Car Hit from Behind Whose Fault?

“If someone hits me from behind is it my fault?” This is one of the most common questions in car accident claims. If you are hit from behind in a car accident, it is most likely not your fault. The common assumption is that if someone hits your car from behind, the person is probably not paying sufficient attention when driving, or driving at a speed that is excessive in the circumstances unless events occur that the driver behind you cannot predict.

Car Accident Injury Compensation – Can I Claim?

In Western Australia if a car hits you from behind, and you are injured due the accident, you may be entitled to motor vehicle accident injury compensation. The Insurance Commission of Western Australia (ICWA) administers the car accident injury claim compensation process, and this is often referred to as a CTP claim. This is because your injury compensation money is paid from the compulsory third party insurance which you paid every year when you renew your vehicle registration.

6 Steps to Follow When You Are Hit From Behind and Injured in WA

You should follow these common steps on what to do after a car accident in Western Australia:

  1. Gather Accident details if possible. This may include drivers’ registration details, photos of the accident scene, witness details.
  2. Report the accident to the police and note down the police reference number
  3. Seek medical treatment immediately and report all your symptoms to the healthcare provider.
  4. If you intend to claim compensation for your personal injury associated with this motor vehicle accident, please be sure to inform ICWA that you are intended to make a claim. The Insurance Commission can provide you with a Notice of Intention to Make Claim Form for this process.
  5. Complete the online crash report if you intend to make a claim
  6. Keep all your receipts

The benefits of making a personal injury claim for your motor vehicle accident in Western Australia are that:

  • the majority of treatment expenses may be covered ICWA
  • you may receive a lump sum settlement amount at the end of your compensation claim.

The downside of making a motor vehicle accident injury claim are that:

  • It is a long legal process.
  • The process can be adversarial and there is often difficulties with the claim process. If the insurer disputes your claim you will up against the insurer or insurer’s lawyer who will fight against your interests regarding the claim.

The best way to mitigate the downside and capture as much as upside as possible is the hire a good no win no fee lawyer who are specialised in car accident injury compensation in WA to help your claim.  However, it is recommended that you meet with the lawyer first before deciding what is the best way forward for you.

Car Hit Me from Behind and Drove off

Hit and Run Accidents do happen. If an injured person is involved a not at fault car accident  and is not able to obtain the contact details of the at fault driver, a motor vehicle accident injury claim can still be progressed.  Please check out this video. Foyle legal has put together a few helpful tips on how to find driver details  in the event of hit and run accident.

Claim Farming – BEWARE!

If you are injured in a car accident, and someone suddenly contacts you asking personal information about your accident, please beware. This is likely to be claim farming. It is also been referred to as claim harvesting.

If you have received any unsolicited call for your injury compensation claim, do not provide any information. If you do, your private information may be sold to third parties as a lead. Over the years, the practice of claim farming and claim harvesting has increased and gets more sophisticated. It is important to be vigilant about unsolicited calls, and not to be led into false promises of a large compensation payout.

For more information about claim farming and claim harvesting, please check out this podcast by SBS, titled claim farming: one call makes you the victim.

Foyle Legal Injury Compensation Lawyers

Established by Christian Foyle in 2012, Foyle Legal has grown from a solo practice to one of the largest WA’s local personal injury law firm in Perth. We are consistently ranked as one of the WA’s best compensation law firms by various independent rating agencies and our clients. If you hurt in a motor vehicle accident and have made a claim, call Foyle Legal of your obligation free consultation. We act for qualified personal injury claims on No Win No Fee basis.