Passengers account for more than 10% of major injuries and fatalities, according to the NSW Centre for Road Safety. Passengers have the same entitlements to compensation as any other driver, pedestrian, motorbike rider, or cyclist involved in a car accident. If you were injured as a passenger in a car accident, you may be able to entitled to make a car accident claim.
What entitlements do I have?
If you were injured as a passenger in a car accident entitlements are:
• Medical costs and related costs regardless of fault and injuries, for up to 6 months (Medical treatments and essential rehabilitation, for example)
• Income support payments, regardless of fault and injuries, for up to 6 months (Statutory benefits for being unable to work)
• Past and future losses lump sum payment (If your injuries are not non-minor and you were not mostly at fault)
• Pain and suffering compensation lump sum payment (If your injuries are assessed at being grater than 10% whole person impairment and you were not mostly at fault.)
What is the definition of a non-minor injury?
Fractures, ruptures, scars, nerve damage, major brain injuries, organ damage, and other serious injuries are examples of non-minor injuries. Minor injuries, on the other hand, for physical injuries are defined as soft tissue injuries such as tissue injury to muscles, tendons, ligaments, menisci, cartilage, fascia, fibrous tissue, fat, blood vessels and synovial membranes. Non-minor psychological injuries include PTSD (Post Traumatic Stress Disorder) diagnoses, whereas minor psychological injuries include adjustment disorder and acute stress disorder.
Once motor vehicle accident lawyers have a greater understanding of the specifics of your claim, they will be able to better advise you of what you are entitled to. Each claim is different, and the circumstances of your life before and after the accident are key factors in determining the amount of compensation you are entitled to.
How can a passenger who has suffered a traffic accident claim compensation?
You may contact car accident lawyers right now to learn more about your entitlements and how to make a claim. Hundreds of passengers were assisted by car accident lawyers in Australia after being injured in a taxi, vehicle, bus, motorcycle, or truck accident.
If you were injured as a passenger as a result of a motor vehicle, please take note of the below process;
1. Within 28 days of the collision, report it to the police, write down the event number, and acquire the names and contact information of any other drivers involved.
2. Seek medical attention and a Certificate of Capacity to be completed by your doctor, as well as fill out a Personal Injury Benefits form (PIBF) which will need to be submitted along with a completed Certificate of Capacity.
3. If you are claiming statutory benefits owing to being out of work, send the completed Personal Injury Benefits form to the at-fault motor vehicle's Green Slip insurer within 28 days. Otherwise, there is a three-month time restriction. However, if you do not make your claim within 28 days, you will not be paid for any income lost prior to the date you submitted your claim.
4. Consult a car accident lawyer to see whether you qualify for a lump-sum pay out for your injuries; the time limit to file in the Personal Injuries Commission is three years. If you are out of time, please consult our lawyers as you may still be able to make a claim depending on the circumstances.