Geraldton Car Accident Solicitors - Personal Injury Compensation Claim Lawyers

LAWYER HELPLINE: 1800 339 958

There are over one hundred thousand road casualties reported annually in Australia and approximately 3 people die every day in a motor vehicle accident. Most of those who are injured are drivers and their passengers however pedestrians, cyclists and motorcyclists are physically vulnerable and are over represented particularly regarding severity of injuries, compared to the occupants of cars. Our Geraldton car accident solicitors offer legal advice at no cost and with no futher obligation - just call the helpline

If you are a victim of another driver's negligence in Geraldton, you can make a car accident compensation claim for any personal injury that you might have suffered. This means that you can take action against any negligent driver including the driver of the car in which you were travelling, even if the driver was a relative or friend.

If you have suffered personal injury in a motor vehicle collision, you should consult a Geraldton car accident solicitor as soon as possible. In order to make a compensation claim, the accident must have occurred within the last three years and have been caused as a result of negligence by another person.

Our specialist personal injury solicitors deal with compensation claims using the no win no fee scheme scheme : - 'win or lose, no charge - compensation paid in full'. If you use our Geraldton car accident solicitors, there is no financial risk whatsoever and you are paid 100% of your compensation with no deductions.


Negligence occurs when a person's acts or omissions cause another to suffer some loss or inconvenience and has been given numerous definitions. One of the most often quoted definitions is 'The failure to do something which a reasonable person, guided by ordinary considerations would do; or the doing of something which a reasonable and prudent person would not do.'

In order to take court action for a road accident compensation claim in Geraldton, it is necessary for the potential claimant to show that the following elements existed:-

  1. The defendant must have owed a duty of care to the claimant. In the case of road traffic accident compensation claims, all users of vehicles must exercise consideration for all other road users. The duty of care will exist almost without exception.

  2. Assuming that the duty of care does exist in the particular circumstances of the accident; it must also be shown that the duty of care was breached by the proposed defendant whose behaviour must have fallen below a reasonably acceptable standard.

  3. Finally it must be proven that loss, damage or injury resulted from and is directly attributable to the negligence. Certain losses may, however, be considered to be remote, due to these losses being unforeseen.


The amount of compensation awarded following a Geraldton car accident falls into two main categories. These categories are as follows:

  1. Items of loss can be calculated accurately known as 'special damages'.
  2. Items where a strict mathematical calculation is not possible, that require a degree of assessment and are known as 'general damages'.

Overall the items that are covered in Geraldton car accident compensation claims include the following:-

  • pain and suffering caused by the injury, including long term consequences of the physical damage
  • 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 inability to continue with such a job due to disability or continuing illness
  • disadvantage in the labour market due to factors related to any disability caused by the accident
  • inability to carry out day-to-day tasks or hobbies, thereby reducing the enjoyment of leisure time
  • loss of the enjoyment of current lifestyle or anticipated lifestyle
  • out-of-pocket expenses that have been incurred as a result of the illness or continuing disability
  • expenses for physical care both in the immediate aftermath of the accident and long term when necessary
  • damage to vehicle and insurance excess
  • vehicle hire whilst awaiting repairs
  • diminution in value of a repaired vehicle
  • Interest on any losses either from the date of the accident or the date of issue of legal proceedings

Time Limits

There are time limits on almost all claims for damages. The general rule is that a car accident 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 will generally have been lost forever.

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

There are other exceptions to the three year rule including :-

  • The 3-year rule does not run against those who are mentally incapacitated but it does start when the person regains full mental capacity.

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


If you have been involved in a collision in Geraldton, it is important for the purposes of a car accident compensation claim to ensure that you gather and preserve evidence.

  • exchange personal details with all parties involved
  • make a written record of the events preceding and following the accident
  • make a note of the name and contact information of witnesses
  • take photographs of the location and damage to vehicles
  • keep a diary of subsequent events including the progress of your injury
  • keep a record of all expenditure together with bills and invoices
  • attend a hospital or doctor as soon as possible to ensure that there is recorded evidence of your injury

LAWYER HELPLINE: 1800 339 958