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Am I still entitled to compensation if I was partly to blame for the car accident?

By 20 December 2016Motor Accidents

When dealing with compensation for motor vehicle accidents in Queensland, there are two aspects that you must prove to successfully bring a claim.

The First aspect is with respect to liability or negligence and the second is with respect to the injuries sustained by the negligence and the damages or compensation that flows from that.

If you are unable to prove negligence / liability then you do not recover any damages / compensation for your injury. This means that if the motor vehicle accident was your own fault, you cannot pursue a negligence claim as the accident was your own fault.

However, in some cases a Court might apply a percentage of blame to one party or a number of parties. If you are speeding and because of that speed another car, collides with your vehicle then although primary liability rests with the other party a Court may apply a discounting factor to you as you caused your injuries due to your own negligence.

In any event, if you are injured in a motor vehicle accident, you may still be entitled to compensation even if you are partly to blame for this motor vehicle accident.

We strongly recommend that you contact Sciacca’s Lawyers Pty Ltd to discuss your matter and more importantly to come in and provide us with instructions to investigate your claim. In some cases, even though you are partly or mostly to blame for the motor vehicle accident, you may still be entitled to compensation. We can then thoroughly investigate your matter and advise you of the difficulties you may have in bringing a claim.

Please telephone Sciacca’s Lawyers Pty Ltd on 1800 658 525 to organise an initial consultation with one of our friendly solicitors.