Have you been in an accident in a company car and think you might be eligible for compensation? Here’s what you need to know about making a claim.
If you have an accident in a company car, the situation may be a little more complicated than if you were in a private vehicle, but you still may be able to make a claim for motor accident compensation.
Are you entitled to compensation?
If you are hurt in a motor accident, you are entitled to compensation – whether the accident was your fault or not.
This goes for practically any motor accident, whether you are a driver or passenger, riding a bus, on a motorbike, or even driving a forklift. You can even bring a claim if the accident didn’t occur on a public road.
Claims can be made for medical treatment and expenses, as well as other costs such as time off work, care and domestic assistance, pain, suffering, and loss of enjoyment of life.
However, as the law is regularly updated and major insurance companies will fight to avoid paying out any claims, it is best to have an experienced team on your side. Also, depending on the circumstances, you might have to claim under your employer’s workers compensation policy, the vehicle’s CTP policy, or both. A car accident lawyer knows the ins and outs of the law and can help to present your case.
What to do if you are in an accident in a company vehicle
Following any accident, you need to inform the police. If they do not attend the accident in person, you can let them know by visiting a police station, or calling the Police Assistance Line on 13 14 44. You must do this within 28 days of the accident.
You will also need to inform your employer, and ensure that any injury is recorded in your employer’s register of injuries.
If you are injured in an accident that happened while carrying out your work duties, you should obtain a Certificate of Capacity from your GP and lodge a workers compensation claim with your employer.
If you are injured in an accident that did not happen while carrying out your work duties, or you were on a journey to or from work, you will usually need to make a CTP claim by lodging an Application for Personal Injury Benefits with the CTP (compulsory third party) insurer of the at-fault vehicle within 28 days of the accident. You should lodge this whether or not you were at fault, and it should include a Certificate of Capacity signed by your doctor.
If you are injured in an accident in your employer’s vehicle, you should seek out a lawyer for car accidents immediately, particularly if the claim is denied. There are certain time limits for challenging these insurance company decisions, so the sooner you have legal assistance, the more time you have to challenge the decision.
In some cases, it will be necessary to lodge a claim for compensation with your employer’s workers compensation insurer and a claim for damages with the CTP insurer. This process can be complicated and a personal injury lawyer will be able to make sure the correct claims are lodged for you.
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