Dealing with the aftermath of a car accident can be overwhelming, particularly if you’re unclear about the claims process.

Whether you’re a driver, a passenger, or a pedestrian, it’s important to know your rights and the necessary steps to obtain fair compensation.

You might be wondering which expenses you can claim, how to handle insurance companies, and whether you need legal help.

Each state has specific rules and deadlines that can greatly influence the outcome of your claim.

In this guide, we will go through the key aspects of car accident claims and reveal some important details about the process that could affect your compensation.

How Do Car Accident Claims Work?

If you’re in a car accident in Australia, it’s important to know how to file a claim to get compensation.

First, take detailed notes and photos at the accident scene. It’s also vital to get medical help right away and report the accident to the authorities within 28 days.

Next, submit a Personal Injury Claim form within three months to cover medical costs, lost earnings, and pain and suffering, based on how severe your injuries are.

Getting help from a legal expert can greatly improve your chances of a successful claim. They’ll guide you through the insurance talks and make sure all your paperwork is correct.

Which Party Needs to Make the Claim?

Any party involved in the accident can start a compensation claim.

If you’re a driver, passenger, pedestrian, cyclist, or motorcyclist involved in an accident, you can make a claim under the Compulsory Third Party (CTP) scheme.

This scheme helps you cover medical costs and lost wages, even if you were partly responsible for the accident.

You don’t have to be completely without fault to seek compensation.

What Expenses Can You Claim After a Car Accident?

After a car accident, you can claim several expenses to help manage the financial impact of your recovery.

Medical expenses, such as hospital bills, rehabilitation costs, and future treatments, are a major category. If your injuries prevent you from working, you can claim compensation for lost wages, which may cover up to 95% of your income for the first 13 weeks.

Additionally, if you need home care services due to your injuries, these costs can be claimed.

Property damage reimbursement can help cover the costs of repairing or replacing your vehicle and any personal items damaged in the accident.

Lastly, for the physical and emotional distress caused by the accident, you can file for pain and suffering compensation, which depends on the severity of your injuries.

What Is the Process For Claiming a Car Accident With Your Insurance?

To start your insurance claim after a car accident, contact your insurance provider without delay. Report the accident as soon as possible, including the date, location, and everyone involved. This initial step is essential in the claim process.

Then, collect all necessary evidence such as photographs, statements from witnesses, and the police report to support your claim. When you’re ready, submit the claim form to your insurance company, ensuring you complete it accurately to prevent any delays.

Be sure to clearly outline any damages, and you may need to provide additional documents like medical reports or repair estimates. Generally, your insurer will review your claim within about four weeks and will then notify you about their decision on liability and compensation.

What Happens If the Claim Goes to Court?

If your car accident claim goes to court, a judge will decide the outcome. In court, you must provide strong evidence such as witness statements, medical reports, and accident documentation. These help prove your case and determine who’s at fault.

The judge reviews all evidence to decide based on the most likely scenario. Court cases can take a long time, from months to years, depending on the complexity of the case and court schedules.

If the judge decides in your favour, the compensation might be different from any initial insurance offers, which could mean you receive more or less money. After the decision, either side can appeal, which might extend the process further.

Can You Make a Claim Without a Police Report?

Although a police report isn’t essential for filing a car accident claim in Australia, it’s strongly recommended to support your case. Here is what you should consider:

  1. Evidence: A police report provides reliable evidence that can help establish the details of the accident, which is vital for determining who’s at fault.
  2. Insurance: Many insurance companies might ask for a police report to process your claim. Not having one could delay or complicate getting your compensation.
  3. Alternative Evidence: If you don’t have a police report, you’ll need to collect other evidence like witness statements or photographs to back up your claim.
  4. Legal Requirements: It’s required to report your accident to the authorities within 28 days, particularly if the police didn’t attend the scene.

How Long Do You Have to Make a Claim? Is There a Time Limit?

After gathering all the necessary evidence, even without a police report, it’s crucial to be aware of the time limits for filing your car accident claim in Australia.

Each state has specific deadlines.

For example, in NSW, you must apply for weekly benefits within 28 days of the accident and submit the Personal Injury Claim Form within three months.

In Queensland, you have up to nine months to make a claim, with a possible one-month extension if you’re consulting a solicitor.

If you miss these deadlines, you might lose your chance to receive compensation.

Therefore, make sure you file your claim promptly to avoid missing out on potential benefits.

