Motor Vehicle Accidents
What Makes Me Eligible For Car Accident Injury Compensation?
There are two primary criteria for injury compensation as the result of a motor vehicle accident where you were not at fault. Firstly, you may be entitled to compensation for any necessary and reasonable medical treatment for injuries sustained in the accident.
Secondly, if you are seriously injured and unable to work, you may be entitled to weekly payments to help cover the loss of any earnings – or your capacity to earn an income. These payments may continue for up to five years if you cannot work in that time because of the injuries sustained in the motor vehicle accident.
This is outlined in the Motor Accidents Injuries Act 2017 which also states that pedestrians, witnesses, pillion passengers, cyclists and motorcyclists are eligible for compensation as well.
The amount in weekly earnings or earning potential that you will be eligible for includes:
- Up to 13 weeks after the accident: Up to 95 per cent of earnings capped at $3853 p/w.
- Weeks 14-78: Up to 85 per cent of earnings capped at $3853 p/w.
- Weeks 79-260: Up to 85 per cent of earnings capped at $3853 p/w as long as the injury is not classed as minor.
The very first thing that you should do is contact Triple 0 to report the incident to emergency services. This applies when you have been involved in an accident in any capacity, whether you were driving, a passenger, on foot, bicycle, or any other form of transportation. This will ensure police, paramedics and the fire service will get to the scene as soon as possible.
If you can, you should take a photo (or write down the details) of the rego plate of the other vehicle and the driver licence of the person driving the vehicle.
The next step is to seek medical assistance. You should not try and be tough or brave in these incidents. You should visit your GP at the very least at your earliest convenience. Injuries sustained might not be immediately apparent or what seems like a minor injury could escalate very quickly.
The first step in any compensation claim is to get a medical certificate from your GP. This should include all relevant information including:
- • The extent of the injury
- • The treatment required
- • Expected recovery time
- • Referrals to specialists
- • How long you will be required to not work in order to recover
- • Ongoing medical and allied health arrangements
When you have this information, you can contact the relevant insurer to make a claim for compensation. This could be the compulsory third party insurer of the vehicle that struck you. Get the licence plate details if possible so that this insurer can be tracked down.
If you require compensation for immediate treatment of injuries, you can lodge the details through an Application for Personal Injury Benefits which will then be passed onto the insurer. If you need to apply for compensation for loss of income, you will also be required to lodge a Certificate of Fitness which will be provided by your GP.
This process can seem complicated, especially if you have suffered personal trauma or loss. For guidance through the entire compensation claim process, you can rely on Tony Love Lawyers to be professional and compassionate. Contact our team today.