Receiving a payout for a car accident claim can take a long time, even if one driver was clearly at fault. While you’re waiting for money, you could find yourself in a difficult financial situation.
Injuries could limit your ability to work or completely eliminate your stream of income. While you’re struggling to pay the monthly bills, you may also have to come up with funds to cover medical expenses. So what happens when you are in a car accident and need to file for compensation?
How do you determine who is to blame for a car accident? There are a number of factors that are considered when reviewing each situation. First, if a driver admits fault at the scene, this could count as accepting responsibility when it comes to compensation. Saying things like “I didn’t see you” or apologising can be considered taking the blame for the incident.
Witness accounts will be recorded and used when figuring out who caused the accident. Evidence from the scene will also be gathered to back up any statements made and help determine who should be paid.
Splitting the Blame
Sometimes a series of circumstances come together that causes all drivers involved to contribute to the outcome an accident. For example, if someone doesn’t stop when they should, they could pull out in front of another driver who is on their phone. This causes the second driver to have a delayed reaction which leads to a collision with a third driver that wasn’t paying attention. In this scenario, both drivers did something wrong, so a percentage of the liability will be assigned to each.
No-Fault CTP Insurance
No-fault CTP insurance was recently introduced in Queensland. This type of coverage provides compensation without the need to establish legal blame. Australians involved in car accidents can receive funds to help pay for medical treatment and lost income sooner.
This isn’t the case in all states. Those that use the at-fault approach require legal blame to be assigned before any compensation is dispersed. If a driver cannot prove that they were not at fault, then they will not receive the money they desperately need to recover and get back on their feet again.
How Do I Make a Claim for a Vehicle Accident if No One Was at Fault?
You will need to file a claim if you are in a vehicle accident, even if no one was at fault. The best way to begin is to contact a legal advisor to ask about the process and your best course of action. Find out what compensation you may be eligible for and what documentation and evidence will be needed to make your case. Carew Lawyers are ready to assess your claim and help you work towards the best possible outcome.
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