Am I Entitled To Claim Car Accident Compensation?
Are You Entitled To Claim Car Accident Compensation?
Important guide for anyone who has been affected by a car accident. Whether you were driving, a passenger, pedestrian or cyclist, you may be entitled to compensation.
The aftermath of a serious car accident can be overwhelming, stressful and in some cases completely life changing for everyone who was involved. As well as physical and emotional hardship, many find themselves out of pocket for large sums of money due to medical bills, loss of income and ongoing expenses.
Compensation is not exclusive to drivers. All injured parties are eligible to claim for compensation if they suffered any hardship due to another’s negligence. If you have been in a car accident and believe you are entitled to compensation, we’ve put together a comprehensive guide below to help you fully understand what you are entitled to and how you can launch your claim.
What is a Car Accident Compensation Claim?
A car accident compensation claim is a way for those who have been injured in a road accident to gain compensation for their physical or emotional injuries. You yourself may be eligible to claim compensation if you have recently been involved in a car accident, whether you were driving, in the passenger seat or a pedestrian, if you were injured you may want to consider making a car accident claim.
Are Drivers Eligible For Compensation After A Car Accident?
If you were driving a car and found yourself involved in a car accident, it will depend on whether you or the other person’s negligence was the reason for the accident.
If the accident was caused by someone else’s negligence, or there was no one at fault, then you are entitled to make a claim for compensation as you did not cause the accident. Cases were no one was at fault, are those that were caused by factors beyond either drivers control such as dangerous weather or falling trees. These situations allow for all parties to claim compensation.
If however, you were the causing factor in the accident, you are required to make an accident notification claim, where if successful, you may receive a maximum payout of $5,000. Factors that could place you at complete fault for the accident include not wearing a seatbelt, driving while intoxicated or driving over the speed limit.
Are Passengers Eligible For Compensation After A Car Accident?
If you were the backseat or front seat passenger of a vehicle that was involved in a car accident, you are entitled to make a compensation claim. Depending on your influence on the accident will depend on how much compensation for your injuries. For example, if you were not wearing your seat belt or knowingly rode in the vehicle with a driver who was intoxicated, you would receive less compensation than otherwise.
Are Pedestrians Eligible For Compensation After A Car Accident?
If you were on foot and injured as a result of a car accident, then you are eligible to make a compensation claim. The same guidelines for passengers exist for pedestrians as well in regards to the level of fault measuring the level of compensation you could receive. If you were unlawfully walking across the road instead of waiting for the crossing lights or did not consider the flow of traffic, then you would be considered partly at fault.
Are Cyclists Eligible For Compensation After A Car Accident?
If you are a cyclist and have been injured as the result of a car accident, you are entitled to claim car accident compensation. Just like passengers and pedestrians, your level of fault will be considered when deciding on how much compensation you are owed. Being partly at fault includes whether or not you were wearing a helmet as well as other pads or safety equipment as well as having your bicycle properly fitted with lights and reflectors which make you more visible to vehicles on the road when it’s dark.
If A Child Is Injured In A Car Accident, How Do They Claim?
If a child who is under 16 and a NSW resident has been injured in the result of a car accident, then their parents or guardians are eligible to claim compensation on their behalf.
Can You Claim Compensation For Other Family Members After A Car Accident?
If a family member was involved in a fatal accident and have passed away due to injury, their family may claim compensation on their behalf. The family members who are eligible to make the claim are as follows:
- The deceased’s parents or legal guardians
- The deceased’s children
- The deceased’s close family members (sisters, brothers)
- The deceased’s partner or spouse
Who Do I Direct My Compensation Claim Against?
Every car owner in Australia is legally required to have third party insurance. This covers the cost of accident towards others in situations such as car accidents. If you are the victim of a car accident, you are covered by the person at fault’s third party insurance; therefore you should direct your claim to the insurance company which covers the driver.
What Compensation Am I Entitled To After An Accident?
If you are successful with your car accident claim you may be entitled to a number of different forms of compensation depending on your injuries. This includes:
- Medical fees, including hospital fees and rehabilitation costs
- Income replacement for time you had to take off work to recover
- The cost to replace or repair your vehicle
- Ongoing suffering compensation: whether it be due to ongoing pain, suffering and the loss of enjoyment from your life due to your injuries.