If you met a car accident and you were the one at fault, you might not even bother filing an injury claim—probably because there is a common notion that if someone is responsible for a road accident, he cannot claim for personal injury. Well, you might be surprised to know that that is not always the case.
Truth is, while you cannot file a claim if you are the only party to blame for an accident, you can if you are only partially at fault. You see, not all road collisions are caused by a single party. There are many cases where both parties are to be blamed for an accident—and in such cases, you have the right to file for personal injury compensation.
In this article, car accident lawyers in Perth will answer the biggest question that might circle your head right after meeting a road accident: “Can I claim for personal injury compensation if the accident was my fault?”
What is a fault claim?
As its name suggests, a fault claim refers to a claim made by drivers to blame—or partially to blame– for a road accident. This may sound weird as most solicitors deal with non-fault claims, but yes—they represent drivers who are partially to blame, too. When it comes to claiming for road accident personal injury, however, neither of the two parties is particularly guaranteed to receive compensation because it will heavily depend on how each of them builds a case against the other party and provides evidence as to who of them is at fault.
If established that you are solely to blame for the accident, it is very unlikely that you will have a claim to whatever type of personal injury compensation. Otherwise, you may have.
If that already makes a road accident sound like the most complicated situation to be in, well, we’re not quite there yet.
What is a partly at fault accident?
Yes, there are cases where both parties can clearly see who has caused the accident, making a fault claim easy to establish. But in most cases, determining who exactly is culpable between the two parties is not a breeze. And when it reaches the point where the parties cannot agree on who is at fault, the blame usually ends up being spread on to the two parties, leading to a 50/50 split liability.
In case of a 50/50 liability, both parties can claim damages if they are both injured in the accident. This means that when it is time to be awarded with the compensation, you will only receive 50% of it since you are at fault for the other half of the total.
What can you claim if you are partly at fault?
The damages that you can claim following an accident where you are partly at fault can be divided into two categories: the general damages and the special damages. While one of them is focused on the injury caused to you by the accident, the one is focused on the impact of the accident on your finances.
To receive general damages, you need to prove that you have suffered physically due to the accident. This category usually takes into consideration how much you have gone through pain, how much you have suffered both mentally and physically after the accident, the stress or anxiety that the accident has caused you, and whether or not the accident has left you physically impaired or disfigured.
Since accidents do not only affect your physical body but your financial state as well, there are special damages to compensate for the massive change to your financial circumstances as a direct result of the accident. This category covers all the monetary aspects of your compensation claim, including loss of earnings, loss of employment, loss of future earnings, all medical expenses, replacement of damaged property, home adaptation expenses, and prescription charges.
So where do you start to make a claim?
When it comes to legal matters such as this, seeking legal advice is always the best way to go. The first step is always to speak to a personal injury and compensation specialist for free legal advice, so you will know where you stand and whether or not you can file a claim for personal injury. It will also help contacting your insurance provider to know your coverage. If you are completely to blame for an accident, your insurance will most likely cover the damages to the vehicles of the other party. But if you have a comprehensive insurance, chances are it will cover the damages to your vehicle, too.
