You might think, “No, that’ll never be me” when it comes to car accidents, but the reality is that it very well could be. And while we may not be able to stop it from happening, what we can do is control the aftermath.
While thousands of people are involved in motor vehicle accidents every year, many of us don’t realise how following the right steps after an accident can help dramatically with your future income and hospital bills. Regardless of whether you’ve been rear-ended or in a major collision, it will most likely entail a car accident injury claim for damages.
While not all car accidents are alike, there are certain things to keep in mind to ensure you receive proper financial compensation for your motor vehicle accident claims.
At the scene of the accident, follow these four steps
Surprisingly, many people are stoic, assume they are fine, record wrong details and then suffer whiplash and other undiagnosed-at-the-time injuries.
So while these four steps may seem basic, they are critical!
- First of all, check the safety of all the individuals involved in the motor vehicle crash. If anyone has suffered injuries, call the police and ambulance immediately.
- Personal injuries can happen even in the simplest accidents. It’s important to ensure that any pain or visible car accident injuries are recorded by a recognised medical practitioner.
- Regardless of any apparent injury, call the police and ask for an officer to be present at the scene to record the accident. Having a police accident report is extremely important in assessing which driver is at fault.
Make sure you get the name, address, mobile, email, driver’s licence number, the vehicle’s registration number and car insurance policy information of all the drivers involved. It’s important to remember that if there’s more than one driver involved, you need to collect this information for each party.
You should also gather the names and contact details of any other person involved as witnesses. If there was more than one person who witnessed how the accident happened, it’s important to get independent eyewitness accounts from as many as you can. Witness statements can be vital when making a not at fault claim, especially if the other driver’s insurer disputes liability.
Notes, Photographs and videos can really help your Car Accident Injury Claim
Most of us have smartphones so it’s wise to add our number (1800 958 498) to your contacts in case of an accident so you can call us for information on car accident claims or chat live with us.
And, of course, smartphones are great to use to record audio or video or take notes of the accident scene, so we recommend Google Keep, an app on Android and iOs.
Google Keep is free, simple to use and can record audio, store pictures, take notes and more. Some other tips for your motor vehicle accident claim below you should note:
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Videos are great, (turn your phone to landscape, not portrait) but you can also take photographs at the scene, the more the better!
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You should include photos of all the vehicles involved, location of the traffic signal lights, and any other obvious evidence such as debris and skid marks, poor lighting, road markings etc.
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You can also take note of the weather and road conditions at the time of the accident, and again take any photos that may help.
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You should also ask police attending the scene for their police report number. This will be crucial when you make a claim or dispute fault with an insurance company.
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Lastly, it is better if you avoid taking any statements from any witnesses who appear to be supporting the other driver involved, as these could be used against you in the future.
Your supportive photographic and video evidence will play a crucial role in strengthening your motor vehicle accident claim.
What happens once you have gathered your evidence? Navigating the complexities of filing a compensation claim can be complex. You need to gain the right legal advice according to your motor vehicle crash. The Personal Injury Lawyers are here to help your car crash injury claim to make the best use of the information you have gathered.
Seeking medical attention
It is obvious, but it is very important that you seek medical treatment without delay after being injured — even if you have minor injuries or suffered psychological injuries after the car crash.
You should inform your attending physician that you were involved in a traffic accident, and you should also follow through on all the prescribed medication and treatment.
It is important that you take care to report all of your injuries to the doctor, no matter how minor they may seem. Failing to report or seek treatment for an injury immediately can cause major problems later on, for example, when seeking compensation for a whiplash injury, where injuries were not immediately reported.
If the symptoms you’re experiencing do not seem to be resolving, and your doctor does not seem to be investigating them sufficiently, do not hesitate to seek a second opinion. It is also recommended that you keep a journal of any pain and symptoms, medications you have taken, and treatments undertaken.
All medical treatment should be documented – particularly for not at fault car accident claims where you’re seeking to claim compensation for expenses and suffering. The success of your claim will depend heavily on a comprehensive medical record detailing eligible serious personal injuries. This record should detail your injuries and how they relate to the accident, how they have impacted your life and everyday activities, and most importantly, how it has impacted your employment.
Contact a personal injury lawyer
One of the most important steps following a motor vehicle accident is to seek legal advice. Contact us at The Personal Injury Lawyers. This is so we can immediately take steps to lodge your car accident claim form, and to ensure your personal injury claim is protected. We are experienced in assisting clients with personal injury claims and have a wealth of knowledge and experience regarding a car accident injury claim. Our lawyers will explain how to claim insurance for a car accident, including what to expect from both your CTP insurer and the other driver’s insurer if you weren’t at fault.
Commencing a car accident claim will also assist with your medical expenses. Once claim forms have been lodged, the insurer has an obligation under the relevant legislation to meet your reasonable treatment and rehabilitation costs.
Hiring The Personal Injury Lawyers, who are experienced car accident lawyers in Queensland, will ease the burden of finding all the relevant facts about your motor vehicle accident case. Our highly experienced lawyers will gather evidence, deal with insurers for the other cars involved, and pursue the full compensation you’re entitled to under your car insurance claim.
