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Floyd Bakewell

- 22 Oct 2021
  • Motor Vehicle Accidents

  • Personal Injury

Can you claim compensation if you’re at fault in a car crash?

 

Co-authored by Tra-My Nguyen

Usually if you have caused a motor vehicle accident, you will not be entitled to claim compensation for personal injury

However, there are some limited circumstances where a driver who caused a motor vehicle accident is eligible for some form of compensation. 

We’ve outlined these scenarios below. 

 

You suffered a significant injury

You may be eligible for compensation if you suffered an injury so significant that you might qualify for medical treatment and assistance with your activities of daily living from the Lifetime Support Scheme. 

The criteria for acceptance into the Lifetime Support Scheme are strict, and are usually only reserved for extreme injuries such as brain injury, amputation and serious spinal injury.

You would not be entitled to other forms of compensation such as a payment for non-economic loss (‘pain and suffering’).

 

The motor vehicle accident occurred during the course of your employment

If this was the case, you could make a workers compensation claim. The criteria for a motor vehicle accident to be considered as a workers compensation claim are strict. 

In a nutshell, you may qualify if:

  1. the journey was undertaken in the course of carrying out duties of employment; or
  2. the journey was between your place of residence and employment (or place of residence and place of employment and an educational institution or medical service for a workers compensation claim) and ‘there is a real and substantial connection between the employment and the journey being undertaken at the time of the accident out of which the injury arises’; or
  3. You are injured to such a degree that you meet the definition of being ‘Total and Permanent Disablement’ (also known as being ‘TPD’) pursuant to your policy for TPD insurance.

If you have caused a motor vehicle accident, but might fall into one of the three categories outlined above, we suggest that you give DBH Lawyers a call to discuss the situation further.

This blog is intended to provide general advice only, and is concerned only with personal injury claims and not with property damage claims.