If the car accident is my fault, do I have any entitlements in Victoria?

12/04/2019

Suffering the effects of a car accident can be a very distressing time, particularly if you were found to be at fault and the car accident was caused by you. There are lot of causes for car accidents and the Australian law accounts for these with regards to the entitlements of the people involved.

Depending upon which state the car accident occurred in, you may still have entitlements which can cover you for expenses related to the car accident such as the cost of medical treatment and a possible lump sum claim for injuries sustained in the accident, even if you did cause it.

We have put together a bit of basic information here which may answer some of your questions relating to your rights and responsibilities after suffering a car accident. We always recommend speaking with a legal professional if you are at all unsure of where you stand. If you still have any questions relating to the entitlements that you may be eligible for, then please feel free to contact us on 1800 21 22 23 or log on to our website for alternate ways of contacting our legal team.

When don’t I have entitlements if I caused the car accident?

If you have been charged with a criminal offence, and this charge relates to your car accident and the cause of it, then this means that you may not have any entitlements. For example, if you were the cause of a car accident resulting in injuries and the police press charges against you for drink driving, then you may not be liable for loss of income payments, as well as others. If you are unsure of your liability or responsibilities in this instance, or one similar, we recommend that you seek the services of a lawyer as soon as possible.

What is a ‘no-fault scheme’ and what does that mean for me?

In states and territories across Australia which do have a ‘no-fault scheme’ in place, this means that regardless of who caused an accident, all persons involved may have entitlements to claim benefits for costs resulting from that accident. These benefits can include medical costs such as hospitalisation, emergency services costs, and rehabilitation costs. In some instances, you may also be entitled to claim for income support if you are not able to earn a living due to your injuries.

Regardless of how the accident occurred, or what you believe you understand your rights and entitlements to be, we recommend that you seek legal advice before making any firm decisions about whether you intend to claim for benefits relating to your accident. Our team of expert lawyers have decades of experience within Australian compensation law. If you are at all unsure of your own entitlements, then you should always seek the advice of a legal professional.

Our offices can be contacted directly on 1800 21 22 23 or more information about the kind of help we can provide can be found on our website at www.gordonlegal.com.au. We’re always here to help.