Suffering serious injury in an accident is a traumatic enough experience. But when it impacts on your employment, life becomes even more complicated. If you are unable to work or you are earning less because of an injury, you may be eligible to claim a loss of income. A claim for loss of income is part of a personal injury claim.
In Australia, road accidents are the most common reason for claiming loss of income.
What should I do after a road accident?
After a road accident, taking care of your health is the number one priority. You should immediately seek medical treatment for any injuries you have suffered and keep copies of medical records and other details that will help you with your claim.
You also need to obtain as many details as possible about the other party: their registration number, contact details and CTP insurer.
You should also report the accident to the police as soon as possible. If you don’t do this within 28 days, you’ll be required to explain the reason on your claim.
What is loss of income?
There are a few different examples that can constitute loss of income. If you have been injured to the extent that you cannot do your job, either temporarily or permanently, you’re eligible for loss of income compensation. You are also entitled to loss of income if you have had to reduce your hours or knock back over time and have suffered loss of income as a result of this. You may also have a right to claim loss of income if you have missed out on a promotion or an opportunity to enter into better paid employment.
If your spouse was killed in an accident and was contributing to the household financially before the accident, then you will also likely be eligible for loss of income.
Check if you have a claim with our simple, free online tool.
What we will ask:
Details about the accident and injuries that have happened to you or your loved one
Basic personal information that is relevant and necessary for your claim
What happens next:
Either book a no-obligation appointment with a motor vehicle accident legal expert right away or,
Speak with our team about your options
What are my rights?
If you’ve been injured as a result of another driver’s negligence, you have the right to claim for loss of income. You need to have held a valid driver’s licence at the time of the accident and not been under the influence of drugs or alcohol.
If you were partly or completely at fault for the accident, you may still be able to receive compensation for loss of income, but at a reduced amount.
In Queensland, strict time limits apply to making a motor vehicle accident compensation claim. You have to place the person at fault on notice of your claim within nine months of the injury or within one month of talking to your solicitor. If the accident is a hit and run and you do not know the details of the vehicle at fault, then very strict time limits apply. Every state has its own rules for claiming loss of income benefits.
Am I eligible?
If you have lost your job or your income has been reduced in some way due to somebody else’s carelessness, you may have the right to claim for loss of earnings compensation.
If your spouse was contributing financially to the family and they were killed in an accident, leaving you and your children with reduced income, you also have the right to make a claim.
How Shine can help
We have helped thousands of Australians right wrong and access more than $1 billion in entitlements and compensation through our expert services.
95% of the cases we represent are settled without the stress of going to court.
We offer access to affordable legal advice including on a No Win, No Fee* basis and an obligation-free initial consultation, so you can understand your rights and know where you stand.
*Conditions apply
We are ready to take action to get you quick access to the help and compensation you need to right wrong.
FAQs
Are there motor vehicle & pedestrian accident lawyers near me?
With more than 40 branches across Australia and 1000+ team members, location is no barrier when it comes to accessing Shine Lawyers legal advice and support.
If you or your loved one has been injured on the road or as a pedestrian and you'd like to speak to our motor vehicle accident team in person, you can see our full list of locations here.
If you can't find a location near you, we can easily arrange an obligation-free virtual appointment or discuss the option to meet at a location that’s comfortable and convenient for you. No matter where you are located, we will always provide the same, expert advice and manage your road accident claim with the same level of quality and commitment.
Can I represent myself, or do I need a motor vehicle accident lawyer?
If you have car accident injuries, a lawyer can help you with the claims process, as well as if your claim ends up in court (against the insurer’s lawyers). A lawyer can help you:
Understand your legal rights and entitlements
Make sure you don’t miss an important step in the claims process
Move your case forward to seek compensation for your injuries
How is a driver classified as being at-fault in a car accident?
A driver is classified as being at-fault in a car accident if their negligence caused the accident. All drivers have a duty to take reasonable care while driving. The duty is owed to all other road users. A driver may be negligent if, for example, they:
Don’t keep a safe distance behind the car in front
Drive while over the legal alcohol limit
Speed
Fail to obey road signs or stop at a traffic light
Do I need a car accident lawyer after a motor vehicle accident?
We recommend seeking legal advice from a lawyer if you’ve been involved in a car accident, particularly if:
You’ve been injured in a car accident
There’s an argument about who’s at fault in the accident (more than one driver could be at fault)
An insurer for another driver has been in contact with you
There’s a dispute with an insurer
Do you have a claim?
We’re here to make the claims process as simple and stress-free as possible.
