Car Accident Solicitors - Injury Compensation Claim Lawyers

When you’re involved in a vehicle collision it’s important to make sure that you take proper advice from a firm of car accident solicitors on motor accident compensation claims. It doesn’t matter if you’re the driver, a passenger or a pedestrian your rights and your interests are equally important. Legal protection for the right to claim damages for personal injury from a negligent third party is universal and each one of us has the right to make a motor accident claim to recover compensation for loss.

An experienced car accident solicitor will be able to give you the information, advice and assistance that you need. You will receive an assessment with regards to your chances of winning a potential personal injury case and will be given an approximation of the value of your potential claim. It must however be remembered that the accuracy of the assessment will only be as good as the information that is provided.

A solicitor can help you to make a claim for compensation for personal injury regardless of whether you were the driver of a car, a passenger or a pedestrian. If you have been injured and you were not to blame for the accident or only partially to blame then you are eligible to make a claim for compensation. It doesn't matter if the person who caused the accident was your driver, is a close family member, is uninsured or you were the unfortunate victim of a hit and run accident you can still get compensation.

Car Accident Compensation

The value of an award in a personal injury claim is assessed by a judge if agreement cannot be reached between the parties concerned or more usually by their lawyers or insurers. The amount of the award is estimated based on previously decided cases tempered by the judges own experience as a lawyer.

In addition to compensation for personal injury car accident solicitors can also help you to claim for any out of pocket expenses that you may have incurred due to the accident. These expenses can include repair costs, hire charges, travel expenses, earnings loss, the loss of your vehicle, medical expenses and any miscellaneous but accident related expenses. It is also possible for you to claim for care and assistance that was provided to you because of any injury that you suffered. It does not matter that the assistance was given free by a family member or a friend, it can still be valued and claimed as an expense.

Compensation that may be awarded in a personal injury accident claim is divided into two categories for ease of assessment. The first category is ‘special damages’ which is compensation that can be calculated accurately on a mathematical basis and the second category is ‘general damages’ which is compensation that needs a degree of assessment. In addition there are sub-categories for ‘interest’ which can be claimed at different rates and for different periods dependent on which category applies to the matter in question. In addition there is ‘future losses’ which may be calculable or may need assessment.

The victims of road traffic accidents who suffer personal injury and bear no fault for the cause of the accident have a legal right to claim damages. The importance of being represented by car accident solicitors cannot be overestimated. Experience and academic training enables a lawyer to foresee a range of damages to which the claimant may be eligible, that may not be obvious to a general practice lawyer. Compensation in personal injury claims falls into two main categories known as “special damages” and “general damages” :-

Special Damages represents past and future losses that can be calculated reasonably accurately and do not need to be assessed, which includes the cost of vehicle repairs, general expenses, medications, insurance excess, care costs and loss of income.

General Damages represents compensation for items that a judge must assess which includes pain and suffering for physical and psychological injury together with compensation for compromised ability to function or perform previous daily necessities or recreational activities.

Car accident solicitors may be able to claim some or all of the following items of compensation :-

• loss of income, both past and estimated for the future
• costs of vehicle repairs
• diminished open market value of a repaired vehicle
• interim car hire and other transport costs
• physical and emotional pain and suffering
• loss of amenity of life and loss of lifestyle
• past and future medical expenses
• all other reasonable losses and expenses

Definition of Negligence

It is very clear that the potential for a personal injury accident claim can be found anywhere and at anytime and despite taking the precautions, the chances of meeting with an accident still remain. The only good thing to come out of it is that if you are the victim of an accident and you did not cause it, then there is a chance for you to bring a claim for compensation for personal injury against the negligent third party.

In a personal injury accident claim it is necessary for negligence to be proved in order to establish liability to pay compensation. Negligence is defined as failing to act in a reasonable manner. It can involve doing what a reasonable man would not do or failing to do what a reasonable man would do. It is necessary to show that the third party owed you a duty of care that the duty was breached and that damage causing personal injury or loss ensued.

Duty of Care

As a driver of any vehicle you have a ‘duty of care’ to other road users which means that you must take reasonable care for the safety of other people. If you are involved in a collision it is your duty to stop and exchange details with the other people who are involved. If you or any other person in your vehicle suffered personal injury then you should immediately report the matter to the police and keep the incident number that the police will give you. You should then give this information to your solicitor which will help them in making a motor accident claim for compensation for personal injury and any financial losses that you may have sustained.

