serious accident

craigdurkee

i have just had a serious accident and was wondering if any of you have had to claim against a motorist for being run over


i have a erious shoulder injury should take 6 weeks to heal?????

will i get compensation?????

Hitchy

depends where you are...the laws in different states vary a fair bit. In Vic you can make a claim for personal injury against the drivers compulsory third party insurance. This will only cover your out of pocket expenses for medical stuff. If you're after something to cover damage to the bike, you'll need to negotiate that with the drivers insurance company (assuming that he's insured).....other than that, sue the bastard!

artemidorus

Don't settle for repair costs. You are owed compensation for suffering , and possibly long-term loss of function, if the other driver was at fault and if you can prove it. Contact your witnesses and get statements. Make sure that you have reported the event to the police and obtained a reference number for the incident. Don't sign anything offered to you by the driver or insurer. Find a "no win, no fee" legal firm. I can recommend Carroll and O'Dea in Sydney (and, no, I don't work for them, I am a satisfied ex-client).

mysrh

I had near death accident 4 months ago, and yes as the above said, do not just settle for the physical injury/damage to the bikes. You have to consider the times that you have to spend recovering instead of working on your future plans, the people you get involved (family/friends) because you may need their help to get you to hospital/doctor, and the mental state/ trauma experienced due to the accident.

I use lawyer to represent me. The third party insurance will try to give the lowest compensationm they base only on the physical injury you suffer, not the trauma. The comission for the lawyer would still cover the amount you get overall.

Motorpace

If you were travelling to or from work at the time of your accident, you might be covered by workers comp. Hit up your local rep and get some advice

Aussie Steve

in WA and Victoria at least, and other states should be the same, the Third Party legislation is all about a "no fault" premise, because years ago the government passed laws to avoid a situation where an injured person had to pay for their own medical care until the court case had settled...which could take a long long time.
Like the other posters have said, get a really good lawyer...a friend of mine used D'Angelo and D'Angelo here in Perth, and when the Insurance Commission offered $5400, the lawyers negotiated and ended up getting him $15000 less their $700 fee...D & D were very very good apparently.
First up you have to register the injury as an MVA because your normal GP separates his/her consults as normal medical consults, Workers Comp, and MVA's, and for MVA's, just sends all the bills to ICWA. You'll end up getting a big big box of Celebrex (anti-inflammatories) that you will never use, and other stuff like Panadeine Forte (great for pain relief, knocks you out)

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daniels

I got hit by a car a little over a year ago. The driver was at fault and their third party insurance covered all my medical expenses. I wasn't going to pursue compensation, but I got a phone call from the insurance company roughly a year after the accident and they offered me compensation as the injury had a "residual effect" (i fractured my scaphoid). So I didn't really have to do anything, they seem to offer it as a matter of course.

Your case does sound a lot worse though so it would probably be best to get some professional advice!

Good luck, hope your shoulder heals quickly!

artemidorus

This would have to be regarded as highly unusual! - at least, I've never heard of this happening. Just be careful that you are not waiving the right to claim for an appropriate amount of compensation for a scaphoid fracture, which can lead to osteoarthritis of the wrist.