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What to do after a car accident

Being in a car accident can be a stressful situation. If you ever find yourself in one, the first thing you should do is to make sure everyone is OK and to call 000 if emergency assistance is required, such as the police, ambulance or fire services.

Details you should collect after leaving the scene of an accident

  • The other driver’s name

  • The other driver’s address

  • The other driver’s phone number

  • The other vehicle’s registration details (licence plate number)

  • The make and model of the other vehicle

  • The date and time of the accident

  • The location of the accident.

What to do if someone refuses to give insurance details

It’s required by law to exchange relevant contact and insurance details in the event of a road accident. However, if the driver of the other car involved in the accident has fled the scene without leaving their details or they simply refuse to, the accident now involves what is called an ‘unidentified driver’. It’s important in these circumstances to take reasonable steps to try and determine their identity, and to report the accident to the Police and provide them with as many details as possible to try and assist them in identifying the other party (car make and model, colour, any other revealing traits, etc). This can become an important step if you’ve suffered a serious and permanent injury because of the accident and want to pursue a common law claim with the TAC down the track.

You may still claim for compensation

If you don’t have the insurance details of the other party that caused the accident, or even if you caused the accident yourself, you may still be entitled to make a claim for compensation with the TAC. There are no-fault benefits you may claim, which are designed to provide support to anybody that’s been injured on the roads.

Appointments that suit you

We understand that there’ll be times when it will be hard to travel because of your injury. To make it easier, if you can’t get to one of our offices, we can meet with you over the phone or by video call or even visit you while you’re still in hospital.

Medical and like expenses:

  •  Hospital stays

  • Surgery/injections

  • Doctor appointments

  • Physio and chiro treatments

  • Radiology/scans

  • Medication

  • Travel expenses incurred in obtaining treatment

  • Child care, and home help expenses

For the first 90 days after an accident, you can get treatment for most medical services without pre-approval from the TAC.

However, after 90 days it’s important to seek the pre-approval of the TAC to continue your treatments without incurring out of pocket costs.

If you are out of pocket or if any of your medical expenses have been denied or refused by the TAC, you should speak to a lawyer to see if the decision can be reviewed and overturned. There are strict time limits which apply to reviewing a TAC decision so speak to a lawyer as soon as possible.

Loss of earnings

In addition to your medical expenses, you may also claim for loss of earnings if you’re unable to work your normal hours because of the injuries you suffered in the accident.

What does Compulsory Third Party (CTP) insurance cover?

CTP insurance covers a whole range of medical treatments, services, equipment, expenses and loss of earnings associated with or resulting from your accident. (It doesn’t cover damage to the vehicle itself or to your property.)

Here are few examples of what you may be able to claim under CTP insurance:

  • Hospital room fees

  • Surgery fees

  • Rehabilitation costs

  • Physiotherapy costs

  • Crutches, bandages, replacement broken glasses, pillows, braces and splints

  • Medication

  • Travel

This is just a small selection and there are policies associated with everything that CTP insurance covers. Exactly what you may be entitled to and the process for claiming this compensation varies by state. It’s important that you get advice on this, as well as the many rules and laws surrounding road injuries, before making a motor vehicle accident claim.

Strict time limits apply with TAC claims so we suggest you get legal advice and support as soon as you can after your accident to make sure your rights are protected.

The contents of this blog post are considered accurate as at the date of publication. However the applicable laws may be subject to change, thereby affecting the accuracy of the article. The information contained in this blog post is of a general nature only and is not specific to anyone’s personal circumstances. Please seek legal advice before acting on any of the information contained in this post.

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