Car accident FAQ’s

>

>

Car accident FAQ's

Accidents can occur in many different and unique situations – so if you are unsure whether you can claim you should talk to our expert lawyers to find out. At Brandon and Gullo Lawyers we offer a free consultation to anyone involved in an accident to determine whether they are able to make a claim. The following are some of the frequently asked questions when it comes to determining whether someone can make a claim:

Yes! If you were involved in a motor vehicle accident as a pedestrian, you can make a claim under the CTP Insurance of the at-fault vehicle.

Yes! Passengers are able to make a claim under the CTP insurance of the at-fault vehicle, even if the at-fault vehicle was the one they are travelling in.

For example: John and Mary are travelling along a highway. John takes a corner too fast and rolls the car. Mary hurts her neck and back in the accident. Mary can make claim under the CTP Insurance of John’s car.

Yes! If you don’t have the details of the at-fault vehicle, you can make a claim under the Nominal Defendant Scheme. The Nominal Defendant is a statutory body established for the purpose of compensating people who are injured as a result of the negligent driving of unidentified and/or uninsured (no Compulsory Third Party (CTP) insurance) motor vehicles. There are very strict time limits when it comes to making a claim under the Nominal Defendant Scheme, so if you are in this situation you should:

  1. Immediately notify the police so they can assist you to undertake investigations to identify the vehicle. This is very important as the police may be able to obtain footage of the area where the accident occurred; and
  2. Talk to your lawyer as soon as possible so they can protect your rights.

Yes! If the vehicle that caused the accident was unregistered/uninsured, you can make a claim under the Nominal Defendant Scheme. The Nominal Defendant is a statutory body established for the purpose of compensating people who are injured as a result of the negligent driving of unidentified and/or uninsured (no Compulsory Third Party (CTP) insurance) motor vehicles. There are very strict time limits when it comes to making a claim under the Nominal Defendant Scheme, so talk to you lawyer immediately if you are in this situation.

Your claim will proceed against the CTP insurer of the vehicle and if you are successful, it is the CTP insurer who will pay compensation to you. The driver of the vehicle will not be required to pay you compensation.

The CTP scheme is designed to compensate people who have been in an accident for their pain and suffering, financial loss and expenses related to the accident incurred both throughout the claim and into the future. You may be able to claim:

  • General damages (for pain and suffering);
  • Funding for medical treatment and rehabilitation such as physiotherapy, counselling, chiropractic;
  • Compensation for time off work, loss of wages, loss of earning capacity;
  • Compensation for care and assistance you have paid for, or that your friends and family have provided to you;
  • Compensation for aids and equipment;
  • Compensation for the purchase of medications and travel to medical appointments.

If you don’t use a lawyer, your claim is likely to settle for a lot less than you are entitled to.

Recent data released by the Motor Accident Insurance Commission revealed that in 2017 the average settlement figure for someone who was legally represented in a CTP claim was $93,305.46 compared to $13,481.94 for someone who was not legally represented. Why is this? Well, specialist lawyers like our team are experienced with the claim process and experts in the law surrounding CTP Claims. They are able to gather the evidence needed and present your case in the strongest possible way to ensure that you are fully compensated for all of your losses both current and into the future.

They do this by:

  1. Ensuring you receive the treatment you need;
    Gathering evidence with regards to the extent of your injuries, loss of income, any care or assistance, aids or equipment you may need as a result of your injuries plus any other expenses;
  2. Ensuring your injuries are properly assessed by medical experts;
    Formulating your claim to claim the maximum possible under each ‘head of damage’;
  3. Being your advocate to the insurer to ensure you are not under compensated.

Your first step with us is free