Car Accidents

If you have suffered injuries in a car accident and you are not to blame for causing the accident (ie you were a passenger or another vehicle caused the accident), you may have a right to claim compensation. This might include:

• Loss of wages
• Medical expenses
• Physiotherapy / rehabilitation costs
• Damages for pain and suffering
• Compensation for future loss of earning potential
• Compensation for future medical treatment / rehabilitation expenses

The accident must be reported to police. You must seek medical treatment for your injury.

Strict time limits apply, so you should contact Gouldson Legal as soon as possible.

Being affected by a car accident can cause you significant stress, pain, suffering and emotional trauma. Having to deal with insurance companies after such a tragedy can often make things even worse. Here are some handy hints and useful information which may make the claims process easier to bear.

The Basics

There are some things you can do to make the claims process easier and cost less for you. These are:

1. Be sure to get the name and address of the driver at fault;
2. Get the registration plate number, make and model of the car at fault;
3. Report the accident to and get a reference number from the police;
4. Get the names and addresses of any witnesses to the accident;
5. Take some photographs/make a sketch plan of the accident scene.

Even if you cannot get all of this information together, it is important that you contact us as soon as possible after the accident. Acting quickly can sometimes help to preserve important evidence.

Time Limits

It is also important to make sure that you lodge your claim within 9 months of the accident date or within 1 month of consulting a solicitor, otherwise you might have to explain your delay. If you don't lodge court proceedings within three years from the accident date, then you will lose forever your right to claim.

If you cannot identify the car at fault then you should contact us immediately. If a car cannot be identified or if it's registration has lapsed, then you only get 3 months from the accident date to lodge your claim forms. If lodged later than this, you have to explain your delay and if you don't lodge the forms within 9 months from the accident date, you will lose forever your right to claim.

What can I claim for?

You can claim for your pain and suffering, loss of past income, loss of future income, out of pocket expenses (eg: for medication, hospitalization, surgery, physiotherapy, chiropractic treatment, travelling expenses) and care and assistance you have or will require.

After your claim forms are lodged and given the green light by the insurer, we can apply to the insurer to fund reasonable rehabilitation expenses. This means less money out of your pocket at a time when you are already under financial pressure.

Can anyone claim?

You are entitled to claim as long as you are either not at fault for the accident or if the accident was partially your fault and partially the fault of someone else.

You can claim if you were a passenger in a car or on a motorcycle. You can claim if you were a pedestrian or on a bicycle and were hit by a car, motorcycle, truck or other registered motor vehicle. You can claim if you were the driver or passenger and the crash happened because of a defect in the vehicle.

If you are not sure whether or not you can make a claim, contact us for an initial consultation.

How long will this thing take?

Well, that depends on you. More particularly, it depends on how long your injuries last for. If you make a swift recovery, then your claim can be resolved quite quickly.  But if your injuries won’t go away, then it can take a little longer. It’s a bit like asking someone “how long is a piece of string?” – the answer will vary depending on the string. The finalization timeline for your claim will need to be reassessed from time to time once your rehabilitation and treatment are underway.

How much will I get?

This will depend on how the accident has impacted your life and work. If the impact is minimal and you make a fast and full recovery from your injuries, then the claim is modest. If the injuries affect your ability to work and create a need for care and assistance, then the claim is larger. There are many different factors which can affect how much you will get. This is why getting legal advice from someone who knows what they are doing is so important.

What do I do now?

Once you have as much information as possible, contact us.