Car accident injury claims: 10 tips to secure the highest payout
A car accident can turn your life upside down in a split second. If you’ve been injured by another driver’s negligence, you may be eligible for significant compensation to cover lost income, medical expenses, and the emotional toll on your life.
Below, you’ll find our top 10 tips to get the maximum payout for your car accident claim. If you’d prefer to talk to a lawyer about your case right away, just give us a call. Our expert legal team is always available to provide free advice on your rights and options.
10 tips to get maximum compensation for your accident injury
- Collect evidence at the accident scene: if it’s safe, try to gather as much evidence as you can at the accident scene. Take photos of the vehicles involved, any visible injuries, and the surrounding area. If anyone witnessed the accident, ask for their contact details so you can get statements later to support your claim.
- Seek medical attention: be sure to see a doctor right after the accident, even if you feel fine or think your injuries are minor. This not only ensures you get the care you need, but medical reports serve as key evidence for your claim. Additionally, if any injuries take a while to develop, those initial medical records can help connect them directly to the car accident.
- Report the accident immediately: it’s important to let both the police and the other driver’s insurer know about the accident as soon as possible. Some states have specific time limits for reporting; for instance, in NSW, you need to report to the police within 28 days of the accident. Waiting too long can make it harder to prove your claim and may give the insurer more reason to challenge it.
- Follow your doctor’s recommendations: make sure to stick with all prescribed treatments or rehabilitation. Skipping medical advice can hurt your claim by suggesting that your injury isn’t as serious as you say.
- Keep detailed records: ensure you document all your medical bills, lost income, travel expenses, and any other costs related to the accident. This documentation is vital for demonstrating how the injury has affected your life, ensuring you’re fully compensated for the physical, financial and emotional impacts.
- Don’t give statements to insurers: It’s important to talk to a lawyer before giving a recorded statement to the other party’s insurer. Additionally, if the insurer is asking you to sign a statement you’ve made — even if it looks accurate to you — make sure to seek legal advice before signing anything. Insurers can (and will) use anything you say to minimise your compensation.
- Be mindful of what you post online: avoid sharing details about your accident or injuries on social media. Insurers often look at your posts to find anything that could downplay the severity of your injuries, so it’s best to keep your situation private.
- Don’t settle too quickly: you only get one shot at compensation, so don’t rush into accepting an offer until you’re fully recovered or know what your long-term medical needs are. Car accident injuries can take a long time to stabilise, and settling early can mean accepting less compensation than you’re entitled to. Before accepting a settlement, make sure to get legal advice. This is the only way to be certain your compensation reflects the full physical, emotional, and financial impact of your injuries.
- File your claim within your state’s time limit: you must file your car accident claim within your state’s time limit to avoid missing out on compensation. For example, in NSW, you have three months from your accident date to file an Application for Personal Injury Benefits form with the Personal Injury Commission. To learn more, head to our complete guide to car accident time limits. If you’re already outside your state’s time limit, there are still options available — just reach out to an experienced car accident lawyer today.
- Speak to an expert lawyer: before filing your claim, it’s a good idea to talk to a lawyer who specialises in car accident compensation — particularly if your case involves multiple parties, unclear liability, or any other complexities. A lawyer will gather strong evidence and manage negotiations with the insurer to ensure you get the maximum compensation. Plus, if the insurer is offering a low settlement or denying your claim, your lawyer can take them to court to fight for the compensation you deserve.
What does my compensation include?
If you weren’t at fault for the accident, you could receive significant lump sum compensation. The exact amount depends on which state you’re in and the severity of your injuries.
Depending on your situation, your compensation may cover:
- Lost earnings.
- Loss of future earning capacity.
- Pain and suffering.
- Reduced life expectancy.
- Medical expenses.
- Professional care and assistance.
- Support from family and friends.
To learn more about how much you could receive, head to our detailed car accident compensation guide.
Can I claim compensation if the accident was my fault?
If the accident was your fault, your options for claiming compensation are more limited.
In NSW, Victoria, South Australia, Tasmania, and the Northern Territory, you can still make a claim even if you were at fault. However, in Queensland, Western Australia, and the ACT, you generally can’t claim compensation if you caused the accident.
In states where at-fault claims are allowed, you can typically claim for basic expenses such as:
- Lost income.
- Medical expenses.
- Professional care costs.
The exact amount you receive depends on which state you’re in. To find out more about your entitlements, head to our guide to CTP car accident claims.
How we can help you
If you’ve been injured in a car accident, getting basic compensation might seem simple. But basic compensation often falls short when it comes to ongoing medical expenses, domestic care costs, and the emotional impact of your injury. That’s where we come in.
Our lawyers use proven legal strategies and expert evidence to establish liability in even the most complex cases. We’ll also explore any additional claims you might be eligible for, like common law damages and TPD, to make sure you get the maximum compensation for your injury.
As the 2020 ‘Compensation Law Firm of the Year in Australia’, we have the experience and skills to take on even the largest insurers.
Reach out today for a free consultation on your car accident claim. We’ll explain whether you have a claim, what you’re entitled to, and how to maximise your total payout.
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