Suppose you have been physically or psychologically injured in a road or car accident when someone else was driving your car. In that case, your compensation claim eligibility depends on who was at fault. All road users have compulsory party insurance. You can make a personal injury claim against your CTP insurance policy when you are a passenger, another person crashes your vehicle, and they are the at-fault party.
How do I know who was negligent when my car was damaged?
If someone receives a traffic infringement notice for the collision that damaged your car, they are likely to be the negligent party. You should also take note if someone apologises for the accident. Saying sorry is another way of admitting liability.
The circumstances of your accident will help determine who is liable. You can read more about determining who is at fault in a car accident here.
What if a friend or family member crashed my car?
If a friend or family member was driving your car when involved in a motor vehicle accident, they could not make an injury claim against you or themselves if they were the at-fault driver. However, if another motorist was negligent and occupants of your vehicle were injured, you can claim against the CTP insurer of the other driver.
Your compensation payment can be reduced if your friend or a family member has contributory negligence. They will be awarded a percentage contribution for the road accident if they have partial fault for the collision and the injuries.
For example, if you were not wearing a seatbelt at the time of the road accident, you will have a 25% liability contribution.
When your friend or family member is prosecuted for drunk or drugged driving, they will be awarded a 50% negligence contribution, regardless of your awareness of their condition at the time.
Get expert legal help when someone crashes your car
When someone else causes damage to your vehicle in an accident, you may not want to take legal action against them. However, if you have been physically or mentally harmed, your claim is against an insurance company, not your loved one. It can be challenging to understand who has liability and what to do next. Splatt Lawyers will let you know your entitlements for free. Contact us for your complimentary claim evaluation now. Call Now 1800 700 125.