When you have been involved in a car accident, it’s often easy enough to point the blame. Whether it be another driver, cyclist, pedestrian or even yourself at fault, there is often somebody to hold accountable. But what happens if there was a blameless car accident, with nobody at fault? Who then would you seek compensation from?
Victims of faultless car accidents are just as entitled to compensation as victims of other types of car accidents. Read on to find out more about when a car accident is faultless, and how to claim compensation in a faultless car accident.
What is considered a faultless car accident?
A car accident may sometimes occur through no fault of anyone, also known as a faultless, blameless or inevitable car accident.
Some examples of what constitutes a faultless car accident includes:
- 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 to what constitutes a faultless accident include:
- If you were injured in a single vehicle accident
- If you were driving and your own sudden medical condition caused the accident
- If the vehicle you were driving failed and caused the accident
Am I eligible to make a car compensation 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 is covered by the CTP insurance scheme. This entitles drivers, passengers, pedestrians and cyclists eligibility to make a car accident claim for any injuries or death resulting from a faultless car accident.
What types of car accident claims can I make?
In the case of a faultless car accident, injured parties are entitled to receive compensation under both an accident nomination claim and a personal injury claim.
- Accident nomination claim
Injured parties must 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
Injured parties must 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.
What do I need to make these car accident claims?
To make a car accident claim, injured parties 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 the car accident to the police within 28 days of the car accident, you will be required to explain this delay when making any claims. You should ensure that once you have reported the car accident, you have received a police event number, as this will also be required for claims later on.
- 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. 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 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 claims.
What can I receive compensation for?
If your car accident claims are successful, compensation can be claimed for:
- Medical, rehabilitation and hospital expenses
- Home modification and attendant care expenses
- Loss of earnings or earning capacity
- Pain, suffering and loss of enjoyment of life (if the injured party has suffered a whole person impairment over the 10% threshold)
- Replacement or repair of damaged property
For more information about a car compensation claim, contact Schreuder Partners today.