Being involved in a motor accident is a stressful experience that can leave victims physically injured, emotionally shaken, and financially burdened. In the aftermath, making a compensation claim can help cover medical bills, lost income, and other damages. However, many people make avoidable mistakes during the claims process, which can lead to reduced compensation—or even complete denial of their claim.
If you’ve been injured in a car accident in Australia, understanding these common pitfalls can help protect your legal rights and ensure you receive the compensation you deserve.
1. Not Reporting the Accident to the Police
Failing to report the accident to the police is one of the most common and serious mistakes. In many states, including NSW, it’s legally required to report a car accident if someone is injured, or if there is significant damage. You’ll usually need a Police Event Number to lodge a motor accident injury claim.
Tip: Always call the police at the scene of the accident if there are injuries or disputes. Make sure the incident is officially recorded.
2. Waiting Too Long to Seek Medical Treatment
Some people delay seeing a doctor because they feel “okay” or hope the pain will go away. Unfortunately, waiting too long can jeopardise your claim. Insurers may argue that your injuries weren’t serious or weren’t caused by the accident if there’s no early medical record.
Tip: Seek medical attention as soon as possible after the accident, even if your symptoms seem minor. Ensure your injuries are properly documented by a GP or hospital.
3. Failing to Lodge a Claim in Time
Strict time limits apply to motor accident claims in Australia. In most states:
- You must notify the relevant insurer within 28 days of the accident.
- You generally have up to 6 months from the date of the accident to formally lodge a claim form.
If you miss these deadlines, your claim might be rejected unless you have a very good reason.
Tip: Don’t delay. Start the claims process early and talk to a personal injury lawyer to stay within legal timeframes.
4. Not Collecting Evidence at the Scene
Immediately after an accident, gathering evidence may not be top of mind—but it can be crucial. Lack of evidence can weaken your case and make it harder to prove fault or damages.
Tip: If you’re able, collect the following at the scene:
- Photos of vehicle damage, road conditions, and injuries
- Names and contact details of witnesses
- Details of the other driver(s), including licence and registration
- A copy of the police report or event number
5. Admitting Fault at the Scene
In the confusion and adrenaline after an accident, you might be tempted to apologise or take the blame—even if it wasn’t your fault. However, such statements can be used against you later in the claims process.
Tip: Stick to the facts when speaking to police or the other driver. Avoid making assumptions or emotional admissions. Let the investigation determine who is at fault.
6. Talking to Insurers Without Legal Advice
Insurers are not on your side. Their goal is to minimise payouts. If you provide a statement or sign documents without legal advice, you might inadvertently damage your claim or accept a low settlement.
Tip: Speak to a lawyer before discussing your case in detail with the insurer. A solicitor can handle communication on your behalf and ensure you’re treated fairly.
7. Underestimating Future Medical Needs or Losses
People often settle too early without fully understanding the long-term impact of their injuries. This can leave them out-of-pocket for future treatments, rehabilitation, or ongoing income loss.
Tip: Don’t rush into a settlement. Wait until your injuries have stabilised and your doctor can provide a long-term prognosis. Get expert assessments of your future needs before accepting any offer.
8. Not Seeking Legal Advice
Many claimants believe they can handle the process themselves, especially for seemingly minor injuries. But motor accident law can be complex, and self-representation often results in lower compensation.
Tip: Most personal injury lawyers in Australia offer a free initial consultation, and many work on a no-win, no-fee basis. A lawyer can help you maximise your entitlement and navigate the complex paperwork and procedures.
9. Not Keeping Detailed Records
Failing to keep receipts, treatment notes, or a diary of your symptoms can make it difficult to prove your claim. Good documentation helps establish the extent of your injuries and financial losses.
Tip: Keep all medical bills, travel receipts, wage records, and correspondence with insurers. Maintain a journal tracking your recovery, pain levels, and the impact on your daily life.
10. Settling Too Early
Accepting the first offer from an insurer can be tempting, especially when you’re under financial pressure. But early settlements are often much lower than what you’re truly entitled to.
Tip: Get legal advice before agreeing to any settlement. You usually can’t reopen your claim once it’s settled, even if your condition worsens.
Final Thoughts
The motor accident claims process in Australia is designed to provide support to those injured on the road—but it’s not without its traps. By avoiding these common mistakes, you can improve your chances of receiving fair compensation for your injuries and losses.
If you’re unsure about any aspect of your claim, speak with a qualified personal injury lawyer. With the right support, you can focus on what matters most: your recovery.
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