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Public Place Claims

6. How to Make a Claim

Authors: Janelle Black
Firm / Chambers:
Last updated: 25 Aug 2015
    6. How to Make a Claim
  • After an accident you should take note of all of the details of the accident and your injury such as:
    • the date, time and place;
    • names and contact details of witnesses;
    • the specific circumstances such as whether you slipped and fell on liquid on the floor in the supermarket for example;
    • what you were wearing such as the kind of shoes;
    • who you were with and what you were doing at the time;
    • the injuries that were sustained or injuries you noticed at the time of the accident;
    • whether you reported the accident and to whom it was reported;
    • whether an incident report was completed; and
    • whether you sought treatment from a doctor, ambulance or hospital following the injury.
  • If there is an incident report written up or you do visit a medical practitioner you should get a copy of the documentation.
  • You should report the accident to an authority as soon as possible. An incident report should be completed by the relevant authority or person who attends at the accident scene.
  • If you have sustained a serious injury or one that has had lasting effects since the time of the accident you should continue to visit a hospital or your family doctor in order to document its ongoing effect on you.
  • If you required time off work you should obtain a medical certificate and explain the circumstances of your injury to the doctor. This is important for your own health but also for any potential compensation claim. An insurer will contact your doctor and obtain his or her notes to confirm the details of the accident and injury.
  • You should keep track of the way your life has changed since the accident including all medical appointments, treatment, time off work and things that you could do before the accident but cannot do any longer.
  • It is important not to exaggerate your injuries.
    • Insurance companies often employ private investigators to take videos of claimants in these cases when they do not know they are being watched. These videos will be compared with your statement to see whether you are claiming for more than you have suffered.
    • Judges also tend to notice and appreciate claimants who show a positive attitude and who try to make the best of their situation despite their injuries.

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