A lot of people don’t know that if you are the driver in a single vehicle accident you may be entitled to compensation from the Compulsory Third Party Insurer of the vehicle.
Anyone injured in a motor vehicle accident is entitled to receive up to $5,000 for loss of earnings and medical expenses incurred in the first six months after an accident. It doesn’t matter who is at fault. There are some strict requirements. The accident must be notified to the Police and a Personal Injury Notification form must be lodged with the insurer within 28 days of the accident.
To receive compensation after this initial period or for longer than 6 months you must show fault on the part of the owner of the vehicle that you were driving in. This can occur where the owner of the vehicle has failed to properly maintain or repair the vehicle and that failure causes or materially contributes to an accident. This could happen in more circumstances then you might first think. Some situations where an owner may be found to be at fault could include:
- If the car had bald tyres and the car lost traction on a wet road or going around a corner causing an accident.
- An engine failed due to lack of oil and the owner ought to have been aware of this if they had properly maintained the vehicle.
- There had been a recall for a safety issue and the owner of the vehicle had ignored product recall notifications. It is possible that if a person was injured as a result of a Takata airbag malfunction that the owner of the vehicle could be found to be negligent if they had ignored all the warnings to check whether their vehicle was affected.
Each situation would have to be carefully reviewed to determine the cause of the accident and whether the failure of the owner to properly maintain and repair the vehicle was substantial cause of the accident. There are time limits for making a claim for damages for injuries arising from a motor vehicle accident. There are also procedures that need to be complied with.
If you have been injured in a motor vehicle accident contact us to discuss your entitlements to compensation.