Auto Insurance Claims: passanger accident claim third party, Australian Tort Law

Question

the car  

the other car   HI MY NAME IS TRISHA , I JUST WANT TO KNOW CAN I CLAIM THIRD PARTY AS A PASSANGER I WAS TAKEN TO HOSPITAL BY AMBO ON 10-01-14 AND TODAY THE 12-01-2014 I AM STILL SUFFERING WITH NECK , SHOULDER , CHEST , BACK AND STOMACH PAIN AND TAKEN PAIN KILLERS AND I DONT NORMALLY TAKE ANY PAIN KILLERS

Answer
Trisha,

  In Australia, you definitely can claim damages as a third party passenger based on a theory of negligence in tort.  The person who was negligent in the accident would be responsible, and since they SHOULD have insurance according to Motor Accidents Compensation Act (1999), then you should be able to bring a claim against their insurance and recover your reasonable damages. If there is an argument about who was at fault, the law requires the one asking for money to prove their damages were a direct result of the negligence of the other party.  Make sense?  Sometimes, tort law can be complicated and if the company refuses to pay what is fair, then, you'll either need to be really studied about the law, or seek assistance of attorney.  

   I hope this helps!  File your claim!  Information is always free at Petty Details, LLC.

JP