Palmers Compensation Lawyers specialise in personal injury claims, including motor accident injury claims. We also handle claims for vehicle and property damage claims occurring as a result of motor vehicle accidents or road incidents.
If you have a query about an injury you have sustained in a car accident or road incident, or you have sustained damage to your car, truck, motorcycle, bicycle, trailer etc, or personal property as a result of a motor vehicle accident, then feel free to give us a call on 1300 388 383 and we will be more than happy to assist you. You can also contact us with your enquiry via Livechat or by submitting one of our FREE Instant Case Appraisal forms on our website.
Your enquiry will be taken by an expert in motor accident claims and FREE of any charge, totally confidential and obligation free.
If you would like to know more about motor accident injury claims, then go to our webpage on this subject by clicking on the link: “Motor Accident Injury Claims”. In relation to claims for damage sustained to your motor vehicle or property in a car accident or road incident, we have set out the below information for your assistance.
THE AFTERMATH OF A MOTOR VEHICLE ACCIDENT
The aftermath of a motor vehicle accident is typically one of injury, vehicle damage, stress and inconvenience. And if you are injured in a motor vehicle accident and suffering the stress of chronic pain and restriction in your employment and daily living activities, then it makes it very difficult to deal with the other side of a motor vehicle accident – chasing insurers and at-fault drivers for the repair or replacement of your motor vehicle or property damaged in the accident.
Palmers Compensation Lawyers are motor accident claims experts and can help you deal with not only obtaining your compensation entitlements for the injuries you have sustained, but we can also help you deal with the problem of recovering repair and replacement costs of your damaged motor vehicle, as well as any personal property damaged in the accident.
Below, we have set out information to help you deal with the problems that usually arise when seeking recovery of your motor vehicle repair or replacement costs, following a traffic incident, as well as some important information you need to be aware of if you have sustained an injury in a motor vehicle accident.
REPORTING YOUR MOTOR VEHICLE ACCIDENT TO POLICE
Today, reporting your car accident to police is not compulsory. You now are only required to report a motor vehicle accident to police if someone suffers injury or death as a result of the accident. However, if you have not suffered injury in the accident, for your own protection, we would recommend that you report your car accident to police as soon as possible following the incident.
This reporting to Police will give you a contemporaneous report of how the accident occurred and will provide you with some protection and support for your version of events, should the other party or parties involved in the accident try to place any blame for the accident upon you.
WHERE YOU HAVE SUSTAINED INJURY IN A MOTOR VEHICLE ACCIDENT
If you have suffered an injury in a motor vehicle accident, even if you consider it to be a minor injury only, then you should make reporting of the accident to police as soon as reasonably possible. Even minor injuries can result in ongoing problems or major injuries later on, so you should protect yourself and report your accident to Police.
So often, we at Palmers Compensation Lawyers have seen what people think are just minor injuries that will recover quickly and be of no consequence, turn out to be real problems later on, causing restriction in their employment and everyday living activities.
Minor injuries can become major injuries later on
By way of example, whiplash and jarring injuries to the neck and back from a car accident, are often considered to be minor transient injuries and because they normally show some improvement in the weeks following the accident, people do not consider bringing a motor accident claim for their injuries. However, more often than not these conditions will cause ongoing problems, flaring up with certain activity, and worsening over time. In some cases the trauma of the accident results in degenerative conditions developing in the spine, causing chronic pain and disablement and even requiring spinal surgery within months or years of the accident.
Even if you have suffered what you believe to be a minor injury in a motor vehicle accident, report the accident to police and see your doctor to report your injury as soon as possible. Delay in reporting can be a problem if you need to bring a motor accident claim for your injuries later on.
Time limits apply to bringing personal injury claims in Queensland, so it is important you investigate whether you have a motor accident injury claim as soon as possible following your accident.
If you have suffered an injury in a motor vehicle accident, don’t assess your situation yourself and risk your and your family’s future financial stability. Contact us at Palmers Compensation Lawyers so we can properly advise you as to whether you should be bringing a motor accident claim for your injuries. It just takes a simple phone call to 1300 388 383 or submitting one of our FREE Instant Claim Appraisal forms on our website to find out. Your enquiry is FREE of charge, 100% confidential and there is no obligation.
