Experts in smash repair compensation claims in Brisbane, the Gold Coast, QLD, Canberra and the ACT
If you’ve suffered an injury due to the negligent act or omission of another, we can likely help.
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Frequently asked questions about smash repair injury compensation claims
Obviously, the more serious concern will always be any injury arising from an accident, however, when an accident causes you injury, the last thing you want to think about is dealing with insurers and other drivers to recover the costs of repair or replacement of your vehicle.
This is where we can help.
The Personal Injury Lawyers are experts in motor accident claims and can step in to help you with both your claim for injury compensation and recovery of the repair or replacement costs of your damaged vehicle.
If you have been in a car accident, then you know of the inconvenience that can occur when your motor vehicle is damaged. To note, there a number of critical steps to take when injured in a car accident.
Additionally, after an accident, the stress alone is increased where the party at fault has no insurance or will not admit blame.
Whether your vehicle is repairable after an accident or is a write off, the stress that can be involved in getting your car repaired or replaced, can be quite overwhelming, particularly where you are recovering from injuries involved in a traffic accident.
You will need to obtain a quote for the repair of your vehicle. You do not need to obtain more than one repair quote unless the repair costs are disputed.
If you are claiming under your insurance for the repairs, then many car insurance companies require you provide them with at least 2 quotes for repair costs, and some have their own assessment centres and panel of Smash Repairers who you are required to use to repair your vehicle under the terms of your insurance.
If the other party involved in the accident has accident insurance however, then you are not bound to use your insurer’s Panel Beaters or Smash Repairers.
There are 3 types of car accident insurance;
- Compulsory Third Party Insurance, more commonly known as “CTP insurance”, which is part of your vehicle registration and covers injury caused to others,
- Comprehensive Car Insurance, which covers the damage caused to vehicles in an accident including your own vehicle, and finally,
- Third Party Insurance, where the vehicle is only insured for damage to other vehicles in an accident.
Most people have Comprehensive Car Insurance that covers the damage costs caused to their own car and other vehicles when involved in an accident.
In such case, when you have an accident all you need to do is put in your claim with your comprehensive insurer and your insurer then handles the claim against the at fault party or their comprehensive insurer, for recovery of repair or replacement costs.
If you have an excess on your comprehensive insurance, and the accident is not your fault, then the excess is to be met by the party at fault and you are not responsible for this.
Yes we can and it is common in some cases that problems can arise when dealing with your comprehensive insurer.
You may feel they are not meeting their obligations under your policy of insurance or they are not paying you enough for your vehicle replacement costs, but we can help you with this.
We will investigate the insurer’s obligations under the terms of your motor vehicle insurance policy and step in to deal with your car accident insurance claim to ensure that you receive all entitlements you have under your policy or from the party who caused the accident.
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The process usually involved in such cases is:
- Firstly you will need to obtain a quote for the repair of your vehicle from a reputable smash repairer or panel beater. You do not need more than one quote unless the costs are disputed. If your vehicle is to be replaced, then you will need to obtain a certificate of the value of the vehicle at the time of the accident and the value of the wreckage as indicated above.
- A claim is then lodged with the at fault party’s comprehensive motor vehicle insurer or third party insurer, or if they do not have insurance, then a letter of demand is sent to the at fault party, seeking the costs of repair or replacement along with the quotation or value certificate and wreckage quote confirming the repair or replacement costs.
- If the insurer or at fault party refuses to meet your demands, then steps will need to be taken to enforce their compliance, via the litigation process.
In the case where the party at fault holds no insurance for damage to other vehicles, then this can be a real problem in recovery of the costs of motor vehicle repairs or replacement. Obviously, if you have comprehensive insurance over your vehicle, then you will be able to recover your repair or replacement costs from your insurer, in accordance with its obligations under your insurance policy. But where you do not hold insurance, then this can be a real concern.
Your demands for payment for your motor vehicle damage may not be met because the negligent driver just does not have the funds to pay for the car repair or replacement costs.
In such cases, litigation to enforce compliance with payment of your repair costs will be necessary, but it will only be viable if the at fault party holds some means of meeting the car repair/replacement costs and the legal costs involved in pursuing recovery of them.
The Personal Injury Lawyers can help you out in such circumstances.
In circumstances where there is disagreement over who caused the accident, then again, this can cause problems with recovery of car repair/replacement costs following a car accident.
In such case you will need the assistance of experts in motor accident claims to help you understand whether any claims that you contributed to the accident occurring are valid or not and, if so, what apportionment of liability is appropriate, as well as what this means to you in recovering the costs of the damage to your motor vehicle.
Often, when a car is written off in a motor vehicle accident, it may still have finance attached to it, that is, the vehicle is still subject to a motor vehicle loan and was in the process of being paid off when the accident occurred. If the outstanding loan and interest at the time of the accident is greater than the value of the vehicle when written off, this can be a problem.
However, there are often insurances attached to motor vehicle finance agreements to deal with this.
If you are in this situation, The Personal Injury Lawyers can look into this for you, and you should not take any steps in agreeing to any write off amount for your vehicle until you speak to us.
This is because investigations may be required to identify whether the shortfall insurance includes any terms and conditions that need to be met before any shortfall is paid out, e.g. whether the shortfall insurer has to be in agreement with any write off amount being paid for the damage to your vehicle.
If you are in a motor vehicle accident, then you may very well have sustained injury. Sometimes injuries are not immediately obvious following an accident but can take days or even weeks to show themselves.
So yes, you should see a doctor about any accident injury, no matter how minor you think it is. If you are involved in a car accident or road accident of any sort, you need to be alert to any pain or discomfort you experience following an accident.
If you do experience any pain or discomfort, no matter how minor it may be, you need to see a doctor about this as soon as possible and report the accident and the pain or discomfort you are experiencing so it is recorded.
Right here. Our experienced team is always ready to help you out.
With over 30 years’ experience, our personal injury compensation specialists support you through every step of the claims process. Chat online with us or on your mobile, email or call us free. We have offices in Brisbane and the Gold Coast, servicing all of Queensland, so no matter where you’re based we can help.
Alternatively fill out our free instant claim assessment form and we’ll get right back to you.
How much compensation did other people get awarded for their injuries?
To help you understand more how much other people were awarded for their compensation claims, (who may have similar injuries to you) we pulled together some helpful, real life compensation claim example case studies.
These include compensation for injury at work as well as car accident injuries and more.
With The Personal Injury Lawyers, your compensation claim is in great hands
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