Over 100,000 road casualties are reported on a yearly basis in Australia and 3 people die in car crashes every single day. Most of the injured are car drivers and their passengers however pedestrians, cyclists and motorcyclists are vulnerable as well and these individuals are over represented in the statistics of those suffering serious injuries in comparison to car passengers.

If you are the victim of another driver's negligence and you have suffered personal injury and loss you are entitled to make a car accident compensation claim.

If you have sustained an injury in a vehicle collision in Coffs Harbour you should consult a solicitor as soon as possible. In order to make a car accident compensation claim, the accident must have occurred within the last three years and it must have been caused by the negligence of another.

Our expert personal injury solicitors deal with Coffs Harbour car accident compensation claims using the no win no fee Scheme. There is no financial risk. You are paid 100% of your compensation with no deductions. Our services can be summed up with the following statement :-

'Win or lose - no charge. Compensation paid in full.'

Negligence

Negligence has many definitions including :-

Failing to do something that a sensible person guided by normal considerations would do; or the doing of something that a sensible and prudent person would not.

The following items are essential to prove a Coffs Harbour car accident compensation claim :-

• The defendant must have owed a duty of care to the claimant.
  In the situation of a car accident compensation claim all road users must exercise consideration to all other road users and the duty of care will exist almost without exception.
• The duty of care was breached by the defe ndant.
  Provided that the duty of care exists, it must also be proven that the duty of care was breached by the defendant whose behaviour has to fall beneath a reasonably acceptable standard. A conviction in the criminal court for a motoring offence is not necessary to prove negligence.
• Loss, damage or injury is directly attributable to the breach of duty.
  It must be proved that loss, damage or injury is directly attributable to the breach of duty. Some losses may be considered too distant due to being unforeseeable.

Compensation

The amounts awarded for damages are classified into two main categories :-

• Special Damages
  Items of loss that can be calculated accurately.
• General Damages
  Items of loss where a degree of assessment is required.

Potential awards in a Coffs Harbour car accident compensation claim include the following :-

• pain and suffering caused by the injury (including long term physical consequences)
• loss of wages (both up to the date of settlement and projected into the future)
• compensation for loss of promotion (or other job opportunities)
• loss of a congenial job or the inability to continue with such a job due to disability or ongoing illness
• setback in the labour market due to any disability caused by the accident
• failure to carry out everyday tasks, resulting in the reduction of leisure time
• loss of the enjoyment of current or anticipated lifestyle
• payments that have been incurred as a result of the illness or ongoing disability
• expenses for physical care both in the immediate aftermath of the accident and long term
• damage to vehicle and insurance excess
• vehicle hire whilst awaiting repairs
• diminution in value of a repaired vehicle
• interest on any losses, whether from the date of the accident or the date of the issue of legal proceedings

Time Limits

There are time limits on nearly all damage claims. The general rule is that a personal injury compensation claim must have either been settled, or proceedings must have been issued in a court of law within three years of the incident that caused the injury failing which the claim will be statute barred and the opportunity to claim compensation is lost forever.

There are some qualifications to the general 3 year rule. Time only starts to run when an injury is discovered or should have been discovered with reasonable diligence.

In addition to this there are two other exceptions to the three year rule :-

• Time does not run against mentally incapacitated individuals until full mental capacity is regained.

• In the event that you were under 18 years old when the accident took place, the three year time period starts running from the date of your 18th birthday.

Evidence

If you have been involved in an accident it is important to ensure that you preserve evidence for car accident compensation claim purposes. You must exchange personal details with all parties involved and make a written record of events immediately after the accident. You should make a note of the personal details of witnesses and take photographs of the location and damage to the vehicles.

If you have sustained an injury, you must visit a hospital or your family doctor as soon as possible to ensure that there is recorded evidence of your injury. Keep a diary of subsequent events, including the progress of your injury and keep a written record of all expenditure along with bills and invoices where appropriate.