Injured and unrepresented - Should I be worried?

Injured and unrepresented in a Motor Vehicle Accident – Should I be worried?

What are Common Law Damages?

If you were injured in an accident after 1 December 2017, you would probably be receiving statutory benefits from an insurer.  You may also be entitled to make a further common law damages claim.

To be entitled to make a common law damages claim, you must be found not to be mostly at fault and have more than a minor injury.  Most common law damages claims cannot be made until 20 months after your accident unless you are assessed at greater than 10% whole-person impairment (WPI).

You are then entitled to claim past and future loss of income, including any loss of superannuation, and non-economic loss, for your pain and suffering.

To claim non-economic loss, you must be assessed as greater than 10% whole person impairment (WPI).

It is difficult to reach the threshold to claim non-economic loss, and having a lawyer on your side can ensure you are assessed correctly.

What are the potential risks of not being represented by a lawyer?

The insurer will likely approach you to try and settle your claim early.  This can be tempting, especially if you are still not working and suffering financially.

It is in the insurer’s best interest to make you the lowest offer possible.  They also do not have an obligation to advise you on what you are entitled to.

Many people who come to us with an offer from the insurer have offers that do not include any allowance for non-economic loss damages.  If you have been seriously injured in a motor vehicle accident, this could be a substantial amount of compensation you miss out on.

How do I know what I should settle for?

We recommend speaking to a lawyer before settling your claim with the insurer.  Remember, it is in the insurer’s best interest to make the lowest possible offer to you.

Once you settle your claim with the insurer, it ends all of your entitlements to common law damages, including any ongoing loss of income, even if your injuries deteriorate.  You cannot return to claim further compensation.

Do I save money representing myself?

No, in the long run, you don’t.  The risk is that in representing yourself, you could miss out on substantial compensation to which you are entitled.  The insurance company will not tell you what you are entitled to; their job is to settle the claim for the least amount possible.

You must understand your costs agreement with your lawyer, as all lawyers will have different fee structures.  Click here to learn more about the transparent Legal Costs and Service Agreements we offer at Garling and Co.

The insurer also contributes to your legal fees.

Can a lawyer take over my claim when I have already commenced with the Insurance company?

Yes.  A lawyer can step in at any stage of your compensation journey.

We recommend speaking to one of our lawyers as soon as possible after your accident to ensure all the appropriate steps are taken from the onset to ensure you receive what you deserve.

If you are injured in a motor vehicle accident, call, and speak directly to one of our lawyers, who will be able to give you the advice you need.  All our lawyers at Garling & Co are accredited specialists in personal injury law, and we are the experts you need to achieve the compensation you are entitled to and deserve.

Contact us today