To learn more about compensation claims for injuries sustained in a motor vehicle accident, go to the following link on our website: Motor Accident Injury Claims.
COMPENSATION FOR MOTOR VEHICLE & PROPERTY DAMAGE FOLLOWING A MOTOR VEHICLE ACCIDENT
The various entitlements in relation to vehicle and property damage sustained in a motor vehicle accident are as follows:
- The repair costs of your vehicle;
- Where the damage repair bill is higher than the market value of your vehicle at the time of the accident, then your vehicle will be “written off”. In such case, you are entitled to claim the market value of your vehicle, or “Blue Book” value of the vehicle, at the time of the accident, less the value of the vehicle wreckage;
- Where the vehicle is written off, you are entitled to claim a refund for any registration still running on the vehicle, by taking your number plates to the Main Roads Department;
- Towing costs incurred if the vehicle was towed following the accident;
- Hire car costs where you cannot use your vehicle following the accident because it has been written off or it is being repaired. This is important when injured in an accident and you need transportation to attend medical appointments and for treatment. (You are also entitled to claim reimbursement for travel costs for medical and rehabilitation treatment from the Compulsory Third Party Insurer in your motor accident injury claim);
- Costs of repair or replacement of personal property also damaged in the motor vehicle accident. Often items inside a vehicle are also damaged in the accident (eg. laptop, mobile or child’s restraint in the vehicle), and sometimes property outside the vehicle is damaged (eg. Garage doors, fences, home etc). Provided you have evidence that your property was damaged in the accident, then you are entitled to claim for the repair or replacement of that damaged property;
- Shortfall Insurance – Where your vehicle is written off following an accident and the write off amount is not sufficient to cover monies still owing under a finance agreement on the vehicle, then often car finance agreements have insurances attached that kick in to pay out this shortfall, so you are not left still paying out a car loan with no vehicle.However, it is very important that you look into the terms of your shortfall insurance before you agree to any write off amount from your comprehensive insurer, the at-fault driver or their insurer. Often there are requirements that the shortfall insurer has to agree with the write off amount, before it will have an obligation to pay out the shortfall owing under your vehicle finance agreement. Palmers Compensation Lawyers can assist you with this. Speak to us before agreeing to any write off amount where your vehicle is still subject to a finance agreement.
Recovering motor vehicle repair or replacement costs
The first step in seeking recovery of vehicle repair or replacement costs following an accident is to have the damage to your vehicle assessed by a smash repair expert. If the damage repair bill is assessed at being more than the value of your vehicle at the time of the accident, then your claim will be one of replacement costs. If not, then you will be claiming for the costs or repair of your vehicle.
Recovering Motor Vehicle Repair Costs
The quote for the damage to your vehicle obtained from the Smash Repair Expert should be sufficient, unless the repair costs in that quote are disputed. In such case, you will need to obtain another quote to support your claim for repairs to your vehicle. If you are claiming through your insurer for your vehicle damage under your own comprehensive insurance policy, then your insurer may require that you provide it with 2 quotes for the repair costs. The majority of car insurance companies do require that at least 2 quotes for vehicle repairs be provided when making a claim.
Some insurers, pursuant to the terms of your insurance policy, require that the vehicle damage be assessed by one of their own Smash Repair Assessors (usually at special assessment centres), or they have a panel of private Panel Beaters or Smash Repairers who you are required to use for the repair of your vehicle.
If these special requirements are stipulated in your insurance policy, then you are bound to abide by them for recovery of your repair costs from your insurer. However, if the accident was not your fault, and you have a claim against the at-fault driver or their insurer, then you are not bound to use your insurer’s Panel Beaters or Smash Repairers.
Obviously, if the at-fault driver does not have insurance to cover the damage to your vehicle, then in the majority of case, you will need to rely on your own comprehensive insurance to meet your vehicle repair or recovery costs, and you will be bound by the terms of your insurance policy.
