Car fatalities are not uncommon in Australia. But when you’re involved in one, you can apply for a personal injury claim to cover your medical expenses. In some cases, you might be eligible to receive workers’ compensation if you were going to or returning from your workplace. Visit website of a trusted attorney for immediate legal counsel to emerging out of this messy situation.
Personal Injury Claim
Personal injury is simpler to claim than worker’s compensation. This fact is covered under the CTP or Compulsory Third Party insurance. It is compulsory for all Australian residents at the time of vehicle registration.
The insurance is covered under the Policy of Insurance section of the Motor Vehicles Act of 1959. The Policy protects you and whoever is registered with the vehicle against any financial damage that results from a car accident. This Policy is applicable to both injury and death caused by accidents anywhere within Australia.
You pay premiums, which then cover your expenses.To avail of the benefit, you must file a claim with the insurer. If it’s entirely your fault, you may not receive the benefit unless the insurer is convinced that it was not entirely your fault. This situation is common if you bumped into a tree or went off-course.
In case the collision was with another vehicle, you can file the claim with the other driver’s insurer if you believe they are also responsible for the accident.If the other vehicle is untraceable or not insured under CTP, the State Regulator will compensate you under the Nominal Defendant Scheme.
Please note CTP will not pay for any damages caused to the car. This rule is part of your auto insurance.
There are accidents where it’s not the fault of the driver. Such accidents are when:
- The driver suffered a cardiac arrest and thus lost control of the vehicle.
- There was unexplainable mechanical damage in the car that caused the car to go out of hands.
- There was a collision with an animal on the road, which was unavoidable.
In such cases, you can file for personal injury compensation. Visit the website of a famous attorney for more information.
Workers’ Compensation Claim
You can file for workers’ compensation claims if you’re involved in a car accident while at work. In some cases, you can file even when the accident didn’t take place at work.But specifically, if the accident took place when commuting to work, it’s easier to file for workers’ compensation. You can file for the Journey Claim, which covers these motor vehicle accidents under the Workers’ Compensation & Rehabilitation Act 2003.
The insurer can also reject the claim if there has been a substantial deviation from the usual journey route. In this case, it’d be termed as “Abnormal Risk.”If that’s the case, your injury claim will be called voluntary and unreasonable.
Alcohol influence plays a significant role in deciding the fate of the claim. If you’re under the alcoholic influence when driving to or from the workplace, your claim will be rejected.If you’re severely injured in an auto accident and your disability is permanent, you can seek lifelong support. This point is under the Lifetime Care and Support scheme. Brain injuries or spinal cord injuries are covered under this scheme.
It’s crucial to consult with a personal injury lawyer before you file the claim. They can help you file for the right compensation plan for which you are eligible.