I Was At Fault - Can I Still Claim?

Home > Blog > I Was At Fault - Can I Still Claim?
car accident lawyers

| Preston Law

An insurance claim is a formal request to an insurance company for coverage or compensation for a covered loss or policy event. The insurance company validates the claim and, once approved, issues payment to the insured or approved interested party on behalf of the insured.

Car crash and fault

A car crash is a traffic collision that occurs when a vehicle collides with another vehicle, pedestrian, animal, road debris, or other stationary or obstructions such as trees, pole or buildings by the road.

It is assumed that if you drive in Cairns, there is a possibility that you will eventually be involved in a car crash or have incidents that could damage your car, hence if you are involved in a car crash there is a system of determining faults and the insurance company after investigations identifies who is at fault, and which driver bears the responsibility of the damages caused.


Negligence is a failure to act in a way that a reasonable person would when faced with the same situation and circumstances. In car crash situations depending on the level of negligence and the type of damage your insurance policy might still pay a claim if it occurs because of your negligence. 

Making a claim

In most cases, when a car crash involves two or more drivers on the road, the driver at fault usually bears the liability of paying for the damages caused. For most people this is not news that they haven’t heard before! Usually, the insurer of the driver at fault will cover the medical expenses of the other parties injured in the car crash as well as any property damage claims (i.e. repairing damage to the other driver’s vehicle).

The amount you can claim for a road accident differs depending on the extent of the injuries suffered, medical expenses, legal costs, as well as the circumstances of the car crash, so in some cases even if a driver is partially at fault, he/she can still claim even though the compensation may be reduced. It is always best to consult your Lawyer before making a claim.

Contact us at Cairns Compensation Lawyers for more information about your compensation claim on ph 4052 0700 

In Queensland, strict timeframes mean that claims for compensation must be lodged quickly or you will be unable to make a claim.The process usually takes about 12 – 18 months and your lawyer should be able to provide you with an estimate of how long it will take when they assess your case.