Quick methods to test if you have a valid compensation claim
After a claim process, you can negotiate with the insurer to determine the compensation. Or if you cannot settle an agreement, the case can be reviewed in court and the decision may be in your favour. However, not everyone can claim compensation. Even if you have a valid reason, liability and negligence should be demonstrated well. There are simple methods to evaluate your claim. As you are the witness of your accident, by asking simple questions, you can at least have an idea of your entitlements. Please note, nobody other than a professional can evaluate your claim precisely. For this reason, you can use this guide as a source, but not as a reference. Self-evaluation’s sole purpose is to guide you through the process of pursuing your rights after an unfortunate accident within the bounds of possibility.
Motor vehicle accidents
From the perspective of a professional, everything can be used as evidence if you have a valid claim. As an example, marks left by a tire after a motor vehicle accident can be strong evidence. These skid marks can infer that the vehicle was at high speeds, was drifting or was overloaded. An expert’s opinion may conclude in your favour. These are tiny details that can demonstrate the faultiness of the other party. The surveillance cameras are almost ubiquitous. But as we all know, accidents can happen anywhere. In a rural area, things may be a little difficult as CCTVs and other security systems aren’t as common.
In Australia, the compulsory third-party scheme covers the loss of both parties involved in the collision. However, the chances of being awarded a lump sum almost entirely depend on the degree of fault. For this reason, a strong representation is always good for your claim. You can strongly support your claim with evidence. These can be witness statements or other tiny details. You can ask yourself a few questions to understand how the process works. This can be quite beneficial as traffic is quite complex. The insurer will review the claim and see if you violated any rules. Following distance, speed, sudden lane changes and awareness of traffic signs are some of these. If you’ve violated any of these, you can be partly at fault.
When it comes to public accidents, the process can be a bit more complex as proving negligence takes time. You can ask yourself these questions.
- Did somebody owe you a duty?
Under the personal injury laws, there are occasions when a civilian owes a duty to another. Having a duty of care means the safety and the wellbeing of other’s is your primary focus. As long as you perform your duties above the acceptable standards, you can avoid liability. On the other hand, if you fail to take sufficient care, your negligence can be the cause of an accident.
- What was the cause that breached the duty?
The duty can be breached without even realizing it. As the duty of care contains many smaller duties, the service providers should be extra careful. Look for the reason for the breach. Is it a water leakage? If it is, could it be solved by any other reasonable person? If yes, it is a breach of duty.
- Could it be different if someone else was on duty?
There are facts that are universally accepted. The ground is slippery when wet. Or shelves mounted on the wall cannot carry more than the specified limit. It is not hard to assess the risks factors. For this reason, a reasonable individual’s actions can be taken as a reference. Once the risk is notified, it should be taken care of immediately. Just as a reasonable person would.
- Did you suffer any loss after the accident?
If you suffer a loss after an accident, it can be compensated. Under the personal injury laws, economic loss and emotional distress can be recoverable.