Injured in a Car Accident

If you were involved in a motor vehicle accident and were:

• the driver of a vehicle
• a passenger
• a pedestrian
• a cyclist, or
• involved in any other way in a motor vehicle accident that was not your fault,
  you may have a car accident compensation claim.

In some states, even drivers who were at fault have entitlements if catastrophically injured in a car accident. This is why we offer an initial free interview at TGB Lawyers. In most cases, our Car Accident Compensation Claim team will be able to tell you if we think your claim will succeed after you discuss the circumstances of the accident with us.

Here’s a brief outline of the initial steps involved in making a car accident compensation claim, if you are injured in a motor vehicle accident:

1. Contact the CTP Insurer of the driver who is at-fault – they will provide you with a claim form to complete.
2. Seek medical advice and obtain a medical assessment as soon as possible after the accident. You will need the medical certificate from this assessment to lodge with your claim.
3. The process beyond these initial steps varies from State to State – but you may be required to sign various documents including certificates, declarations and affidavits relating to your claim.
4. It is important to contact a lawyer who is an expert in car accident claims in your State or Territory, to give you the best possible chance of receiving the maximum compensation available to you.

If we believe you are eligible for a motor vehicle accident claim, we will handle all negotiations with the relevant insurance company direct while you focus on your recovery. We will get medical reports from doctors relating to your injuries, notify the other people in the accident and attend the scene of the accident if required.

Our focus is on supporting you throughout the MVA claims process, while you focus on your recovery.

It is important to note that the insurer will pay the majority of your legal costs if your motor vehicle accident compensation claim is successful. TGB Lawyers will recover as much of your legal costs from the insurer as possible should you win.

We will also not charge you legal fees until your claim has been finalised. You therefore have to pay nothing from your own pocket until after your claim has been resolved.

Throughout your car accident compensation claim we will liaise with you, the insurance company and the doctors to gather enough information to accurately assess your compensation.

In most cases we will pay the cost of medical reports and other expenses during the course of your claim (or get the insurer to pay for them). This way, you are not out of pocket during the course of your claim.

It is important to note that once your car accident compensation claim is settled, that is the end of the claim. The settlement is final, and your case is closed. There is no option to seek additional compensation in the future for the same accident. Because of this, it is important to obtain expert advice before settling your claim, so you are fully informed with the decision you are making at the time.

The length of your motor vehicle accident claim depends on how severe your injuries are, and how long it takes you to recover from them. Your claim cannot be finalised until you have fully recovered or you have recovered as well as can be expected (in the opinion of your doctors). This is because an assessment of your future medical expenses and permanent incapacity will form a part of your claim. Once your claim has been finalised it can’t be changed, so it is important that your claim not be resolved until we are fully informed about what future problems you may have.

Your entitlements will vary depending on the circumstances of your motor vehicle accident, and when the accident occurred. Before your car accident compensation claim is finalised we will take into account:

• your pain and suffering,
• the wages that you have lost (from not being able to go to work),
• the medical expenses that you have incurred and might incur in the future,
• your loss of future earning capacity (if your future ability to work is reduced),
• help required around the home, either paid or voluntary assistance, and
• rehabilitation costs, including re-training costs if applicable.

We will discuss these entitlements with you to keep you updated throughout your claim.

Strict time limits apply to motor vehicle accident compensation claims. In many States and Territories you have 6 months from the date of the accident in which to make a claim. Because of this, we recommend that you get legal advice as soon as possible after the motor vehicle or car accident, especially now that new, complex laws have been introduced in some States which may impact your entitlements. Our experienced team of motor vehicle accident compensation claims lawyers at TGB Lawyers can help you navigate the MVA claims process to make sure you get the compensation you deserve.

It is not likely that your claim will end up in a court room. Seeing a lawyer does not mean that your claim will be delayed or result in a trial occurring. In fact, if you engage a lawyer to help you, it should resolve more quickly than if you proceed by yourself.

In most cases, the simple answer is yes.

Compulsory Third Party (CTP) Insurance covers the liability of anyone who drives a registered car, for injuries caused to passengers and other road users in an at-fault motor vehicle accident. CTP insurance is compulsory, and is paid at the time of registering any vehicle. It is there to protect any injured parties resulting from motor vehicle accidents (except the driver who caused the accident).

That basically means that if you are involved in an accident with another vehicle that is not your fault, the CTP Insurance belonging to the driver at fault will cover your injuries.

Sometimes people refer to a Motor Vehicle Accident Claim as a Compulsory Third Party Claim, or CTP Claim, because they are essentially one and the same thing.