Motor vehicle accidents – a quick guide on claiming compensation

At the scene

Immediately after a road collision, park (if possible) your car to a safe place, assess the extent of any injuries and, most importantly, if there is a need to call the ambulance. You should also make sure that you are in a safe location away from traffic. Turn the engine off and switch your hazard light on. Don’t forget to look out for any hazards (such as debris) on the road. You must report the accident to the police if the:

• accident has resulted in bodily harm to any person; or
• total value of property damage to all involved parties exceeds $3,000; or
• driver of any motor vehicle is not present.

Exchange your personal details with the other party. Make sure you obtain their full name, date of birth, driver’s licence number, insurance details, and plate number. If they refuse to give you this information, call the police. If the driver is not the vehicle’s owner, they must provide the owner’s name and address. Record the place and time of the accident, and do not forget to take photographic evidence. If there were any witnesses, make sure you ask for their details too. When interacting with all parties involved, keep your emotions in check.

After the accident

Seek medical help as soon as possible and ensure you report to your GP or hospital that you have been involved in a car crash. You also must submit an online crash report https://www.crashreport.com.au/ocrf/ as soon as possible. You must then make a claim with the Insurance by completing a claim form and sending it to the Insurance Commission. Once submitted, you will receive your claim number from the Insurance Commission of Western Australia.

What’s next?

Once you are issued with a claim number, you can start receiving medical treatment funded (hopefully) by the Insurance Commission. If you find you are having to pay for treatment, contact RZ Injury Lawyers are the professional motor vehicle accident lawyers perth for an obligation-free telephone advice. The initial consultation is always free.

Is that it?

Unfortunately, this is not the end; it is just the beginning…Once you have recovered from your injuries, the Insurance Commission is likely to make you a settlement offer. In our experience, the first offer is almost always low so make sure you contact us when you receive it. We will guide you in the right direction to ensure your entitlements are maximised.

Do I need a lawyer?

The process after you have made a claim for compensation can be complex and stressful. Engaging a personal injury lawyer will make your journey easier so that you can focus on getting better. Further, ask yourself this question. Much much is my claim actually worht? Chance are you do not the answer to that question and therefore engaging a lawyer is a great idea especially that most, if not all, of your legal costs will be paid by the Insurance Commission if you are you represented by RZ Injury Lawyers.

What you can claim

Some of the things you can claim are:

• medical expenses
• general damages (pain and suffering)
• loss of income (past)
• loss of ability to earn income (future)
• domestic assistance and services

Evidence of your claim

You will need to provide evidence to support your claim. This may include:

• photos and videos of the accident, cars, and injuries
• pay records including payslips and timesheets
• medical records and reports
• radiological scans
• invoices for related expenses

Settlement

Settlement is usually reached when your injuries have reached maximal medical improvement. The amount of money you receive will largely depend on the extent of your injuries, whether those injuries have affected your capacity to earn an income and the cost of your medical treatment and care and support. Usually, a person with severe or permanent injuries will receive more than someone whose life hasn’t been as affected by the accident. At RZ Injury Lawyers we will ensure your entitlements are maximised. We’ve got the experience you need to get the results you deserve.

Remember

Strict time limits apply. Your claim will become statute-barred if you have not commenced court proceedings within 3 years of your accident! So don’t delay in contacting us for a free, no-obligation appointment. We will discuss your case and set out the best strategy so that you receive the compensation you deserve! After all, the accident was not your fault, right? Regardless of whether you live in Perth or regional WA, we can come to your home or place of care. You don’t usually need to go to court as most cases are settled without having to commence proceedings. https://rzinjurylawyers.com.au/

Did you know?

The only situation where “at-fault” road users may receive compensation is if their injuries are deemed catastrophic. The definition of a “catastrophic injury” includes:

• spinal cord injuries
• traumatic brain injuries
• multiple amputations
• severe burns
• permanent traumatic blindness

Fatal Accidents entitled to compensation pursuant to the Fatal Accident Act 1959