Road and Traffic Accidents

Who Can Claim in a Car Accident?

Being involved in a car accident can adversely impact all of those involved. From drivers, to passengers and pedestrians, all parties may find themselves suffering physical, emotional and financial damages.

However, all injured parties are legally entitled to be financially compensated for their hardship. If you have been involved in a car accident and wish to receive compensation, read on to find out more about who can claim in a car accident, and what you are legally entitled to.

What is a Car Accident Claim?

A car accident claim is a means for those who have been injured in a car accident to receive compensation for their injuries. If you have been injured in a car accident as a driver, passenger, pedestrian or cyclist, you may be eligible to make a car accident claim.

Can Drivers Claim in a Car Accident?

If you were the driver of a car involved in a car accident, then whether you are entitled to make a car accident claim will depend on who was at fault for causing the car accident.

If you were not at fault for the accident, or nobody was at fault for this accident, then you are entitled to make a car accident claim. Accidents caused by animals or falling trees are usually deemed to be the blameless accidents, where the driver is not considered at fault.

If you were at fault for the accident, you are usually only entitled to make an accident notification claim, with a maximum compensation payout of $5000. Being fully at fault for the accident can include circumstances such as failing to drive at a safe speed, failing to wear a seatbelt, or driving under the influence of alcohol or drugs.

Can Passengers Claim in a Car Accident?

If you have been injured in a car accident as a passenger, you are entitled to make a car accident claim. However, if as a passenger, you are partly at fault for your injuries, then the compensation you may receive will be less than the amount you would receive if you were not at fault at all. Being partly at fault can include circumstances such as failing to wear a seatbelt or travelling in a car where you were aware the driver was under the influence of alcohol or drugs.

car-accident

Can Pedestrians Claim in a Car Accident?

If you are a pedestrian who has been hit by a car, then you are entitled to make a car accident claim. However, like a passenger, if you were partly at fault for your injuries, then the compensation you may receive will be less than the amount you would receive if you were not at fault at all. Being partly at fault can include circumstances such crossing a road unlawfully or without regard to approaching traffic.

Can Cyclists Claim in a Car Accident?

If you are a cyclist who has been hit by a car, you are entitled to make a car accident claim. However, like passengers and pedestrians, if you were partly at fault for the accident, then the compensation you may receive will be less than the amount you would receive if you were not at fault at all. Being partly at fault can include failing to wear a helmet or other protective gear, or failing to have lights fitted to your bicycle to enhance your visibility to other road users at night.

Can Children Claim in a Car Accident?

If a child is injured in a car accident and they were under the age of 16 and a NSW resident at the time of the accident, then a parent or guardian is entitled to make a car accident claim on behalf of their child.

Can Other Family Members Claim in a Car Accident?

If a person has been involved in a fatal car accident and has not survived, their family members are entitled to make a claim on behalf. Family members that are eligible to make this claim include:

  • The deceased’s spouse or de facto partner
  • The deceased’s parents
  • The deceased’s siblings (brothers, sisters, half-brothers or half-sisters)
  • The deceased’s children

Who Do I Make a Claim Against?

Under the Compulsory Third Party (CTP) insurance scheme, all car owners in Australia are required to have CTP insurance. Victims of car accidents are therefore covered by the scheme, and car compensation claims can be made against the insurer of the negligent driver or car owner.

What Can I Be Compensated For?

If your claim is successful, you may be compensated 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 on a motor vehicle personal injury claim, contact Schreuder Partners today.

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