Have you recently been in a car accident? What you need to know about the injury claims process

If you have been in a car accident, it is undoubtedly a highly stressful and emotional experience. Sometimes, an unfortunate circumstance may arise where passengers will experience an unwarranted injury. 

It is therefore important to understand the processes to undertake if you are involved in a similar situation, in order to safeguard yourself and be prepared. Not knowing what to do will only cause added pressure and stress toward the situation. Apprehending the car accident injury claim process is key in making sure your claim is successful. 

While there are many people who are involved in car accidents annually, many people don’t realise how following certain steps after an accident can make a massive difference with the claim process. It is important to understand the steps one must take at the scene of an accident, after the accident, as well as throughout the car accident claim process. 

“Over the eleven-year period from 2005 to 2015, there were more than 131,000 people seriously injured on NSW roads. Most of these (55 per cent) were matched to police reports.” Transport for NSW

Steps to take at the scene to assist in ensuring a smooth car accident injury claims process

While on the scene, it is important to take a range of steps to ensure you have all the required information in order to submit your claim. It is critical to stay calm in these situations to make sure you cover everything you need and obtain all the necessary information. 

Many people involved in car accidents experience high levels of emotion and stress, in turn, recording details incorrectly. This can have a serious effect on your car accident claim process. 

It is crucial to take certain steps at the scene of an accident. Although simple in nature, many are too emotionally overwhelmed at the scene to consider following a particular protocol. Here is a quick reference guide on what to do to ensure the claims process has kickstarted positively: 

1. First and foremost, the safety of all individuals is crucial and needs to be checked. If there are any critical injuries, you must call the police and ambulance immediately 
2. Injuries can arise from the smallest and simplest car accidents. It is important to make sure that passengers involved visit a medical practitioner if they encounter any pain or visible injuries
3. No matter the severity of injury, police presence is crucial. This guarantees a specialised person to assess the situation, reaching a conclusion on which driver is at fault 
4. Important details to note include; name, address, mobile number, driver’s licence number, vehicle registration and insurance information of drivers involved. 
5. Any witnesses present could be critical to the success of the car accident claim process. Make sure to gather their names and contact details as well. 

It is also beneficial to take advantage of our smartphones and use them to record audio, take images and notes of the accident on the scene. 

• Videos are a great way to record important information. These details may be ones you can forget after the accident due to the stress and anxiety it has caused. Be careful though, do not video record people, just the damage/accident setting. 
• Photos of all vehicles involved are fundamental as well as the location of traffic signal lights, other obvious evidence, road markings or poor lighting.
• Take note of the weather and road conditions at the time of the accident. This may assist with the car accident claim process.

How to formally kick start the car accident claim process

If your accident occurred before the 1st of December 2017, one of the first steps is to lodge a Personal Injury Claim Form. This claim will be against the driver of the vehicle or owner that caused the accident, which is handled by the CTP insurer of that vehicle. If your accident occurred after the 1st of December 2017, you must lodge an application for Personal Injury Benefit. 

It is important that you:

• Make sure the accident is reported within 28 days to the police as if this is not done it may affect the overall outcome of your car accident claim process. 
• It is important that you note and find out the CTP insurer of the vehicle that caused the accident. If you forget to ask the other person involved in the accident,  the Claims Advisory Service can provide you with the information if you give them the other vehicles registration number
• Once this has been completed, a Personal Injury Claim form needs to be sent to the CTP insurer of the vehicle which caused the accident

Is there a time limit for the car accident claim process? 

If your accident was before the 1st of December 2017, you must complete the Personal Injury Claim form and return it to the CTP insurer as soon as possible. The sooner the better as your claim will be handled efficiently. However, if for whatever reason you have not lodged the claim right away, you have six months to do so from the date of the accident. 

If your accident occurred after the 1st of December 2017, you must complete the application for Personal Injury Benefit which supports payments, medical expenses and/or vocational rehabilitation programs while you recover. In order to apply for a Personal Injury Benefit, you must get the details of the other vehicle and report the crash within 28 days or in some cases 3 months. 

If the insurer receives the claim after the 28 day period, your claim will be affected. It is necessary to handle the claim right away in order to have a successful outcome. 

What can I claim throughout the car accident claim process?

The compensation you receive all depends on the severity and type of injury you have suffered as well as the time of the accident. Claims can be for various reasons which include economic or non-economic losses and in some cases among other purposes. 

What is an economic loss?

This is when the injury has caused you the ability/capacity to earn an income. Other economic loss also includes:

• Necessary hospital, medical and rehabilitation expenses
• Care and home modification expenses 
• Other reasonable losses one may suffer as a result of the injury

In order for these to be successful, you will need to show that; the amount claimed is reasonable. It also needs to be verified and related directly to the injuries and losses caused by the accident.

What is a non-economic loss? 

Claiming for a non-economic loss includes the pain, suffering and loss of enjoyment of life that one has encountered as a result of the car accident. 

Non-economic losses are limited and will only be received if the person has a permanent impairment of more than 10 per cent as a result of the accident. The Medical Assessment Service assesses whether a person is eligible for this type of claim.

Understanding the car accident injury claim process is fundamental in ensuring the success of the final outcome. It is recommended to speak to personal injury lawyers in Sydney in order to receive advice on how to go about with the process. 

Prominent Lawyers has a team of highly qualified car accident lawyers making sure to alleviate the stress and handle your claim efficiently. 

We are experts at helping people receive the compensation they deserve.

Contact our friendly team today on 1800 77 66 46 for an obligation free consultation!