Comprehensive Guide On Motor Vehicle Accident Laws, Claims And Insurance

February 10, 2021    Traffic lawyers Perth
Comprehensive Guide On Motor Vehicle Accident Laws, Claims And Insurance

Vehicle accidents are something that takes place unexpectedly in an individual’s life. It does not just damage the entire vehicle, but the driver also sustains injuries. But when you or your loved one was involved in a motor, car, train, or cycle accident they will become eligible for a wide range of compensation benefits. When an individual has been in a motor vehicle accident, it can be a life-changing experience for him/her. 

Getting in touch with the professional traffic infringement lawyers will help them receive both legal and professional help. It will also help them to focus on getting better. Although one cannot put a price on what he/she has lost, the compensation will help their future look hopeful. 

Things You Need To Know About Moto Vehicle Claims

Individuals who wish to make a claim against another person for personal injury need to show that the person was at fault. In Australia, there are different laws for motor vehicle accidents for each of the states. If an accident takes place in West Australia, the law applying there will govern the claim. 

When someone is convicted of a criminal offence, which resulted in a motor vehicle accident, one can use this as evidence to gain compensation. The criminal offense can be anything, such as driving without attention and due care or driving under the influence of alcohol. 

The reliable and experienced careless driving lawyers will provide more information on such matters. They will help their clients understand how they can claim compensation against another person. They will also advise them on the steps they need to follow so that the claim is successful.

Personal Injury And Property Damage: Can It Be Claimed Separately?

In short, yes, you can. The extent and nature of all property damage, which is caused by a motor vehicle are readily apparent. It can be quantified and assessed pretty easily. But the consequences and extent of personal injuries will not be that obvious right after an accident. Individuals need to keep in mind that the personal injury insurer does not work or function as the CTP insurer.

For such reasons, they have to be extra careful to ensure the first case doesn’t bind the parties within a subsequent case. For instance, when a claimant is badly injured, he/she will not want a 50/50 apportionment of the liability, which is related to a property damage claim to be applied on personal injuries claim. Such matters are pretty complex, and involving drink driving lawyer will be the best choice. The lawyers specialize in such claims and will assist their clients to have a proper understanding of it. 

How To Make A Vehicle Accident Claim?

When it comes to making claims for motor or car accidents, there is a strict time that one needs to follow. Under that particular time, individuals have to apply for the claim. Individuals must also seek professional and legal helps with immediate effect after getting involved in a motor accident. Compensation gets paid through a government agency or an insurance company, which is known to handle moto vehicle accident claims. A registered vehicle will also have third-party insurance, which gets included within their registration. 

Doing so will help in ensuring that compensation is available when an unfortunate incident takes place. Individuals are requested to submit a claim for compensation with the TAC or Transport Accident Commission within 12-months of the date of the accident. 

But if the claim gets presented after the 12-months from the date of the disaster, TAC will exercise the claim for 3-years. Also, if one fails to lodge a claim within 3-years, he/she will not be eligible for any benefits. 

Things To Know About The Comprehensive Insurance Policy

When a vehicle owner has a comprehensive insurance policy, given below are some of the factors, which will be pretty relevant. Take a look!

  • The cost of the repairs to the vehicle of the other party.
  • The cost of repairs of the vehicles. 
  • If anybody was negligent.
  • The amount of the no-claim bonus.
  • When the legal proceedings are commenced, the legal-cost gets added.
  • The excess, which applies to the insurance policy.
  • When the other party is at fault. 

Demerit Points: What It Is, And How Does It Work?

When an individual commits any traffic offence, demerit point gets recorded and applied to their traffic history. The type of offence will help in determining how many demerit points will a person get. These points are mainly provided to individuals who commit traffic light offenses, speeding offences, seatbelt offences, and other types of miscellaneous offences. These points are also applied right from the date of the traffic offence is committed. It gets recorded within the traffic history of an individual after the fine gets paid. It also gets recorded when an individual receives an order on interstate offence, and a court convicts him/her for an offence. 

What Is The Limit Of The Demerit Points?

The type of license an individual carries will help in determining the number of demerit points he/she will receive. When vehicle owners get demerit points that are much more than the license allows, the license will get suspended. Otherwise, one needs to serve a driving behaviour period. Individuals will only get a driving license when they have 4 or more points for learner license, 4 or more points for a provisional license, and 12 or more points for an open license. 

How Will The Traffic Lawyers Help You In Such Matters?

When it comes to motor vehicle accidents, insurance and claims, taking legal help is the right thing to do. They will provide their clients with proper guidance. to will help them receive their compensation. The lawyers will not just care for their clients but also represent in front of the court. They will fight behind the scenes for the rights of their clients. The lawyers will also keep them updated all the areas of the claim. 

Last Words To Share

Motor accidents can happen suddenly and unwantedly. When an individual is involved in an accident, they can claim compensation for personal injury and property damage. For such reasons, it will better to involve a trusted attorney. They will make sure that their client receives the claim they applied for with no hurdles or problems.

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