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Who Can Claim Compensation After A Car Accident?

car accident lawyers

Car accidents of any kind can be devastating for all parties involved and can often end in life-changing injuries that not only affect your lifestyle but also your earning capacity. A person has the right to seek compensation if they have been involved in a car accident if they were the driver, passenger, cyclist or pedestrian who sustained an injury.

Who pays the compensation?

In Queensland, the claim is made against the CTP insurer of the other vehicle or driver who was at fault. If you cannot identify the vehicle that caused the crash, or it wasn’t registered or insured, you may still be able to make a claim against the Nominal Defendant. The Nominal Defendant is a statutory body established under the Motor Accident Insurance Act 1994 for the purpose of compensating people who are injured as a result of negligent driving of unidentified/uninsured motor vehicles. 

Compensation for Passengers

If you were a passenger in a vehicle and the driver was at fault, you may be entitled to compensation. Generally, you will be required to prove that the ‘at fault’ driver was negligent and caused your injury. There are various other factors taken into consideration and assessing whether a passenger is entitled to compensation, so it’s important to seek legal advice from a compensation lawyer to find out if you have a claim.

Compensation for Pedestrians

In most cases, a pedestrian is someone walking along the side of the road, standing on the footpath, crossing the road or working on the road. If you have been injured while doing any of these things, you may be entitled to compensation. Drivers have a duty of care to drive safely and carefully to avoid causing injury to anyone.

What can I claim?

The process of determining the exact amount of car accident compensation is often complicated and involves the examination of medical evidence and the person’s individual circumstances. Some of the things taken into consideration are:

  • Any sick leave, wages and superannuation that has been lost as a consequence of the injury;
  • The likelihood of the loss of wages and superannuation into the future;
  • Medical costs you have incurred because of the injury (both past and future); and
  • The costs of family members or loved ones taking time to care for the injured person.

To find out if you have a claim, speak to an experienced compensation lawyer. Get in touch with Cairns Compensation Lawyers. 

 

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