If you are involved in a motor vehicle accident and someone was injured of if there is damage to property exceeding $1,000 you must report the accident to the police. You must also provide the other driver or any injured person with details of your name, address, the registration and details of the owner (if not you) of the car you were driving.
If you were a driver, passenger or pedestrian and were injured and you were not solely responsible for the accident you may be entitled to compensation. You need to report any injuries to the Motor Accident Commission (MAC) as soon as possible and any property damage to your insurer. Allianz administers the compulsory third party insurance scheme for the MAC.
There is a three year limitation period from the date of the car accident for claiming compensation for personal injury, unless the injured person is a child, and a six year limitation period for property damage. If you are injured the extent of your injuries may not be able to be determined for some time nevertheless it is wise to seek legal advice as soon as possible. There are a number of categories of damages for which compensation can be claimed.
It is necessary to prove that someone else was at fault to be successful in claiming compensation. However it is frequently the case that both parties in a road traffic accident will be found negligent to a degree. If that is the case compensation will be apportioned, depending on the amount of contributory negligence by each party. Legal advice is especially important in determining who was negligent and the degree of negligence involved.
If you were not wearing a seatbelt at the time of the accident you will generally be seen to have contributed to you injuries. The same applies if you were the driver and were under the influence of drugs or alcohol. If someone else who was under the influence of drugs or alcohol was driving you also seen to have contributed to you injuries and compensation will be reduced.
Frequently claims for compensation will be settled via negotiations with Allianz and you may not need to go to court. Even if the matter proceeds to Court it may well be settled before a costly trial occurs. If you do reach settlement it is very important that you have legal advice to explain the terms of the settlement and rights you may waive in signing a Deed of Release . It is also important to be aware of any benefits that you have received that may have to be repaid.
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