Accident Claim Australia
Accident Claim Australia is restricted.
In most cases the vehicle which caused the accident is considered to be “at fault”. You must be able to prove that your injuries were as a result of the fault of the owner or driver of the other motor vehicle.
Pedestrians can also claim where they are injured by the fault of the driver of a motor vehicle.
A person who witnesses a death as a result of a motor vehicle accident can claim for “nervous shock”. Nervous shock is a known psychiatric disorder caused as a result of witnessing the motor vehicle accident.
Close members of a victim’s family (including parents, children but not grandparents uncles or aunts) may also claim for “nervous shock” even if they did not witness the death.
For accidents after 1 October, 2007 a claim may now be brought by an injured person pursuant to the “Blameless Accident” provisions.
This allows an injured person to make a claim where he or she cannot prove negligence by another driver but the accident was inevitable. This may cover cases where there is an unexpected mechanical failure or accidents caused by a stray animal.
How do I make a Motor Accident Claim Australia ?
There are a number of steps to making a claim:
- Report the accident to the Police
You must report the accident to the Police as soon as possible, and in any case, within 28 days after the accident.
- Find out the NSW registration number plate of the motor vehicle you consider caused the accident.
You will need to have the registration number plate details of the motor vehicle you consider caused the accident together with the name of the driver and all other details of the accident.
With the Personal Injury Claim Form is a medical certificate which you need to have completed by your doctor.