Someone crashed into you. Your car now needs repairs. The repair bill is sky high. You were also injured then you have to pay for your medical bills. The truth is, if you did not cause the crash, then you deserve to be compensated. We have written this article to talk about how to get you compensated for the car damage and your injuries.
If you would like to know what to do at the scene of the car crash, please take a look at this helpful infographic.
1. Damage to your car (property damage from car crashes)
If your car was damaged in a car crash, you must consider the following:
1.1 What if the at-fault driver has car insurance
If the driver who caused the accident has bought his or her own comprehensive car insurance, then the process will be much easier. You simply need to record all insurance details from the at-fault driver, then contact the insurance company to work out the details of getting your car fixed.
You must contact the insurance company. The insurance company will not reach out to you!
1.1.1 Fixing your car
Normally speaking, insurance companies have their preferred smash repairers. These repairers will began repairing your car immediately, because they may not need approval from the insurance company before repairs can begin. The repairers will send the bill directly to the insurance company, once your car has been repaired.
If you have your own repairer, and you choose not to use a preferred repairer from the insurance company then you will first need to apply for approval. Your repairer must first get their quote approved before the repairs can start. This method can be more time-consuming.
1.1.2 Car rentals (free replacement cars)
It hardly seems fair for you to be inconvenienced because someone else caused a car accident, and your car is now at the mechanics. You are entitled to a free replacement car while your car is being repaired. The insurance company should be providing you with a replacement car that is the similar value as your car.
The only cost you will have to bear is the petrol.
1.2 What if the at-fault driver does not have car insurance, but you have car insurance
If you are covered by your car insurance, then you can make a claim to your insurance company. As the car accident was not your fault, you do not need to pay any excess fees.
Your insurance company will sort out the car repairs and seek all repair and car rental costs from the at-fault driver.
In terms of getting a replacement car, if your insurance policy includes this option, then you can rent a car with ease.
1.3 What if neither the at-fault driver nor you have insurance
This is the most difficult scenario. This means that you will have to recover repair costs directly from the at-fault driver. When seeking costs from an individual, it presents more challenges.
In this case, we recommend this following:
1.3.1 Sending a letter of demand to the at-fault driver
You can personally write this letter, or you can engage Ascent Lawyers to write it for you. You should know that a letter from a lawyer will offer more encouragement for the at fault driver to pay you, because engaging a legal profession demonstrates your determination to recover your costs.
1.3.2 If the at-fault driver did not respond within the time limit stated within the letter of demand, then you should consider going to court
Depending on the amount you want to recover, you can apply to QCAT or a local Magistrates Court. This process can be complex, as such we will not be discussing it here. If you have any questions, please contact us for assistance.
2. Injuries from a car crash
If you were injured in a car accident because of someone else’s fault, you deserve to be compensated. You can make a claim against the at-fault driver’s Compulsory Third Party (CTP) insurance policy.
2.1 What is CTP insurance?
CTP stands for Compulsory Third Party, as the name implies this kind of insurance is mandatory.
When we pay for our car registration every year, the CTP insurance is included.
You should know that making a claim against the at-fault driver’s CTP insurance will not affect his or her insurance premiums in any way. This is because the cost of CTP insurance is determined by the Transportation Department, it will not consider who was responsible.
2.2 What kind of injury allows me to make a claim?
According to the latest data collected by the Motor Accident Insurance Commission from 2020, about 74.6% of all claims were minor in nature.
About 78% of all injuries were related to the spine.
The most common injury is whiplash injury, the symptoms are present in the form of neck pain of different severity.
It can be difficult to recover fully from whiplash. The recovery process might require a long period. This would often exert a negative influence over your daily life.
To learn more about whiplash, please click here.
If you would like to learn more about what happens to your body in a car crash you might also be interested in this article.
In conclusion, we would like to highlight the fact that even if you did not sustain a seemingly serious injury that is easily observable, you can still make a claim.
If you would like to find out whether or not you can make a claim from a car crash, please take a look at this useful infographic.
2.3 How to make a claim against the at-fault driver’s CTP insurance?
You might think that you can deal with this on your own. This process will be easy. I can do some research online. You might find online that you should download a Notice of Accident Claim Form (NOAC) and fill it out, then send it to the insurance company.
What you do not know is that you are missing out on a greater compensation amount and a more organised schedule for recovery.
As compensation lawyers, we have more experience dealing with insurance companies. We have been trained many years to represent you and to fight for you.
It is absolutely vital for you contact us if you were injured in a car accident!
2.4 Do I need to hire a lawyer to represent me?
Take a look at the following information about the insurance claims from car accidents in Queensland.
According to the latest data, between 2017 and 2020, about 75% of people chose to engage a lawyer to act for them in their insurance claim.
It is very common for the insurance companies to use the 3D tactic, that is to deny, delay and defer.
Most people who make a claim lose their motivation to keep up with the claiming process.
Professional lawyers are very familiar with the tactics used by the insurance companies. This is why you must consider contacting us to handle you claim, so all you need to do is rest and recover while we sort everything out for you.
Furthermore, we offer a No Win No Fee cost agreement for all car crash injury cases. This means that once we take on your case, you do not have to bear any upfront costs! You are further protected by the 50/50 rule, so our fees can never be greater than your net compensation!
If you were injured in a car crash and it was not your fault, then you deserve to be compensated.
It does not cost you anything to know where you stand. Contact Ascent Lawyers, your worry-free legal solution.
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Special notice: This article is for informational purposes only and cannot be regarded as legal advice. Please contact us for specific advice tailored to your situation.