By Amanda Gilmour, Special Counsel, Travis Schultz & Partners
If you’ve ever been involved in a car or motorbike accident, it can be quite overwhelming and unnerving. Here are a few practical steps that can help during those immediate moments.
The Accident Scene
Remain as calm as possible and check that everyone is okay. If necessary, move any vehicles out of imminent danger, especially if the accident has occurred on a busy road or intersection.
Call 000 if anyone is seriously injured or if there is any significant property damage.
Take photos of the damage to the vehicles (including registration numbers) and the location of the vehicles on the road prior to them being moved, if possible. This can assist if there is a dispute between versions of events.
It’s important to exchange details with the other driver/s or other people involved in the accident including any witnesses. Keep a pen and paper in your car or use your phone to record those details. Try to get names, addresses, phone numbers or email addresses, driver's license number, car registration numbers and any insurance details.
If necessary, the police and other emergency services should attend the scene. They are required to attend an accident if there has been a fatality or serious injuries, if there is any danger to the public or if a driver appears intoxicated or won’t provide their details.
If the police don’t attend the scene, then the incident should still be reported to the police by calling Policelink on 131 444 or contacting your local police station. This is a requirement if a CTP compensation claim is to be made.
You should also report the incident and any vehicle damage to your car insurer as soon as possible.
Injuries and treatment
If you experience any injuries, pain or symptoms following an accident, you should seek medical treatment as soon as reasonably practical. It is important to ensure any injuries and symptoms are noted and any treatment is undertaken in a timely manner.
It can also be helpful to take photos of some injuries such as bruising, swelling or cuts.
Lodging a claim
It is important to know that there are strict time limits in Queensland for a person to make a compensation claim for injuries sustained in an accident. If those time limits are missed, a person may lose their rights to pursue a claim.
If you are injured in a car accident due to the fault of someone else, you may be entitled to lodge a compensation claim which would enable you to recover:-
- Reimbursement of any reasonable medical and treatment expenses which you have incurred;
- Rehabilitation funded by the CTP insurer;
- Compensation for pain and suffering;
- Loss of wages since the accident and in the future if your injuries have an impact on your capacity to work;
- Care and assistance; and
- Future medical and rehabilitation expenses.
Legal advice from a personal injuries lawyer should be obtained to understand your rights and ensure any entitlements are pursued and protected. For more complex claims, a QLS Accredited Specialist has a high level of knowledge and expertise in their area of law. Most law firms offer initial free, no-obligation advice.
