Car Accident Claims: Proving Your Claim

View of a car accident

Proving a car accident claim against a guilty or responsible party isn’t simple. You'll need to collect relevant documents and appropriate affidavits for you to lodge a winning car accident claim. 

What Documents Do You Need?

For your claim to have merit, you’d need the following documents as support:

  • A medical report by a doctor who is authorised by all the involved insurance companies. It should describe the injuries you sustained due to the accident, including the treatment you’ll need.
  • Financial records, including invoices and receipts of your medical treatment.
  • Accurate cost estimates of the medical treatment you’ll need in the future.
  • Financial reports and records stating your lost earnings as well as your inability to work on a permanent or temporary basis.
  • Relevant police reports.
  • An official psychological report (if applicable) that describes all the stress and trauma that resulted from the car accident.
  • An official assessment of all the material damages you suffered, including to your car or garage, etc.

What if I'm Not at Fault?

Even if you weren’t at fault for the car accident, if you didn’t take appropriate responsibility or care for yourself and (if applicable) the passengers in your car, the court could rule that your own negligence worsened your injuries from the car accident. Lawyers from Townsville added the following factors that could result in the reduction of your claim’s value:

  • You and/or your passengers were not wearing seatbelts.
  • You were not wearing protective headgear while riding a motorbike or bicycle.
  • You were located in an unsecured position opposed to safe travel, like in a van’s back compartment.
  • You were driving under the influence of alcohol and/or drugs.
  • As the passenger, you knew that the driver recently did drugs or drunk alcohol prior to driving.
  • You were driving distractedly, like using your mobile phone.

It’s best to remember that there's a legal time limit for lodging a car accident claim. While these are no set limits, it would depend on the injuries you’ve sustained and the amount of time it could take to lodge your claim. It’s also possible to represent yourself legally, but you would need a deep understanding of your rights, laws about compensation claims, and the drive to pursue your case actively. Otherwise, consult help from an experienced lawyer.