These are some simple steps to remember if you are ever injured in a motor vehicle accident.
Report the accident to the police
You should obtain the COPS event number from the police for future reference. It is preferable if the police can actually attend the scene of the accident.
Consult your doctor as soon as possible
Even in a situation where you have attended a hospital for the purposes of treatment after the accident, you should consult your doctor as soon as possible to advise them of the symptoms you are experiencing. Your doctor should then write down all of the injuries you have received, even if they are minor injuries, just in case any of your injuries continue as problems into the future.
Submit an Accident Notification Form within 28 days
If you are injured, you should submit an Accident Notification Form within 28 days, even if you are at fault, as you may be entitled to claim up to $5,000 in compensation for treatment expenses and economic loss as a result of your injury. It will be necessary for you to have the medical certificate completed by your doctor prior to submitting the form.
Consult a solicitor at an early stage
It is very important that you consult a solicitor at an early stage so that you can receive appropriate advice in relation to the whole process of making a claim for personal injury. You will also be able to get a better understanding of what you will need to do to make a claim for personal injury.
Lodge a personal injury claim form within six months
It is necessary to lodge a personal injury claim form within six months of the date of the accident. If you have lodged an Accident Notification Form you can rely on the medical certificate you have already lodged, otherwise you will need to get a medical certificate from your doctor.
The claim form will need to be lodged with the compulsory third party (CTP) insurer of the vehicle at fault. It is very advisable that you receive legal advice relating to completion of the form. It is possible to make a late claim but you will have to provide a ‘full and satisfactory explanation as to why you have not lodged a claim within the six-month period’ and this can become complicated. In some circumstances, the claim may be rejected if lodged outside the six-month period.
Seek advice relating to possible other rights for compensation
You should also seek advice relating to possible other rights for compensation you might have, such as workers compensation or compensation from an insurance policy under your superannuation, like income protection insurance.
This article is intended to be for information and educational purposes only and cannot be relied upon as legal advice. The information may not apply to your circumstances or to your particular situation. If you need specific advice or you have any questions, we welcome you to contact us directly.
