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After a car accident, emotions run high, especially when it's not your car you were driving. That's when having a skilled lawyer is crucial. They can protect you and everyone involved from legal issues.
What if someone else is driving your car and has an accident? Even if you have car insurance or lists them as an allowed driver, you're still responsible if they cause the accident. This means you may have to pay for all the damages or, to avoid this, seek legal help.
In Australia, you must have CTP insurance to register a vehicle. However, this insurance only covers injuries from accidents you cause and does not pay for damage to your car, other cars, or property.
Where to start in the event of a car accident
There are two types of accidents to consider if injured: not-at-fault and at-fault accidents.
- Not at fault: If your friend was driving your car, but the accident wasn't their fault (for example, another driver hit your car), you can claim compensation from the responsible driver or their CTP insurance.
- At fault: If your friend caused the accident while driving your car, you can claim very limited payments from your own CTP insurance.
Once you have determined the type of car accident you have been involved in, it is time to consider the compensation you may be entitled to.
Car crash compensation for pain and suffering is a lump sum awarded to you to compensate you for the harmful impact of your injury, both mentally and physically. It's also referred to as general damages or non-economic loss. These lump sums can be substantial, but not everyone injured in a car accident in NSW can claim pain and suffering, so it is best to seek legal advice before assuming you may have grounds for a case.
- Ensure you are not taken advantage of: In a legal dispute, CTP insurance companies may also entice you into accepting lower compensation than what is due. A lawyer will vigorously represent you and ensure the CTP insurance company does not exploit you.
- Ensure your claim is strong: Compensation claims from car crashes are complicated, require much evidence and have strict procedural deadlines. For these reasons, it is crucial that you not only hire a lawyer, but do so from the very beginning. Claim submissions and their required documents have specific deadlines that, if not met, can break your case. When you're trying to heal, it's hard to stay on top of this, so leave it to a lawyer.
- Recover your financial resources: The immediate costs are not apparent when claiming compensation for a motor accident. However, a car accident lawyer will be able to foresee and assess all the amounts you deserve to be compensated for, ensuring that you lose no money for an accident that was not your fault. Some of the expenses your lawyer may claim include past and future economic loss and physical and psychological suffering.
Levels of Compensation
The level of compensation received if injured depends on various factors, such as:
- Severity of injuries
- Impact of the injuries on you including, for example, your capacity to earn
Types of Compensation
When a compensation claim for damages is made after a car crash, the type of compensation may, for example, include:
- Non economic loss including pain & suffering
- Loss of earnings or potential loss of earnings
What happens if someone else crashes my car?
If you've ever wondered who is liable if a friend or visiting relative borrows your car and gets in an accident, you're not alone. Trying to determine how lending your vehicle to someone impacts your insurance and how your car insurance policy works in a worst-case scenario can be confusing.
You may think you're covered for damages caused by another person driving your car because you have insurance. Unfortunately, this is not the case. While CTP insurance is a legal requirement for anyone registering a vehicle in Australia, it only covers personal injury claims arising from an accident you've caused. It does not cover the cost of damage to your car or other people's vehicles or property.
Regardless of the coverage your car insurance policy offers or who you nominate as a permissive use driver, you may still be financially liable in an at-fault driver situation. If a friend crashes your car, you may have to foot the total cost of damage yourself - or take the unpleasant route of suing your friend for the money.
Prominent Lawyers is a premier law firm boasting a group of experienced lawyers who act in relation to car accidents and injuries. Prominent Lawyers holds a well-established history of effectively supporting numerous clients dealing with damages resulting from car accidents, diligently aiding them in securing the rightful compensation to which they are entitled. Get in touch today.
