Road and Traffic Accidents

Do You Qualify for a Faultless Car Accident Claim?

There are often times when car accidents can actually occur through no fault of anyone. Often people believe that in such a circumstance, there is no possible way of seeking compensation for any damages because if nobody is at fault, then who should be liable to pay? However, those involved in a faultless car accident may be eligible for a compensation claim.

Read on to find out more about whether you qualify for a faultless car accident claim, and how to go about making such a claim.

What is a faultless car accident?

A faultless car accident is a car accident which occurs through no fault of anyone. Some examples of what constitutes a faultless car accident include:

  • Accidents caused by falling trees
  • Accidents caused by a driver suffering a sudden medical condition (such as a stroke or heart attack)
  • Accidents caused by unexplained vehicle failure (such as a tyre blow-out)
  • Accidents caused by an unavoidable collision with an animal

However, some exclusions as to what constitutes a faultless car accident include:

  • If you were injured in a single vehicle accident (with no other vehicles involved)
  • If you were driving and your own sudden medical condition caused the accident
  • If your own vehicle that you were driving failed and caused the accident

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Do you qualify for a faultless car accident claim?

Under the Compulsory Third Party (CTP) insurance scheme, all vehicle owners in NSW are required to have CTP insurance. Anyone who has been injured in a car accident in NSW, including a faultless car accident, is covered by the CTP insurance scheme. This applies to any drivers, passengers, pedestrians and cyclists involved.

To qualify for a claim, you must have sustained either physical or mental injuries as a result of the car accident.

What types of faultless car accident claims can you make?

A faultless car accident claim means for those injured in a car accident to receive compensation for their injuries. Those who qualify to make a car accident claim will be entitled to make two types of claims: an accident nomination claim and a personal injury claim.

  • Accident nomination claim
    Those injured in a faultless car accident can lodge an accident notification claim with their CTP insurer within 28 days of the car accident. For this claim, you can receive up to $5000 in compensation for expenses incurred for up to 6 months after the car accident has occurred.
  • Personal injury claim
    Those injured in a faultless car accident can also lodge a personal injury claim with their CTP insurer, within 6 months of the car accident. This claim is for when you expect your expenses to amount more than $5000, or that the recovery time for your injuries will exceed 6 months.

How do you make a faultless car accident claim?

To make a faultless car accident claim, you will need to:

  • Report the car accident to the police
    Injured parties must report the car accident to the police as soon as possible. If you have failed to report to the police within 28 days of the car accident, you will be required to explain this delay when making any faultless car accident claims. You should ensure that once you have made the report, you have been given a police event number as this will also be required for any car accident claims you wish to make.
  • Obtain details of the other parties involved
    You should obtain the registration number and CTP insurance details of any other vehicles involved in the car accident as this information will be required for the purposes of faultless car accident claims. If the other party refuses to provide you with this information, record their number plate and registration number, so that the Motor Accidents Authority can obtain their details.
  • Seek medical attention soon after the accident
    It is important to ensure that any injuries sustained from the faultless car accident receive medical attention. Even if you feel as though you have not suffered any harm, some injuries may take time to appear and seeking medical attention will help determine if any future medical treatment or ongoing care is required. Evidence of medical records and receipts must be kept as they are required for any car accident claims.

 

For more information about a motor vehicle personal injury claim, get in touch with Schreuder Partners today.

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