How To Get A Car Accident Settlement – A Step-By-Step Guide

How To Get A Car Accident Settlement - A Step-By-Step Guide

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?

Step 1 – Documenting and Reporting the Accident

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.

Step 2 – Call A Lawyer

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.

Step 3 – Assessing 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:

  • Your age, general health, and occupation.
  • The severity and extent of the injuries resulting from the car accident.
  • The cause of the accident and therefore the injuries. For example, if the driver at fault was found to be driving under the influence, your compensation will be higher.
  • Whether the accident and resulting injuries resulted in a temporary or permanent loss of income. If you weren’t able to work for a few days due to hospitalisation or recovering at home and lost income, you can claim for this loss of income. If you were disabled or let go as a result, you can claim for future loss of income.

A consultation to evaluate your case is normally provided free of charge by a lawyer.

Step 4 – Notifying The Third Party

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.

Step 5 – Settlement Negotiations

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.

If you need a reputable law firm to help you with a car accident claim, please contact us at White Jordin Lawyers on 07 3211 8644 or through our website.

White Jordin Lawyers
White Jordin Lawyers value fairness, integrity and justice. They believe that all people have the right to access the legal system and to have their cases heard.