Faultless Road Accident
How To Claim Compensation In A Faultless Road Accident In NSW
Even when there is no responsible party for a road accident, if you are a victim, you are still entitled to compensation just like any other road accident. We’ve put together a straightforward guide to help those in need of compensation lodge their claim after a faultless road accident.
When a road accident occurs, there is usually someone to blame for the event. Whether it is a cyclist, pedestrian, fellow driver or even yourself, there is usually someone who is held accountable for the unfortunate event taking place. Although, sometimes there are accidents where blame can’t be placed on anyone in particular as nobody was at fault. So in these cases, who would you seek compensation from?
What Is A Faultless Road Accident?
Often times, road accidents may be no one’s fault in particular, but instead are caused by unavoidable circumstances that leave no driver to blame. Examples of circumstances that are considered faultless road accidents include:
- Accidents caused by collision with an animal
- Accidents caused by vehicle failure
- Accidents caused by a driver suffering from a medical condition (e.g. Heart Attack)
- Accidents caused by a falling tree
Having taken the above situations into consideration, there are other similar scenarios which are not considered faultless accidents, such as:
- If your vehicle failed and caused the accident
- If your own medical condition caused the road accident
- If it was a single vehicle accident in which you were injured
Are You Eligible To Make a Road Accident Compensation Claim?
In New South Wales, all vehicle owners are required to hold Compulsory Third Party insurance. This is put into place so that those injured in a road accident are covered by the CTP scheme. Whether you were injured as a pedestrian, passenger, cyclist or driver, you are entitled to make a claim for any injuries you suffered or death resulting in a faultless road accident.
What kind of Road Accident Claims Are You Entitled To Make?
If you are involved in a faultless car accident, all injured parties are entitled to claim both personal injury and accident nomination claims for compensation.
Personal Injury Claims
In order to receive compensation for personal injuries resulted in a faultless road accident, you must lodge a personal injury claim with your CTP provider within 6 months of the road accident. This is only necessary if you believe your expenses will be more than $5,000 or that you will take more than 6 months to recover.
Accident Nomination Claims
All injured parties who wish to receive compensation must lodge and accident notification claim with their Third Party Insurance provider within 28 days of the road accident. A successful claim with entitle you to receive up to $5,000 in compensation for costs and expenses for up to 6 months after the accident happened.
What Do I Need To Lodge a Road Accident Claim?
Acquire The Details Of All Other Involved Parties
As soon as possible after the accident, it’s vital to gather the details of all the parties involved, most importantly their third party insurance information. If the other party for some reason refuses to give you their information, write down their licence plate and registration number so that the relevant authorities can gather the details for your claim.
Report The Road Accident To The Police
You must report the accident to the police as soon as you can. The longer the delay, the worse it becomes for your claim. If you don’t report the accident within 28 days, you will be required to provide appropriate reasons when making your claim. Once you inform the police and make a report, be sure you receive a police event number as it will be an important part of your claim.
Get Medical Attention As Soon As Possible After The Road Accident
In order to claim injury compensation, you must have evidence that you were in fact injured due to the accident. The only way to do this is to seek immediate medical attention and request all certificates and diagnosis reports to assist your claim. Even if you feel as though you weren’t injured, go and see a specialist as your injuries may come to be an issue later and require ongoing treatment.
What Am I Entitled To Receive Compensation For?
If you are successful in your claims for compensation, you are entitled to be covered for the following:
- Loss of income or ability to earn income due to your injuries
- Pain and suffering
- Medical, Hospital and Rehabilitation fees and costs
- Modifications to your home and attendant costs to accommodate for your injuries
- The replacement and repair of all damaged property from the accident
If you require further assistance with a road accident compensation claim, contact the NSW Compensation Guide on (02) 9011 7929 for a number of excellent lawyers to choose from who will provide their expertise to ensure that you get the compensation that you’re entitled to.
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Contact A Injury Claims Lawyer
Contact a lawyer today, the NSW Compensation Guide has a number of great lawyer suggestions that work on a no win, no fee policy, so if you don’t win, you don’t pay. Get in contact with a lawyer today and get the expert advice and consultation you need before proceeding with a serious injuries claim. Find a lawyer