Recovering the costs of replacing your motor vehicle
If the damage to your vehicle will cost more to repair then the value of your vehicle at the time of the accident, then your claim is one for replacement of your vehicle. If this is the case, then you will need to obtain evidence of the market value of your vehicle at the time of the accident and this is quite a simple process. You can obtain a certificate of the vehicles value from such places as Redbook or Glass’s Guide for a small fee.
What also needs to be considered is the value of your damaged vehicle, as there usually is some value to the wreckage of your vehicle. This will be deducted from the market value of your vehicle as you can sell the wreckage to a wrecker. In some cases, the insurer will take possession of the wreckage and sell it for you. The wreckage value can be obtained from a Wrecker. Your insurer will normally obtain these values for you, if you have comprehensive insurance on your vehicle.
Time periods for claiming motor vehicle damage repair or replacement
There are time limits that apply to bringing a claim for recovery of repair or replacement costs of a motor vehicle from a car accident. You have 6 years from the date of the accident to recover any property damage caused by a road accident. However, if the time limits for claiming compensation and damage for injury sustained in a motor vehicle accident is much stricter. You only have 3 years from the date of a motor vehicle accident to claim for any personal injuries sustained in the accident.
These time limitations are very strict and it will only be in exceptional circumstances that you will be permitted to claim once these time periods lapse.
How to deal with your motor vehicle insurance company
Normally, Comprehensive Motor Vehicle Insurance covers damage to your vehicle and any other damage caused by your vehicle in a motor vehicle accident, save for personal injury. Compensation claims for personal injury arising from a motor vehicle accident falls under Compulsory Third Party (CTP) Insurance. This is a completely separate insurance attached to your motor vehicle, which is part of your annual registration payment on your motor vehicle. CTP Insurance does not cover damage to motor vehicles or property damage resulting from a motor vehicle accident.
There is another insurance that covers vehicle and property damage claims, and this is called Third Party Insurance. If you have only taken out Third Party Insurance on your vehicle, then you cannot claim for the costs of repair of your vehicle or any of your property damaged in a motor vehicle accident under your Third Party Insurance. Your Third Party Insurance will only cover the damage caused to other vehicles or property in a motor vehicle accident that was your fault.
So, if you are in an accident and the other driver is at fault, and they have Comprehensive Insurance or Third Party Insurance over their vehicle, then the damage to your vehicle will be covered by either of those insurance policies.
If you have Comprehensive Motor Accident Insurance, then if you are involved in an accident, all you need to do is lodge your claim with your Comprehensive Insurer and your insurer will handle the claim for you – even if it was not your fault. Your insurer will deal with the at-fault driver’s insurer, or the at-fault driver if they are uninsured, on your behalf to recover your vehicle repair or replacement costs.
Excess payments
Often people have an excess payment when they claim under their Comprehensive or Third Party Insurance for vehicle damage from an accident. This excess normally only has to be paid if you were at fault for the accident. If it was the other driver’s fault, then that driver or their insurer will have to pay your excess payment. If you claim for your vehicle damage through your insurance company, it will claim this excess from the at-fault party’s insurer or the at-fault party for you.
Fighting with your motor vehicle insurance company
There are often cases where a person is not happy with what their insurance company is telling them about their claim for motor vehicle or property damage following a car accident. Insurers may argue with you over the value of your car repairs or the replacement value of your motor vehicle or refuse to meet certain claims which you feel you have entitlement to. When this happens, then you should contact us so that we can assist you in dealing with your insurer and investigating what your rights are under your insurance contract and what entitlements you have for recovery where the accident is not your fault.
WHERE THE AT-FAULT DRIVER DOES NOT HAVE INSURANCE
The biggest problem for drivers following an accident that was not their fault, is where the at-fault driver does not have insurance. This is because, the costs of car repair or replacement has to be paid by the at-fault driver who, more often than not, is unco-operative.
If you are in an accident that was not your fault, and the at-fault driver does not have insurance, but you do have Comprehensive Insurance on your vehicle, then your insurer will meet the costs of repair or replacement of your vehicle under your insurance policy. Normally, you are not required to pay any excess on your policy where the accident is not your fault, but this will depend on the terms of your insurance contract.
