What is the Process of a Personal Accident Insurance Claim?

If you are injured in your place of work or a public place, you might be entitled to compensation if you file a personal injury claim. In this article, we'll examine how to receive compensation for accidents that were not your fault, including the list of compensation payouts. We'll particularly focus on the process for obtaining motor accident compensation, including what to do when you have a minor car accident in NSW. Let's dive in.

There are three common types of personal injury claims:

Work-Related Injury Claims

Work-related compensation supports employees medically and financially who have suffered injuries during the course of their employment. Examples of work-related injury include repetitive strain injury, industrial deafness, exposure to chemicals and slips, trips and falls.

Negligence

Another form of personal accident injury claim is for professional and medical negligence. Negligence refers to errors committed by professionals that fall below the standards of their profession. For example, medical negligence might take the form of misdiagnosis or surgical errors. If the medical professional's duty of care is provably filed, you might be eligible to successfully make a personal injury claim. To find out if you might be eligible to pursue a negligence claim, get in touch with our lawyers today.

Motor Vehicle Accidents

Undoubtedly, experiencing a motor vehicle accident can lead to worries about covering medical expenses and the potential loss of income resulting from being unable to work because of your injuries. With the right support by your side, however, you can navigate the claims process, ensuring that you receive due compensation.

Motor Accident Guidelines

Understandably, you might be wondering what are the steps to be done in case of accidents? Following these steps can help you successfully claim compensation from accidents.

If seeking car accident compensation for pain and suffering, it's essential that you make a claim under the motor accidents scheme within 28 days of the accident. Notably, the accident must also be reported to the police.

1. Report the accident

To begin the compensation process, report the accident to a relevant person or authority. For example, if the accident happens at work, report it to the employer. If the accident happens in a public place, report it to the local authority. If it's a motor accident, notify the police and obtain a Traffic Incident Number (TIN).

1. Seek medical advice

It's crucial in terms of claim success and your well-being that you consult with a doctor for a medical or diagnostic report. The opinion of a qualified medical professional will strengthen your claim. If you require medical treatment, you must receive it. During the process, ensure that you keep a record of any medical payments or expenses.

1. Lodge a claim with the relevant authority

The relevant authority will change depending on the personal injury claim.

• If you're filing a workers' compensation claim, it might be necessary to follow a specific procedure. Consult with your employer or a specialist lawyer to understand the correct approach.
• When submitting a motor vehicle accident claim, you need to contact the insurance provider of the responsible vehicle's owner or driver.
• Similarly, for public liability claims, you must file with the insurance company representing the individual or organisation at fault.

1. Seek specialist legal advice

Receiving specialist legal advice will help you understand how the claims process works, the length of time it is likely to take, and your legal rights and entitlements.

In particular, anyone who is involved in a motor vehicle accident can apply for compensation. Regardless of whether you're a cyclist, driver or pedestrian or whether the damage is physical or psychological, you may be eligible to claim compensation.

Anyone involved in motor vehicle accidents is entitled to motor vehicle accident compensation payouts NSW under the Motor Accident Injuries Act 2017. This legislation details the procedures for claiming compensation for injuries sustained in vehicle accidents, ensuring that victims of personal injury receive proportionate medical and financial support. A critical component of this process involves the car accident fault determination rules NSW, which establish the criteria for assessing liability and determining the extent to which each party is responsible for the accident.

Your claim may be determined to be a 'minor injury'. Assessing whether a motor vehicle injury victim has endured a 'minor injury' as defined by the Act can be contentious. A 'minor injury' is categorised as one of the following:

- Soft Tissue Damage; or

- Minor Psychological or Psychiatric Harm.

If your insurer classifies your injuries as minor and you contest this decision, we would recommend immediately contacting specialised legal help.

How Long Does a Compensation Claim Take to Settle?

You should reach the outcome of a personal injury claim within 28 days. For those wondering how long do most car accident settlements take, the answer remains the same: 28 days for the claim to be accepted or rejected. If you are awarded financial compensation for your personal injury case, make sure to consult with your lawyer to prevent relinquishing your right to additional damage claims or accepting a lower compensation than you deserve.

The amount of compensation you will receive depends on what claim you're pursuing. For example, you can receive compensation for:

• Suffering and emotional pain
• Reduced income
• Medical and treatment costs
• Assistance with household tasks
• Other potential losses

You may also be entitled to:

• Weekly compensation.
• Referrals to healthcare specialists and rehabilitation services

One of the most important aspects of claiming personal injury to remember is that, in order to qualify for statutory benefits through the NSW Motor Accident CTP Scheme, you must file a claim within 28 days following your accident. This no-fault program ensures that individuals injured in accidents are eligible for benefits lasting up to 52 weeks for accidents that take place after 1 April 2023.

If you're interested in applying for a personal injury claim in NSW, then Marsdens Law Group is here to help. Our team of highly experienced lawyers have helped hundreds of people across NWS successfully claim personal injury compensation. Contact us today to speak to one of our lawyers.