Evidence of Negligence

The success of an accident compensation claim usually depends on the evidence put forward by a car accident solicitor. Rapid Solicitors recommend that you make a detailed record of every relevant fact relating to the incident. In most jurisdictions, in order to succeed in an accident compensation claim, it must be proved that the accident was caused by the negligence of another person. In some jurisdictions there is a non-fault compensation scheme in operation. Most claims are settled by agreement however if not, legal proceedings must be issued in a court of law within three years of the date of the accident or the opportunity to claim compensation may be lost forever. There are some exceptions to this general rule.

Time Limits

All personal injury compensation claims in Australia are subject to time limits. A compensation claim must be either settled or legal proceedings must have been issued in a court of law within three years of the incident that caused the injury or within three three years of the injury being diagnosed if it was not obvious at the time of the incident. There are exceptions for minors and the mentally disabled. For those who were minors at the time the injury was sustained, time does not start running until the 18th birthday expiring on the eve of the 21st birthday. Time does not run against those with a mental disability until full mental capacity has been regained. There are other exceptions to the general rule and judges have a wide, but rarely exercised discretion to alter, amend or change the time limits if the situation demands intervention. There may be certain isolated local variations of limitation periods dependant on particular circumstances in areas where our solicitors operate including Adelaide SA, Canberra ACT, Melbourne VIC, Sydney NSW and Perth WA thereby making it essential that you obtain advice from a solicitor practising in the locale. In addition limitation periods may be restricted in some unusual circumstances often dependant on the identity of the proposed defendant making it essential that you obtain advice as soon as possible after the incident that caused the injury.

Vehicle Repair

As the driver of a vehicle, your priority will usually be to make sure that your vehicle is repaired swiftly so that you can get back on the road as quickly as possible, prior to considering a motor accident compensation claim. If your vehicle is totally destroyed and is written off by the insurers then you can expect to be compensated within a few weeks provided that there is no dispute in regards to liability for the accident. If your car is repaired you can also often claim further compensation for loss of value on the open market as a repaired vehicle is worth less than a vehicle in original condition.

Hire Car

If you are insured on a fully comprehensive basis and initially make a car accident claim on your own policy then your insurers will deduct any agreed excess from the sum paid to you however our motor accident claim solicitors can usually re-claim this deduction from the negligent third party or their insurers. A number of insurance companies provide courtesy cars while your vehicle is being repaired. If your insurance company does not offer this service then you can hire a similar car and claim the cost from the third party. Other vehicle expenses that can be claimed include storage and recovery charges or any other reasonably incurred costs or charges.

Third Party Insurance

If you only have third party insurance then you can only claim for repairs or replacement if the other driver was the one at fault for the accident. If you were to blame then your third party insurance does not cover your losses however it does cover injury to any passenger or party other than the driver who can make a motor accident compensation claim against you which will be indemnified by your third party insurers.

Medical Evidence

If you do suffer any injuries as a result of a collision that was not wholly your fault then prior to making a motor accident injury claim you need to get you get your medical condition well documented and you should seek immediate medical advice from the emergency room of your local hospital and/or your own local doctor. It doesn’t matter if your injuries are relatively minor, the rule of thumb here is that it is better to be safe than sorry and arrange to be examined. If the doctor prescribes any medicine to you and you are required to pay for your medication then keep the receipt as proof of your expenses.

Drivers Passengers & Pedestrians

Car accident solicitors can help you to make a claim for compensation for personal injury regardless of whether you were the driver of the vehicle, a passenger or a pedestrian. If you have been injured and you were not to blame for the accident or only partially to blame then you are eligible to make a claim for compensation. It doesn’t matter if the person who caused the accident was your driver, is a close family member, is uninsured or you were the unfortunate victim of a hit and run accident you can still get compensation.

Car Accident Solicitors Australia

Each particular incident possesses its own unique set of circumstances and facts. The issue of determining in advance whether or not a specific case will succeed is very subjective. The ability of a lawyer to swiftly and accurately determine if a claim for personal injury compensation will succeed depends on that particular solicitors ability and experience as much as the facts of the case. You should contact a solicitor who is best qualified to help you rather than the hit and miss method of dropping in on your local high street solicitor who may or may not have the requisite experience and expertise. There are many law firms that specialise in the field of personal injury compensation claims that do nothing else.

Experienced car accident solicitors will be able to give you the information, advice and assistance that you need. You will receive an assessment with regards to your chances of winning a potential personal injury case and will be given an approximation of the value of your potential claim. It must however be remembered that the accuracy of the assessment will only be as good as the information that is provided. Our lawyers offer the no win no fee scheme and will give advice at no cost and without any further obligation. If you would like to speak to a qualified solicitor just use the helpline or email our offices.

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The author of the substantive medical writing on this website is Dr. Christine Traxler MD whose biography can be read here