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Unexpected car accidents can be overwhelming, but knowing the legal steps to take can help you stay calm and act appropriately. This guide outlines essential legal knowledge to assist you in handling a car accident in Australia effectively.
When Should You Call the Police?
You are required to report the accident to the police in the following situations:
- If someone is injured.
- If the accident involves a vehicle that needs towing.
- If the other driver flees the scene, refuses to exchange details, or appears to be under the influence of alcohol or drugs.
- If you are responsible for the accident and do not have insurance, as a police report will be necessary.
In other cases, you should exchange information with the other party and report the incident to your insurance company.
Essential Information to Collect
To ensure a smooth claims process, gather the following details:
- The other driver’s licence details (take clear photos of both sides of the licence, including their home address, contact details, and licence validity).
- Verify their phone number by calling it on the spot.
- Vehicle details, including make, model, year, and licence plate number.
- Photos of the accident scene, including skid marks, debris, and any property damage.
- Records of the time, location, weather conditions, traffic conditions, and any other relevant factors.
- If you are the victim, find a witness and collect their contact details to prevent the other driver from denying responsibility later.
Understanding Compulsory Third Party Insurance (CTP)
Compulsory Third Party (CTP) insurance covers personal injury compensation. It is included in vehicle registration and must be purchased by all drivers.
If you suffer an injury in a car accident, you may be eligible to claim compensation through CTP insurance. Even minor injuries such as dizziness or mild bruising can be eligible for compensation.
- For mild symptoms like headaches, compensation may exceed $1,000.
- For moderate pain, such as severe headaches or shoulder strain, compensation can be around $5,000.
- For serious injuries, including fractures, compensation can amount to tens of thousands of dollars.
How to Apply for CTP Compensation
To claim compensation, you must submit an accident notification form to the relevant CTP insurance company within 28 days of the accident. The insurer will assess your claim and determine whether they will cover your reasonable medical expenses and lost income within 10 days.
Navigating the claims process can be complex, and professional legal assistance can significantly increase the chances of a successful claim. Statistics show that engaging a lawyer can raise the success rate from 10% to 80% and substantially increase the compensation amount.
Final Thoughts
Knowing your legal rights and responsibilities after a car accident can help you manage the situation more effectively. If you need professional assistance, legal experts can guide you through the claims process to ensure you receive the compensation you deserve.
Need Legal Assistance? Contact our team for expert legal advice and representation.