However, should you not have Comprehensive Insurance on your vehicle, then it will be upon you to recover your vehicle damage costs from the at-fault party or their Comprehensive or Third Party insurer. If you are in this position, then this is where Palmers Compensation Lawyers can you help you. We can step in and look after the recovery of your vehicle damage costs on your behalf.
Recovering your vehicle damage costs from the at-fault party where you do not have insurance
Where you do not have Comprehensive Insurance on your motor vehicle damaged in an accident that was not your fault, then as indicated above, it is upon you to recover your repair or replacement costs from the other driver’s insurer or the at-fault driver themselves. To recover the costs for the damage to your car, truck, trailer, motorcycle, bicycle etc., you will have to make your claims directly against the at-fault party or their insurer as follows:
- Obtain a quote for the repair of your vehicle from a reputable smash repairer or panel beater. As indicated above, one quote is adequate unless the quotation is disputed and then you will need to obtain a further quote to support your claims.
- If the costs of repair outweigh the market value of your vehicle at the time of the accident (you will need the quote or quotes above to prove this to be the case), then you will need to obtain a certificate of the value of your vehicle as indicated above . You will also need a valuation of the wreckage as this will be taken from your vehicle’s market value when calculating what your compensation amount should be for the loss of your vehicle (or the at-fault driver or their insurer can agree to take possession of the wreckage and pay you in full for the market value of your vehicle).
- Once you have this information, where the at-fault driver has insurance, then you lodge these documents and your claim with the at-fault party’s insurer who will then deal with the claim directly with you.
- Where you are not aware of the at-fault driver’s insurance company, OR, the at-fault party does not have insurance, then you send these documents along with a letter of demand for payment to the at-fault party directly. If the at-fault driver has insurance, they will then refer the matter on to their insurer to deal with.
- If the at-fault driver is not being co-operative in response to your demands for payment of your vehicle damage costs, then you will need to bring legal proceedings for their recovery.
- Similarly, often the at-fault party’s insurance company may not co-operate with your demands for payment and in such case, legal proceedings will be required to enforce recovery of your vehicle repair or replacement costs.
Where the at-fault party has no insurance or assets to meet your vehicle repair costs
When dealing with recovery of damage to your vehicle from a traffic accident that is not your fault, the worst case scenario is where the at-fault party does not have insurance and they themselves do not have the funds or assets to cover your vehicle repair costs. In such case, trying to enforce your entitlements is futile, and you will simply be spending money on legal proceedings against the at-fault driver, who can never meet any award or judgment that you achieve.
If this is what is happening to you, then you should contact us at Palmers Compensation Lawyers so that we can help you. We can investigate whether there is a viable claim worth pursuing against the at-fault driver.
LIABILITY ARGUMENTS – FIGHTING OVER WHO WAS AT FAULT FOR THE ACCIDENT
Often, where you claim for vehicle damage against an at-fault driver or their insurer, the at-fault driver will try to place blame for the accident on you. If you have insurance and your insurer is handling your claim against the at-fault driver or their insurer, then they will usually deal with this issue for you. If you do not agree with what your insurer is telling you however, then as indicated above, you should contact us for legal advice.
Where you do not have insurance and you are dealing with the claim yourself, then again, you will need expert advice. We can advise you as to the validity of the claims being made by the at-fault driver and assess whether there is any substance to them. It may be that there will need to be some apportionment of liability between drivers assessed and agreed to where there is some substance to the other driver’s claims. If this is appropriate, then you will not lose your right to recovery of your vehicle damage costs, but there will be some reduction in them to account for any proportionate liability for the accident occurring.
If you have a query about a motor vehicle accident you have been involved in, whether it is in regard to your entitlements for vehicle or property damage or personal injury sustained, please feel free to contact us on 1300 388 383, via Livechat or submit a FREE Instant Case Appraisal form by clicking on this link here or go to one of our forms on our website.
An expert in motor accident claims will be available to take your enquiry 24 hours a day, 7 days a week, and your enquiry will be FREE of charge, totally confidential and without obligation.