Understanding what a car claim lawyer can do for you

Have you been involved in a recent car accident and need assistance understanding Australia’s car accident claim process? Our dedicated road accident lawyers are ready to listen to what’s happened and provide car crash legal advice tailored to your unique circumstances.

If you need a motor vehicle accident lawyer to help process your accident claim on a no-win, no-fee basis, please contact us at Gordon Legal either on 03 9603 3000 or by filling out a submission form on our website here.

1. Do I need a lawyer if my insurer offers a settlement?

If you have suffered an injury because of a transport accident, it is essential to get in contact with an experienced car crash lawyer. The expert car insurance dispute lawyers at Gordon Legal are ready to help you understand your legal rights as the victim of a car accident and how to file your compensatory claims.

Your insurance provider may offer a settlement to compensate you for the injuries you suffered from a car crash. However, without legal representation, you cannot negotiate this settlement to ensure that it is the most financially beneficial outcome for your circumstances. For a compensation claim to be negotiated and settled, you will need to enlist the assistance of an expert car accident compensation lawyer. The offer your insurer initially presents you with may be less than what you deserve for the harm you have suffered. Therefore, to receive the maximum amount of financial compensation possible, we strongly urge that you reach out to a member of our experienced legal team on 03 9603 3000 to organise a free appointment.

2. Why are car accident claims denied?

Car insurance claims are denied for a variety of reasons. Some of these reasons can be complicated to understand and require the advice of an experienced car accident compensation lawyer to explain. Therefore, we urge that you call a member of our car accident team at Gordon Legal on 03 9603 3000, who can offer car accident legal help on a no-win, no-fee basis.

For example, one of the reasons why a car accident compensation claim may be denied is if the car accident occurred outside of the statute of limitations. A detailed breakdown of these time limits can be found here. Essentially, a claim must be lodged with the TAC within a year of the accident. The TAC does have a three-year discretionary period to accept claims outside this timeframe. However, if you lodge a claim outside of these periods without consulting an Australian car accident lawyer, this claim will likely be denied. We recommend contacting us by either submitting an online enquiry form or calling us on 03 9603 3000 to speak with one of our team about these limitation periods.

Another reason why a car accident claim may be denied is if there were no serious physical or mental injuries inflicted during the accident. However, determining whether an injury meets the required injury threshold for compensation can be a complex legal question, so we urge you to contact our car insurance dispute lawyers to arrange a free appointment.

These are two reasons why a car accident claim may be denied; therefore, we suggest that you reach out to a member of our expert legal team to discuss your claim, even if the TAC or your insurer has recently rejected it.

3. How do I prove fault in a car accident claim?

Establishing who was at fault in a car accident claim can sometimes be easily determined. However, it can often be a challenging task requiring legal assistance. Our team at Gordon Legal is well-placed to assist you in making these determinations. As outlined here, it is crucial to note that a common law claim requires the other party to at least be partly responsible for your injuries.

You can take several steps to help us determine who was at fault. Firstly, it is essential that you take photographs of the accident and speak with any witnesses who may have seen the crash occur. Ensuring you record these witnesses’ contact information is also a helpful action. Finally, ensure you file a police report of the accident, as their investigations can help us determine who was at fault for the crash. This article on our website here explains this process further.

Even if you feel like you may have been at fault or partially at fault for the accident, it is still important to consult your circumstances with an experienced road accident lawyer. This is because the TAC scheme operates on a no-fault basis, meaning that you may be able to access compensation regardless of who was responsible for the accident.

4. How can a lawyer help with my medical bills after an accident?

For both a TAC and common law claim, one of the main avenues for compensation is the coverage of medical expenses you have incurred because of your car accident. These medical expenses include, but are not limited to:

• Medical costs.
• Rehabilitation expenses.
• Psychological or counselling services.
• Nursing fees.
• Medication and physiotherapy equipment.

You can find a more expansive list of the medical bills you can get covered through a motor vehicle accident claim on our website here. If you are unsure if a car accident claim will cover your medical bills or want to begin filing your claim, we recommend you call a member of our road accident team at 03 9603 3000 for expert car crash legal advice.

5. What mistakes should I avoid when filing a car claim?

The process for filing a TAC or common law car accident claim can be complicated. One of our experienced motor vehicle accident lawyers is ready to assist you with the entirety of the legal process so common mistakes can be avoided and your claim has the best chance of success.

Some mistakes that you can avoid making following your motor vehicle accident are:

• Not seeking any medical attention following the crash.
• Not taking any photographs in the immediate aftermath of the accident.
• Not obtaining a police report following the accident.
• Not filing your TAC claim within 12 months of the crash.

However, even if you have made one of these mistakes following your accident, it is still recommended that you contact Gordon Legal on 03 9603 3000 as soon as possible, as you may still have a viable claim.

If you have been in a motor vehicle accident and suffered an injury, please phone Gordon Legal on 03 9603 3000 to arrange a free appointment with one of our experienced car accident compensation lawyers.