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The laws covering the compensation entitlements arising from a motor vehicle accident are different in all the States and Territories of Australia. CTP Insurance is compulsory in all States and Territories; but the entitlements are different under each of the individual State and Territory schemes. This article provides a list of seven steps that you should take to make sure that you receive your full compensation entitlements following a motor vehicle accident. Firstly, if you are involved in a motor vehicle accident in which someone is injured, by law you must report the incident to the police - even if the incident seems minor. In addition, you must report the incident to the police before lodging a compensation claim in relation to the motor vehicle accident, even if nobody was injured. There are time limits that apply to lodging a report with the police. This is typically 28 days but this can be extended in extenuating circumstances. At the location where the accident occurred, you need to ensure that you obtain all the relevant details of the other party / s involved. This should include names, addresses, registration numbers, CTP Insurance details, and third-party insurance details. If the accident was witnessed by any independent people it would greatly assist to obtain their names and addresses in case liability for the accident is disputed - along with photographs of the vehicle positions, damage, skid marks, etc. If you suffer a significant injury it may not be possible to obtain all the relevant information. However in such circumstances the police will clearly attend and the police report should supply all the necessary details and information. If you are injured you should immediately seek medical assistance and advice on the injury suffered. Sometimes you may not be immediately aware that an injury has been sustained because of the shock involved and also injuries such as whiplash regularly are not immediately evident. However as soon as you are aware of a pain or injury you should seek medical advice. If you wish to pursue a compensation claim for an injury suffered the injury must be documented with a medical practitioner and treatment sought. If this does not occur and / or the treatment recommended is not undertaken or ignored this will seriously affect both your ability to claim and also the extent of any claim being made. Keep a diary of how you feel each and every day, what treatment is sought or undertaken, and what costs are incurred. Try to document each and every step. Any treatment cost you may wish to claim an invoice or account will be required, also a diary showing how you daily life is affected will assist in quantifying the compensation claim. Report the matter to the CTP insurer of the person responsible for the accident as soon as possible. There are strict time limits that apply to reporting compensation claims, which vary from State to State, so act ASAP to ensure you cover yourself. Seek legal advice on your position and possible compensation entitlements ASAP. You should seek legal advice from a specialist personal injury lawyer as to your entitlements. Lawyers are somewhat like doctors, in that there are general practitioners, who handle 'day to day' matters and enquiries and then there are specialists to handle the more serious and complicated matters. You require a specialist to handle your compensation matter as the laws governing insurance claims arising from motor vehicle accidents are complicated and 'high street' solicitors do not have the detailed knowledge necessary to secure the best possible outcome for you. Even if you were the person responsible for the accident, you should still seek legal advice as in some States and Territories you may still have compensation entitlements. Furthermore, you may be entitled to claim worker's compensation if you were travelling to or from or in connection with work when the accident occurred. If you have started negotiating a claim with an insurance company, do not accept any offer until you have received legal advice from an accredited personal injury lawyer. Insurance companies are in business to make money and will try to limit compensation payouts to the minimum that they can get away with. Indeed, their staff may actively discourage you from seeking independent legal advice, warning about the costs and time associated with consulting a lawyer. However, this is because they are aware that any lawyer 'worth their salt' will ensure the insurance company pays the amount that they should by law. Always remember that once you accept an offer from an insurance company, 'as a rule' this will be the end of the matter even if you later learn that you have been underpaid. Therefore you must ensure your compensation entitlements are fully protected. Following the simple steps described in this article will help you to ensure that you receive your full compensation entitlements claim if you have a motor vehicle accident in Australia. Legal Injury provides expert advice on all matters relating to motor vehicle accident compensation claims in Australia. Our personal injury lawyers provide their services to Australian residents on No Win No Fee basis.
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