Car accidents can be quite horrifying. Apart from the physical injury that can be traumatic, it gives additional stress to the victims whether they’ll be compensated. Hence, it becomes essential to understand the complex vehicle laws of Australia that governs cases of car accidents.
This blog post serves as a guide to help you evaluate your eligibility for a claim following an Australian car accident.
Understanding your rights
In every accident in Australia, every road user, whether a driver or passenger, has rights. They are often entitled to receive compensation for medical expenses and loss of pay. These rights will also include monetary compensation for pain and suffering. Laws change in every state; hence, it is very important to know and understand the laws in your area. Knowledge of those laws can help you make the right decisions.
Types of claims
Generally, there are two types of claims you can pursue: statutory and common law. The cause of action for statutory claims is founded on mandatory insurance policies that provide compensation for injuries sustained. Common law claims are less straightforward; it usually involves proving negligence of another driver. It is important to know which suit will apply to your case to achieve a successful outcome.
Gathering evidence
Collection of sufficient evidence is crucial for supporting your claim. These include photographs of the accident scene, eyewitness statements, and medical records. The documentation of everything immediately after the accident serves to strengthen your case. The sooner you are able to secure that evidence, the better for your claim in obtaining fair compensation.
Time limits for claims
In Australia, you have stricter time limits within which to make claims. You typically have three years from when the accident happened to lodge your claim. Again, states have longer or shorter periods. If you do not meet these times, you can lose your right to claim. Therefore, it is essential to act promptly.
Seeking legal assistance
Dealing with the claims process can be quite complex. Victims are often confused and unsure of the subsequent steps to take. Thus, seeking expert legal guidance for car accident cases will make things easy and clear. If you have a qualified lawyer, they will explain to you all your rights and will literally guide you through the legal process. An experienced lawyer will also push for maximum compensation for your claim.
The role of insurance companies
Insurance providers are also an important part of the claims process. You will probably be dealing with your own provider and the other driver’s provider after an accident. It is a good idea to know how insurance providers work. They will try to keep payments down. Knowledge and preparedness will help you during negotiations.
Conclusion
Awareness of your rights is highly essential when it comes to road accidents. You should know the types of claims available to you and gather evidence. You must know when it’s time to consult the experts. This will significantly help you get timely compensation. Don’t hesitate to ask for help when you find yourself in such a situation.