If you are involved in a motor vehicle accident, either as a driver, passenger, pedestrian or cyclist your first legal obligation is to stop at the scene. If you have sustained an injury, you should seek medical attention, report the incident to police, and obtain legal advice as you may be entitled to compensation.
Scammell & Co. offers a “no win no fee” arrangement for motor vehicle accident claims so we will not charge you legal fees unless we are successful in obtaining compensation for your claim. If you succeed in your claim, the insurer will pay part of your legal fees called party/party costs. They should also reimburse you for disbursements you have paid (such as a police report and medical reports).
“They kept me informed every step and [my lawyer] was very helpful and pleasant to work with through a tough time thank you”
You need to cite their driver’s licence and obtain:
If no one has been injured and the vehicle damage is estimated at less than $3000, there is no legal obligation to report the accident to police. However it is recommended that you do so because in many circumstances injuries do not become apparent until some time after the accident. It may also be difficult to determine the extent of any property damage. Insurers will also ask for the police report number to determine a property or personal injury claim.
The Compulsory Third Party insurer should be advised of the claim. The CTP regulator will also need to be contacted to determine which insurance company will manage your claim. You are required to formally lodge any claim for personal injury within the specified period of six months following the accident.
Prior to signing or agreeing to any settlement of your claim for compensation, it is best to seek independent legal advice as to whether the offer provided by the insurer is fair and reasonable. The settlement is a once-off payment which covers compensation for past losses and your entitlement to future losses.
If you are a cyclist who is injured in a motor vehicle accident caused by the driver, you are entitled to make a claim for the injuries and the loss you have sustained. Scammell & Co. also offers ‘no win, no fee’ arrangements for injured cyclists.
