According to the latest statistics of the World Health Organization (WHO), about 1.3 million people globally die in traffic accidents every year, and on average 2.5 people die from traffic accidents every minute. There are also 20-50 million people who have suffered non-fatal injuries as a result of traffic accidents, many of whom became disabled as a result. A rather shocking statistic!
In Australia, however, sound legal guarantees have made the traffic accident rate far lower than the data published by the WHO. Not only that, a comprehensive motor vehicle accident compensation plan has also enabled the parties injured in a traffic accident to quickly get back on their feet.
The team of senior personal injury lawyers of Longton Legal have a professional reputation in the field of motor vehicle accident claims. In this article, we will explain in detail the compensation measures, and provide some helpful advice related to motor vehicle traffic accidents.
So, if you have been involved in an accident that has left you unable to earn an income, and you are considering what to do next, here’s a breakdown to get you started.
Keep in mind strict time limits apply to compensation claims so make sure you have legal support from the very start and get it right.
When Should I Lodge My Claim?
You should lodge an application for personal injury benefits within 28 days of the motor vehicle accident so you can claim loss of income. If the claim is made outside the time limit it may prejudice your claim for the income loss to that time. You should also notify the police as soon as possible.
You will be able to claim reasonable and necessary medical treatment, domestic assistance if needed and losses of income. If you have a non-minor injury (e.g. injuries that are greater than 10% whole person impairment), you can also claim for pain and suffering (also known as non-economic loss).
It should be noted though, that if you are found to have a minor injury or are mostly at fault for the motor vehicle accident your benefits will cease after the initial six months.
What Is A Minor Injury?
A minor injury is a soft tissue injury, for example whiplash, or psychological injuries such as feelings of sadness, anger or guilt that are not recognisable psychiatric conditions. It is very important in the first few months after the accident that you undergo radiological investigations and/or receive psychiatric assistance to establish evidence should you feel that you injury is non-minor.
Statutory Compensation
Statutory Compensation are payments for losses of income. The payments themselves are not a fixed amount but are calculated based on a percentage of your pre-accident income.
In the first 13 weeks post-accident, you can recover up to 95% of your pre-accident income, however after this time period, from week 14 onwards, the maximum payment you can receive is only 85% of your pre-accident income. In the case that you have ongoing incapacity for employment after 2 years, you can apply to receive further statutory benefits.
The motor accident legislation is complex and if a dispute arises with the insurer there are strict time limits for requesting review by the Personal Injury Commission (PIC). If you instruct Longton Legal, we will guide you through this difficult process and provide you with recommendations and advice to maximise your entitlement to damages so that you can understand every step of the process. Our team of solicitors have extensive experience in helping injured claimants and also professional experience working in a CTP insurer. Here at Longton Legal, we also offer “no win, no fee” conditional agreements to further solidify your confidence in us.
FAQs
If I am involved in an accident with a vehicle that is unregistered or uninsured can I still make a claim? Yes.
If the cause of my collision is a blameless circumstance, for example if a driver had an epileptic seizure and technically isn’t at fault, can I still make a claim?In most cases, yes.
What is classified as a motor vehicle accident?A motor accident
A motor accident includes accidents on public transport, driving for work, riding your bicycle, being a pedestrian or even as a passenger.
What if I am mostly at fault?
Even if you are mostly at fault for the accident, you can still make a claim for loss of income and medical treatment for six months!
*Disclaimer：This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*
