If you are injured in a car accident where you were not at fault, you can claim compensation for your medical and other expenses from the other party involved in the collision.
In order to do this, you need to prove that the other party were responsible for an/or negligent in causing the accident.
However, how do you go about getting a car accident settlement in Queensland?
Before you can claim for a personal injury as a result of a car accident, you need to report the accident to the police.
This is preferably done as soon as possible after the accident.
If your injuries or hospitalisation prevent you from reporting the accident, you should get a lawyer or another person to do this for you stating that you cannot make a statement regarding the accident yourself.
You should also take and keep photographic evidence of the accident scene as well as damage to the vehicles and personal injuries that were sustained.
You will also need to keep all your medical records and bills related to the injury.
Any other documents that can support your claim should also be kept and provided to the relevant insurance providers, lawyers etc.
It is absolutely critical to get legal advice from a lawyer as soon as possible as any delays can seriously affect the outcome of the case.
A lawyer will assist you in assessing whether you have a case and what you can claim for.
They will evaluate the documents that you have collected and may even institute further investigations if necessary.
In Queensland, the following factors are used to calculate compensation for a car accident settlement:
A consultation to evaluate your case is normally provided free of charge by a lawyer.
You will need to notify the third party of the claim that you are making against them where-after they will have thirty days in which to notify their insurance provider of the claim.
Owners of cars that are used on public roads in Queensland are required by law to have third party or liability insurance.
If they are not insured, the claim made against them will need to be paid by them in a personal or private capacity.
If they are covered by insurance, the legal team representing them will be in contact with you regarding the claim and to collect any documentation and evidence that you have.
It is highly recommended to have a lawyer deal with informing the third party and to deal with their lawyer or relevant insurance provider and their legal representatives.
In most cases, a settlement will be reached between the lawyers representing the two parties where compensation will be paid at an amount agreed upon and according to specific terms and conditions.
If either party does not agree to the settlement, the case will proceed to court where a judge will decide whether compensation should be awarded and in for amount.
Whether a car accident claim is settled in or out of court, a lawyer can be of great benefit.