What to do if you are injured in a car accident?
Published on December 5, 2016 by David Tarrant
- If you are injured in a car accident and are NOT at fault, you can make a claim for treatment costs, lost wages, rehabilitation costs and care.
- At the scene of the accident, if at all possible, exchange details with the driver of the vehicle you believe is at fault. Make sure you get details of:
(a) Make of the vehicle;
(b) Model of the vehicle;
(c) Colour of the vehicle;
(d) Registration number of the vehicle.
- If the police did not attend the scene of the accident, you must report the accident to the police within 28 days and request that they provide you with an Event Number.
- As soon as practically possible, attend your general practitioner to be examined. They will note your accident in their clinical records and prescribe any treatment you need.
- Contact a lawyer who will assist you in the completion of an Accident Notification Form. The form includes a medical certificate which must be completed by your doctor and lodged with the Accident Notification Form with the driver at fault’s CTP insurer within 28 days.
If you provide the registration number and the make and model of the vehicle that was at fault to your lawyer they will provide you with the details of that car’s CTP insurer.
Lodging an Accident Notification Form with the insurer does NOT make a formal claim.
To make a formal claim, you must complete and submit a Personal Injury Claim Form with the CTP insurer of the driver at fault within six months of your car accident.
The Personal Injury Claim Form can be lodged at any time prior to the six month date.
It is important to consult a lawyer to assist in the completion of the form because an incomplete or incorrect completion of the form can have dire consequences for your claim.
Most lawyers will act for you on a ‘no-win-no-fee’ basis which means there are no upfront costs to you.
The Motor Accidents Act is a minefield of limitation dates which will have an impact on your claim if one is missed.
It is important to contact a lawyer as soon as possible to help advise and navigate you through this process.
For more information contact Carroll & O’Dea Lawyers.
Full fact sheet can be found here.