Car Accident Case - Everything You Need To Know

If you are a victim of a car accident case in ACT, understand that you are not alone, and a Canberra car accident solicitor can represent your case. Moreover, it is crucial that you have sufficient information about the motor vehicle accident compensation claim process. It ensures that you have the information and legal advice you need to make the right decision for yourself.

If you suffer an injury from a motor vehicle accident in the ACT, you may be able to claim compensation for loss of wages, medical expenses, and your pain and suffering. However, there are a few important factors to consider. In every case, whether your injuries are minor or fatal or when you’re dealing with an insurer for compensation, we always recommend reaching out to an experienced lawyer to seek legal advice that can build your case.

Making a compensation claim for a car accident case

In many cases, car accident claims can be complex, so you might not always know what you’re entitled to. Hence, talking to your insurer and lawyer clears any confusions and helps you decide your next legal steps.

Whether you are a driver, passenger, or pedestrian, if you suffer any injuries in a car accident that wasn’t your fault, you can claim compensation. The amount of financial compensation and what it may cover will vary for each case. However, in most cases, it covers all medical costs for your injuries and may also include lost wages, etc.

In such cases, it is crucial that you file a claim as soon as possible, especially if you have serious injuries. According to the ACT law, you must file a claim within 13 weeks of the date of the accident. Additionally, if you file a claim after this time limit, then you must provide a reasonable excuse to justify the delay. However, there is no guarantee that the insurer will accept your claim.

Your liability depends on whether you were at fault or not at the time of the accident. In such cases. However, in either case, the law requires the parties involved to report the collision to the police within 24 hours.

Also Read: Motor Vehicle Accident – How to Claim Compensation in Canberra

Here’s what you should do if you are involved in a car accident case

If you are driving and encounter an unpredictable car accident, you must stop and determine if someone was injured, in which case you must contact an ambulance or the Police. However, in ACT, the Police will not attend accidents unless there are serious injuries or the motor vehicles require towing.

After that, you and the other driver or pedestrian must exchange details, including names, addresses, and vehicle registration numbers. However, do not admit any liability for the incident or enter into any relevant negotiations without communicating the situation with your lawyer or insurance provider.

It is a good idea to take a picture of the accident and identify any possible witnesses to take their contact information. Moreover, contact your insurance company to lodge a claim and get legal advice as soon as possible. In the case that your car isn’t insured and you believe the other driver was at fault, you can send them a letter of demand to request payment.

In such cases, the recipient must respond to the letter within 28 days, or else the matter may reach to Court. However, it is usually best if the two parties reach an agreement through negotiation or a mediator to avoid the cost of litigation.

In the case that negotiations fail, you can file a claim in the ACT Civil and Administrative Tribunal (ACAT) if your claim is under $25,000. However, if it exceeds the given amount, then you should bring your claim to the ACT Magistrates Court.

Also Read: Letter of Demand – How to Get Your Money Back Legally

Failing to stop and give particulars after a car accident

If you fail to stop at the scene of a car accident and give your personal details to the person involved in the crash, or injured, then it is an offense. In such cases, the other party can contact the Police, especially if you are under the influence of drugs or alcohol at the time of the accident.

Hit and Run accidents

car accident case

A car accident is undoubtedly a stressful experience, which is further worsened when you can’t identify the vehicle or driver responsible for the accident. And due to the vulnerable nature of hit-and-run victims, there are different schemes to ensure that they are able to receive compensation for the injuries and damages that arise from hit-and-run accident cases.

A hit-and-run accident occurs when a motor vehicle hits another motor vehicle or pedestrian and flees the scene of the accident. In the ACT, drivers are required to stop and offer assistance to the other parties. They must provide their details, including vehicle registration numbers, which don’t occur in hit-and-run accident cases. Hence, there is a lack of accountability in such cases.

Commonly, reasons for fleeing the scene of the accident include driving under the influence of alcohol or drugs, unlicensed driving, or drivers fearing the legal and financial consequences of the accident.

A hit-and-run case can be traumatic, especially if you have to deal with the consequences alone. Hence, it is crucial that you attend to your injuries first and seek medical attention. Moreover, you should gather as many details as possible including the contact details of any witnesses. Report the accident to the Police immediately and give as many details as you can regarding the car that hit you.

If you were somehow able to obtain the registration number of the vehicle that hit you, then you must contact the State Insurance Regulatory Authority, who can use this number to track down further details, which include the driver’s name and their Compulsory Third Party (CTP) insurer.

Identification of the driver responsible for the accident

If they are successful in obtaining relevant details, you can send a car compensation claim directly to their CTP insurer for any injuries and damages. The CTP scheme covers any drivers, pedestrians, or passengers injured in a car accident.

However, even if you can’t identify the liable driver, you may find enough witnesses and evidence for the police to identify the driver after further investigation. Unfortunately, there are cases where some hit-and-run victims might not have enough information to track down the driver, which can make this process of filing a personal injury claim even more difficult.

However, you can still claim for personal injuries even if the identity of the liable driver is unknown. Claiming for a hit-and-run case is a Nominal Defendant Claim which goes directly to the State Insurance Regulatory Authority. They will allocate you a CTP insurer who will manage your claim and pay for any compensations in successful claims. However, you must file the claim within six months from the date of the hit-and-run accident.

Types of claims

Usually, there are three types of common claims. The first is early benefits to cover any medical costs. Before the complexities of determining fault in the accident, you can apply for early benefits to claim compensation to cover medical expenses. In such cases, you can get up to $5000. However, you must file the claim within 30 working days from the date of the accident.

In many cases, the money from the early benefits doesn’t cover the treatment you may require long-term. If you have more severe medical costs or lost wages after the accident. Hence, you can file a personal injury compensation claim to cover past expenses and future costs as well. In such cases, you can seek medical advice from an experienced lawyer and have them represent your case in Court.

The third type of claim is when you’re the at-fault driver. In the ACT, insurers may cover the medical expenses of the driver responsible for the car accident. However, it is important to note that every insurer handles the case differently, which is why you must discuss your case with your lawyer and insurer before taking any major steps.

Talk to a United Legal lawyer today

Whether it’s a hit-and-run case or any other car accident case, such events can be extremely stressful and traumatic, especially with injuries involved. Moreover, many times, the driver responsible may either try to flee the scene of the accident or deny responsibility for their actions, which can make it harder to claim compensation.

However, at United Legal, we encourage you to focus on your well-being while fighting for your legal rights. In such cases, it is crucial that you seek necessary medical attention and take the right steps to claim compensation for your pain and medical expenses, along with any damage to property.

Hence, we take care of the legal issues while you prioritize your physical and mental health after a traumatic event. Our team of experienced lawyers discuss your case in detail to ensure that you’re aware of your legal rights while we take the necessary steps and gather the relevant documents to demand maximum compensation for your case.

Contact one of our lawyers today.