How to claim compensation for a car accident injury

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 compensation for motor vehicle accident claims.

At the scene of the accident, follow these four steps

Surprisingly many people are stoic, assume they are fine and 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!

  1. First of all, check the safety of all the individuals involved, and if anyone appears to be injured, call the police and ambulance immediately.

  2. Injuries can happen even in the simplest accidents, but it’s important to ensure that any pain or visible injuries are recorded by a recognised medical practitioner.  

  3. 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 report is extremely important in assessing which driver is at fault.

  4. Make sure you get the name, address, mobile, email, driver’s license number, vehicle registration and insurance information of all the drivers involved. You should also gather the names and contact details of any witnesses.

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 or chat live with us. 

And of course smartphones are great to use to record audio, or video or take notes, 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 below you should note:

  • Videos are great, (turn your phone to landscape, not portrait) but you can also take photographs at the scene, the more the better!

  • 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.

  • 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.

  • 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.

Seeking medical attention

It is obvious, but it is very important that you seek medical treatment without delay after being injured on the road — even if your injuries seem minor.

You should inform your attending physician that you were involved in a car 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.

The success of your car accident injury claim will depend heavily on a comprehensive medical record. 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 contact us at The Personal Injury Lawyers. This is so we can immediately take steps to lodge your car accident claim, 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 car accident injury claims.

Commencing a car accident claim will also assist with your treatment expenses. Once your claim is 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 the case.

We will gather the necessary evidence and draft thorough demands for your car accident personal injury claim.

Dealing with insurers

In relation to property damage to your motor vehicle, this is a separate car accident insurance claim to your claim for personal injury sustained in the accident.

Insurance that covers car repairs or property damage is called “comprehensive insurance”. 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.

Claim under your or the other vehicle’s comprehensive insurance

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, and you may be asked to make a recorded statement of your version of the events.

Hiring a lawyer will maximise your compensation claim

It can be difficult to deal with insurers about your car accident injury claim. 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 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.

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.

Depending on your insurance 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.

Let The Personal Injury Lawyers manage your motor accident injury claim

Of course, if you have engaged The Personal Injury Lawyers to manage your motor vehicle accident injury 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 car accident lawyer is so important to the outcome of your insurance claim.

 Claims Have Time Limits

There is only a small window in which you can make compensation claims in Queensland, 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.

If you have been injured as a result of any vehicle such as carbike or boat accident, whilst at work, on holiday, or in any other situation you believe was caused by someone else’s wrongful act or 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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