Law of Civil Wrongs
Financial and Non-financial Loss After a Traffic Accident
Proving fault, loss and causation and assessing insurance and settlement offers.
The amount is not automatic
Liability, loss and causation must be established. Police records, photographs, witnesses and technical evidence may assist. Contributory fault can affect recovery. A traffic sanction and civil damages assessment are distinct matters.
Document each head of loss
Repair costs, alleged diminution in value, treatment and earnings loss require separate proof. Pain, suffering and effects on life may be relevant to bodily injury. Non-financial damages are not automatically payable for every accident or solely for vehicle damage.
Check any release
Retain medical and expense records and notify the insurer promptly. Establish whether an offer settles only vehicle damage or every claim. A broad release before the medical outcome is understood may affect later recovery.
This publication is for general information and does not constitute legal advice on a particular matter. Legislation and case law may change. Seek legal assistance promptly, especially where a court or application deadline may apply.