Car accidents are a scary and uncertain time for all of us, with the claims process afterwards daunting. Making a claim on the Sunshine Coast can be overwhelming, especially if you have never filed a car accident claim.
But it doesn’t need to be. Today, we are here with a brief guide that walks you through the process so you know what to expect at every step when making a car accident claim.
Do I Have To Make A Claim For A Car Accident On Sunshine Coast?
While you don’t have to make a claim after being involved in a car accident, you should if your car is damaged and you or other passengers are injured. You can make a claim through your insurance company for the damage caused to your car. They will liaise with the other party involved in the accident to ensure that your car is repaired at no additional cost to you.
For injuries, you can make a personal injury claim using a trained and experienced lawyer. They will help you win compensation that will cover any medical bills, rehabilitation time, and injuries.
Making A Claim For A Car Accident Process
There are five steps you can follow when claiming for a car accident. We have outlined these steps below to show you what to expect from the process. It’s worth noting that no two car accident claims are the same, and your lawyer will be able to provide you with more specific guidance.
Step 1 – Seek Legal Advice
First, you must contact a personal injury lawyer specialising in car accident claims. You want to choose a firm with experience in this area, as they will understand the Queensland laws and make you aware of your legal options and whether you can make a claim.
This usually starts with an initial phone assessment before you are invited to a no-obligation consultation to explain the details of the claim. The lawyer will use this to gather information about the accident and the party responsible. You can agree to use the lawyer if you are happy with them, but check whether any upfront costs are involved.
Step 2 – Gather Evidence
Once the claim has begun, your lawyer will gather evidence to build the claim to prove that you deserve compensation. Evidence can include:
- Accident reports of the crash
- Expert assessments that state the long-term effects of injuries
- Medical records that show the extent of injuries
- Photos, videos from traffic cameras or dashcams, and proof of lost income
- Witness accounts that support your version of events
The more evidence that is gathered, the better, as this will help your lawyer secure the maximum amount of compensation you are entitled to.
Step 3 – File Your Claim
Once the evidence has been gathered, your personal injury lawyer will lodge a notice of claim and negotiate on your behalf with the liable parties. These are usually the insurance company of the driver who caused the crash, their legal representatives, or WorkCover QLD if the accident was caused at work.
Step 4 – Negotiate With The At-Fault Party’s Insurer
The negotiation process involves your lawyer meeting with the at-fault party-’s insurer to ensure you get the compensation you deserve. The goal is to ensure you get a fair settlement to cover lost wages, medical bills, pain and suffering, and the long-term impacts of the accident.
A compulsory conference is often held where your lawyer, at-fault driver’s insurance representatives and a specialist barrister meet to reach an agreement. Sometimes, the claim is not settled here and can be taken to court. Here, your lawyer and the at-fault party’s lawyer will argue their case to a judge who will decide. Before this happens, check with your lawyer whether you are liable for the other side’s legal costs if your claim is unsuccessful.
Step 5 – Settle Payment
Once your claim outcome is decided, you need to settle your payment. Successful claims see you receive a lump-sum compensation settlement. This is tax-free, with the amount varying depending on the severity of your injury, the impact on your wages, and any medical expenses. You will need to pay your personal injury lawyer for this, too.
Unsuccessful claims sometimes involve payments to settle too. You might still need to pay your lawyer for their time, especially if they were not working your case on a no-win, no-fee basis. There might also be legal costs you need to settle if the case goes to court.
Final Thoughts
Making a claim for a car accident on the Sunshine Coast is straightforward and allows you to get compensation for your injuries. The process is smoother with a personal injury lawyer, who will use their expertise and experience to help you get the compensation you deserve.
Source: Smiths Lawyers, Queensland
