Commonly asked questions about car accident compensation claims:

If you were partly at fault, then you may still be entitled to receive compensation, although your potential claim amount may be reduced. According to the State Insurance Regulatory Authority, you can be found to be partly at fault in the accident if you were:

  • driving at an unsafe speed
  • travelling in a vehicle when you knew the driver was affected by alcohol or drugs
  • not wearing a seatbelt
  • not wearing a helmet on a motorcycle or bicycle
  • driving under the influence of alcohol or drugs

The level of cover your receive in the event of a road accident is different for all private health insurance providers. Some providers may only cover you for your immediate hospital admission expenses in the event that you have been injured in a car accident. Check with your individual insurer for more details about your level of cover.

If you are the driver or passenger of a vehicle involved in a single vehicle accident, then you may not be entitled to compensation, even if the accident was not your fault and was caused by sudden illness (such as a stroke or heart attack), or the vehicle experienced a sudden mechanical fault resulting in the accident such as brake failure. Contact a lawyer for more information.

Generally, car accident claims must be made within 3 years of the accident occurring. However, things tend to get more complicated the longer time is left, so we recommend you contact a lawyer as soon as possible after the accident occurs. However, we understand that some injuries, such as whiplash, can take many months to manifest themselves or start causing you pain, so we recommend that you do a few things as soon as the accident happens, regardless of whether you feel immediate pain or not, including:

  • Reporting the accident to police – Record the date and time of the accident, where it occurred, and details of what exactly happened (to the best of your memory).
  • Getting a medical check up – Your safety is the top priority. Visit your doctor and get a thorough examination.
  • Lodging an Accident Notification Form – This should be done within 28 days of the accident occurring and is different from a claim form.

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We’ll always be honest and upfront. We’ll look you straight in the eye and agree on a plan before moving forward.
We know the ropes and our professionals have expertise specific to every legal situation—many are Accredited Specialists.
We speak clearly and directly, so you understand our advice and can make decisions with confidence.
We’re local to wherever you are, and our offices are owned and operated by friendly, local professionals, proud of their communities.
We genuinely care about our clients. It’s the core of who we are and has been since the first practice was opened by ER Stack on the NSW Mid-North Coast in 1931.
We make the process easy for you with the latest tech to keep services cost effective—and you in control.

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