.
To find out more information, or to speak with Matthew Fuss or one of Andersons’ Personal Injury Lawyers visit andersons.com.au or call.