The other driver is at fault for the accident. Do I have a claim against him/her?

All drivers are subject to an obligation to take reasonable care to keep their vehicles under proper control and to obey the rules of the road. Additionally, drivers must take reasonable care to ensure that their vehicles are reasonably maintained. If another driver fails to discharge any of the above obligations he may be negligent. You, as the injured party, may have a right to bring a civil claim against this negligent driver. In such an action you would be entitled to claim monetary compensation for your “losses” arising from the other driver’s negligence. In particular, you may be able to advance a claim to recover:

  • damages for pain and suffering
  • loss of income (past and future)
  • past and future medical and/or care expenses

Civil claims are very complicated. The Insurance Act contains a number of limitations or restrictions on your right to recover such losses in a civil action. It is imperative that you consult with one of our experienced lawyers to have your claim wholly assessed as soon as possible following a motor vehicle accident. No claim may be advanced if more than two (2) years have passed since the date of the accident. If you have an injury which is serious enough to entitle you to compensation, we will ensure that your claim is advanced – you will not be charged any legal fees until we are successful in recovering damages for you. Contact out team today.