Our expert car accident lawyers will gather the necessary evidence and draft thorough demands for your car accident compensation claim.
Dealing with insurers
In relation to property damage to your own car or motor vehicle, this is a separate car accident insurance claim to your claim for a motor vehicle accident injury claim. When it comes to how to claim insurance for car damage, you’ll need to determine whether your policy includes property cover, or whether the other party’s insurer is liable to pay.
Insurance that covers car repairs or property damage is called “comprehensive insurance” – also referred to as “car cover”. Insurance that covers personal injury sustained in an accident is termed “CTP insurance” or Compulsory Third Party Insurance. Quite often a vehicle’s comprehensive insurer is different to the CTP insurer.
If the other driver’s insurance provider is disputing fault, you may need to escalate the issue to the Australian Financial Complaints Authority (AFCA) for resolution.
Claim under your or the other vehicle’s comprehensive insurance
Many people aren’t sure how to claim insurance after an accident, especially when they weren’t at fault or multiple drivers were involved. If you wish to claim under your or the other vehicle’s comprehensive insurance, you need to contact your comprehensive car insurance company immediately after the accident.
Inform them that you were involved in a car accident so they can assign you a claim number and an adjuster to handle all aspects of your car accident personal injury claim.
You will need to provide your insurer with as much information about the accident as you can. Providing details of supportive witnesses is also important, insurance details of any other drivers involved, and you may be asked to make a recorded statement of your version of the events.
You may need to contact the other driver’s insurance company directly – especially if you were in a not at fault claim situation and your vehicle requires repairs or you need a replacement vehicle. If the other party refuses to pay damages, you may need legal help to recover your costs.
Hiring a lawyer will maximise your compensation claim
It can be difficult to deal with insurers about car accident insurance claims. Facing the task of providing all the required evidence and legal documentation to support your case can be hugely time-consuming. Gathering all of the necessary medical evidence and expert evidence required to ensure you are successful in your claim can also be very overwhelming.
With The Personal Injury Lawyers, we help lighten this load for you. Our experienced motor vehicle accident lawyers help gather and collect the relevant documents for you and assist you in filing the claim. Why do we do this? Because having all the right documents and completing forms correctly will help to maximise your claim. Every piece of information is important to your claim, and we want to make sure you have everything you need to get the best possible outcome. This includes navigating legal costs, negotiating fair outcomes, and avoiding early full and final settlement offers that may not reflect your actual losses.
With legal support, claiming car accident insurance becomes less overwhelming, especially when gathering evidence to support your compensation claim.
What does the Insurance company do when I’ve had a car accident?
The insurance company will appoint someone to evaluate the damage to your vehicle, or you may be required to organise your own quotes as to the damage repair costs. If you’re not at fault and the other party is responsible for the accident, you may be entitled to reimbursement of hire car costs, towing costs, or even a replacement vehicle.
If you’re wondering how to claim insurance when not at fault, you may need to deal with the other party’s insurer directly, but only once liability has been clearly established. Depending on your CTP insurance claim policy, you may be provided with a rental car, or you may be able to seek reimbursement from the at-fault party at a later time.
If you do not have comprehensive insurance to cover your car repair costs, then you will need to make demands for payment of your repair costs to the party at fault, or their comprehensive insurer. Or, if it’s unrepairable and needs to be written off, replacement of your vehicle.
Your financial situation may also influence how quickly you’re able to respond after a crash, such as accessing a hire car or paying for temporary transport. If you’re not at fault, these out-of-pocket costs can often be recovered from the other driver’s insurer.
Let The Personal Injury Lawyers manage your motor accident injury claim
Of course, if you have engaged The Personal Injury Lawyers to manage your not at fault accident claim, then we will look after this for you.
If you do take these steps yourself, then you need to be careful when dealing with the at-fault driver’s insurer, and in particular, in providing details of how the accident occurred.
You need to ensure that there is no confusion or question as to who was at fault for the accident. This is why hiring a Queensland car accident lawyer is so important to the outcome of your insurance claim.
We also deal with cases involving uninsured drivers, where the financial hardship of covering towing costs, repairs or a replacement car can be significant, especially when you’re clearly not responsible for the accident.
If you’re in Queensland and unsure how to claim against someone’s car insurance, we’ll deal with the insurer on your behalf and help protect your legal rights. Our team can help you understand exactly how to claim car insurance – whether you’re dealing with car damage, injury, or an uncooperative insurer.
Claims Have Time Limits
In Queensland, strict time limits apply when making road accident compensation claims. So waiting too long can mean you will not be able to get any compensation at all.
Sadly, many come to us and leave it too late, missing out on help for rehabilitation, medication, and compensation for time off work and ongoing care, so please don’t wait to get the right legal advice.
If you have been injured as a result of any vehicle such as car, truck, motorbike or boat accident, whilst at work, on holiday, or in any other situation you believe was caused by someone else’s wrongful act or contributory negligence, you may be entitled to personal injury compensation.
Even if you think your actions may have contributed to your injury, you may still have a claim well worth pursuing, just chat, call, email, or let us assess your claim, just press the button below, there is no cost, and no obligation to review your case.
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