How liability is determined in motor accidents?

Personal injury law states that if a reckless action or behaviour resulted in harm to someone who has taken care of themselves, the party liable for the accident will be demanded to cover the victim’s loss. Loss can be in physical form or physical incapacity which will directly or indirectly affect the victim’s capacity to in the future. If the loss cannot be compensated sufficiently, it is not a simple matter to avoid future financial difficulties and one might be overwhelmed by these difficulties. However, the process can be managed smoothly with the assistance of a competent professional and the victim’s sufferings can be minimised. Motor vehicle accidents that end up with hospitalisations has reached a peak with the increasing population and high demand for motor vehicles. Even before registering a vehicle to the traffic and getting a driver’s licence, the vehicle owners and pedestrians are suggested to understand the laws as unfavourable accidents can arise out of nowhere. On such occasion, drivers, pedestrians and passengers that get involved in a collision can benefit from CTP entitlements and recover their injuries.

Compulsory Third Party – CTP insurance benefits

CTP insurance, which can be encountered as a Green Slip is a compulsory insurance scheme enforced by each State’s jurisdictions to aid people suffering bodily harm and economic loss due to these injuries. However, property damage isn’t covered by the CTP insurance and such privileges can be obtained only by property damage insurances. CTP’s sole aim is to provide monetary benefits to people suffering injuries and financial difficulties as a result of medical expenses, being off work and severe injuries/medical conditions, which decrease the victim’s capacity to earn.

Relevant CTP insurer can be contacted prior to making a claim. Fortunately in Australia, both parties at fault and not at fault can claim monetary benefits for a limited time, though, the victim’s entitlements are valid for a longer time, and can be awarded lump sum compensation unlike those who were wholly at fault.

Liability in motor vehicle accidents

Traffic violations such as improper lane changes, disobeying speed limits and signs will play a key role while determining liability in motor accidents. However, as the victim is lodging a complaint, they will also carry the responsibility to prove the wrongfulness that caused the accident. During the process, it is expected from the claimant to provide the insurer -or if necessary, the court- with sufficient evidence. Generally, taking notes of how the other party violated the rules and breached the regulations, collecting witness statements, pictures and footages are counted as evidence. If succeeded, the insurer can accept the liability, cover the victim’s loss and solve the process without having need of a court process. Additionally, the exact opposite might also happen. In this case, the insurer has no authority to make the final decision and the case can be carried to the court. The insurer might not be satisfied with the claim, deny the liability or offer a settlement which might not be sufficient for the victim. In all cases, the victim has rights to carry the case to the court.

Motor accident claim process

If both parties can’t reach an agreement, the case can be carried to the court. However, a strong and determined representation can solve the process in a shorter time. This can be important as focusing on such a claim while suffering injuries can be challenging. Prior to lodging a claim, having the case evaluated is important as knowing your rights before taking an action will lead to a better outcome. Having a traffic accidents lawyer can be especially beneficial during the claim as these never-ending legal terms can confuse you and a professional is likely to fight for your rights to be compensated at the maximum amount possible.

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