How to Make a Car Accident Claim Without Insurance

Even if you don’t have insurance, you can still make a car accident claim in Australia. Here’s what you should do:

  1. Document the Scene: Take photos and collect details from the accident location. This is important for showing what happened and the conditions at the time of the accident.
  2. Collect Witness Statements: Witnesses can provide important evidence that supports your account of the events.
  3. Obtain a Police Report: This document is crucial for proving who was at fault.
  4. File a Personal Injury Claim Form: Make sure to do this within three months of the accident to meet legal deadlines.

It’s wise to seek legal advice if you’re uninsured, as a lawyer can help you understand the process and improve your chances of getting compensation for personal injuries.

Can You Settle a Car Accident Claim Without a Lawyer?

Yes, it is possible to settle a car accident claim without a lawyer, but it comes with several challenges.

Dealing with insurance companies can be difficult, and without legal help, you might receive a lower amount of compensation. Many people undervalue their claim and agree to smaller settlements.

Insurance companies often employ tactics to reduce payouts, and without a lawyer’s advice, you’re at a disadvantage. While it’s legal to negotiate by yourself, about 60% of successful claimants have had legal assistance.

Having that expertise not only strengthens your position but significantly increases your chances of receiving a fair compensation for your losses.

What Happens If You Lose a Car Accident Claim?

Losing a car accident claim means you’ll have to pay for your own medical expenses and any lost income, as these costs are generally covered by compensation.

Here are the steps you might consider:

  1. Pay Your Own Expenses: You’ll need to manage and pay for your medical treatment and any income you’ve lost.
  2. Consider an Appeal: You can appeal the decision if you have new evidence or can show mistakes were made in the initial review.
  3. Get Legal Help: Seeking help from a lawyer can improve your chances in an appeal or in filing a new claim.
  4. Understand Why Your Claim Was Denied: It’s important to know why your claim wasn’t successful to help you decide whether to appeal or submit a new claim.

FAQ About Car Accident Claims

Can I Claim the Financed Amount Rather Than the Market Value of My Car in a Car Accident Claim?

Unfortunately, in Australia, accident claims for vehicles only cover the market value at the time of the accident, not the remaining balance of your loan.

Here’s what you should know:

  1. Market Value Consideration: Your insurance will evaluate your car’s worth based on its age, condition, mileage, and depreciation.
  2. Total Loss Scenario: If your car is deemed a total loss, the payout will strictly be the market value.
  3. Documenting Evidence: Maintain records such as maintenance receipts and independent valuations to support your claim.
  4. Gap Insurance: Consider taking out gap insurance to cover the difference between the market value and what you still owe on your finance.

However, it is highly recommended to get a car assessment to establish the true value of the vehicle, so that you can get compensated fairly. Insurance companies often undervalue vehicles to try to reduce payouts.

Can You Claim New Seats After a Car Accident?

If you’ve been in a car accident and the seats were damaged, you might be wondering if you can claim the cost of replacing them.

The good news is that under property damage compensation, you can include the cost of new seats in your vehicle repair claims.

The amount you can claim will depend on how severe the damage was, the original value of the seats, and the insurance policy limits of the person at fault.

Can You Take out Insurance Cover on the Day of the Accident and Lodge a Claim the Same Day?

Trying to get insurance cover on the day of a car accident and making a claim for that same incident isn’t allowed under Australian law. Here is what you need to understand:

  1. Existing Coverage Needed: You must have insurance in place before the accident occurs. You can’t start a policy after an accident to cover that event.
  2. Waiting Periods: Many policies have waiting periods which stop you from claiming right after the policy starts. This ensures that the coverage only begins after this time.
  3. Personal Responsibility: If you aren’t insured at the time of the accident, you’re personally responsible for all damages.
  4. Fraud Penalties: Buying insurance after an accident and trying to claim for it can be seen as fraudulent, leading to your claim being rejected and possible legal action against you.

Always make sure you have valid insurance before driving to avoid any potential liabilities.

Can You Keep the Money From a Car Accident Claim, or Do You Have to Repair the Car?

In Australia, you aren’t required to use your car accident compensation only for car repairs. The money can be used for a variety of damages including medical costs, property damage, and even pain and suffering.

Make sure to keep all receipts and document your expenses related to the accident, as this proof supports your claim and ensures you get the full compensation you’re entitled to.

Need Help With a Car Accident Claim?

We at National Assessing & Engineering offer a range of services to help you with your car accident claim including vehicle assessments, post repair inspections, court appearances and expert witness reports, CDR reports and more. We can help you get the evidence you need to build a stronger case and ensure you get fairly compensated.

Speak to us today by calling 1800 844 999.