Know Your Rights with Road Accident Claims

Check your rights & entitlements. Get a free case review with our team via the form below or call 07 3221 8000.

If you suffer injuries as a result of a motor vehicle accident, you may be entitled to claim damages. You may be the driver, rider, passenger, or pedestrian.

Time limits do apply, so if you have been involved in an accident, you should contact us as soon as possible to protect your legal rights and discuss your entitlements.

What is a motor vehicle injury and who can claim?

Motor vehicle injuries include those incurred with the involvement of a bus, bike, train, motorcycle, car, truck or other motor vehicle.

If you’ve been injured in a motor vehicle accident due to the negligence of another person, a Lawyers can help you obtain all the compensation and damages to which you are legally entitled.

We can help if you are:

A pedestrian injured by a vehicle
A cyclist injured by a vehicle
Suffering a whiplash injury as a result of a vehicle accident
Injured while driving a vehicle
Injured while being a passenger in a vehicle
Injured in a motor vehicle accident involving livestock on the road
Injured on public transport

If the ‘at-fault’ vehicle is identified and negligence can be established, your claim can be made against the Compulsory Third Party (CTP) insurer of that vehicle. Everyone who registers a motor vehicle in Queensland must have CTP insurance, and all motor vehicle owners are liable for personal injury claims made against them by other road users.

If an ‘at-fault’ vehicle cannot be identified, is unregistered, or not covered by CTP insurance, your claim can be made against the state government, as the Nominal Defendant. There are strict time limits for this so please ensure you contact a Lawyer immediately.

If you were partly at fault, you can still claim but the compensation you are entitled to may be reduced.

Most importantly, you should obtain advice from a Lawyer before signing any documentation or responding to any settlement offer from the other party, or you may lose your right to claim damages.

You should contact us as soon as possible after the injury, because strict time limits apply for making a claim.

What is a motor vehicle claim?

If you suffered an injury in a motor vehicle accident (i.e. a car, motorbike, lorry, train, boat, truck or any other motor vehicle) that was caused by another person or where you were only partially responsible, you have a right to claim. This is known as a Motor Accident Claim. It is compulsory for all vehicles registered in Queensland to have third party insurance so the claim will proceed against the CTP insurer of the vehicle at fault. If however, as mentioned above, the accident involves an unidentified vehicle (e.g. a “hit and run” or an unregistered vehicle), there is an insurer against whom the claim will be made; i.e. the Nominal Defendant, the Government insurer.

The claim’s process

The claim is brought against the compulsory third party insurer of the “at fault” vehicle. All vehicles in Queensland are required to have a policy of third party insurance attached to the vehicle registration. Where there is no registration of the “at fault” vehicle, a special Government body, known as the Nominal Defendant, will take the place of the third party insurer.

Time limits

You must lodge your claim within nine (9) months of the date of the accident, or within one (1) month of consulting a solicitor. If you do not, you can still lodge a claim, but you will have to reasonably explain the delay. Further, if you do not commence Court proceedings within three (3) years from the date of accident, then you will forever lose your right to claim.

It is important to note that if you cannot identify the “at fault” car, you should contact us immediately. Where a car cannot be identified or where its registration has lapsed, there is only three (3) months from the date of accident to lodge the claim forms.

What can I claim for?

Loss of past income;
Loss of future income;
Pain and suffering;
Out of pocket expenses (e.g. medications, hospitalisation, physiotherapy, surgery, chiropractic treatment); and
Any necessary care or assistance you have required or will require in the future.

After your claim forms are lodged and we have been advised by the insurance company that they are liable for the accident, we can obtain reasonable funding for rehabilitation expenses from them. This means less financial strain on yourself at a time when you are already under significant financial pressure.

Who can claim?

You are entitled to claim for damages as long as you are either not at fault, or if the accident was only partially your fault. You can also claim if you were a passenger in a car or on a motorcycle. You can claim if you were a pedestrian or on a bicycle and were hit by a car, truck, motorcycle, or any other registered motor vehicle. You can even claim if you were the driver or passenger and the crash happened because of a defect in your vehicle. Obviously, there are many circumstances in which you may bring a claim; it is important you contact us for an initial consultation so we can discuss your rights.

How long will it take?

At this stage, it is impossible to provide an estimate of how long your claim will take. The simple answer is that it depends on your, injuries and how long it takes for them to resolve. It is important not to finalise a claim prior to your injuries being fully recovered from. If you make a quick recovery, your claim may take only a relatively short period of time.

How much will I get?

The worth or “quantum” of your claim depends on how the accident has impacted on your life, and importantly, your work and earning capacity. If the impact is minimal and you make a quick and complete recovery from your injuries, then your claim is likely to be modest. If however the injuries affect your ability to perform your work, or even require that you need to change your employment, your claim is necessarily likely to be much more significant. There are of course many different factors that affect how much money you will receive, as there are many “heads of damage” that are worth claiming for. Queensland Law Group are experts in this field and are able to properly appraise you of all the possible routes of obtaining compensation. This is why getting legal advice is so important.

What next?

You need to talk to us as soon as possible. It is very important that you speak to a lawyer before signing any documentation from the other party or their insurance company. This could affect your right to make a claim. Of course, strict time limits do apply to bringing a motor accident claim, so we recommend that you speak with one of our experienced injury lawyers as soon as possible after the accident. They will be able to appraise you of your right to claim and the process for doing so. If you wish to speak to our Managing Solicitor at the Brisbane office, Glenn Brown, please contact him on (07) 3171 8337 and he will be pleased to assist with any questions you may have relating to the commencement of a claim.

We would be very pleased to speak to you over the telephone, or even if you want to drop into our Brisbane office. If you have difficulties travelling to our office, call us and we can visit you. We can instantly assess your eligibility for damages, and provide you with advice on how to make a motor vehicle accident claim and receive damages accordingly.

You are entitled by law to receive damages for the injuries brought about by the negligence of another person, so contact us toll free on 1300 753 529 for a discussion concerning your claim, or contact us by email.

No win no fee

‘No win, no fee’ means you will only be charged a fee once the claim is settled in your favour.

Costs

Most of our compensation claims can be run under our “No Win/No Fee” policy. In other words, you will only need to pay our professional fees if there is a judgement or settlement in your favour.

We want you to understand the legal process, step by step.

While each claim is unique, the process will generally follow the below distinct stages:

Stage

You tell us exactly what has happened to you. We review the details of the incident and tell you if your case has good prospects for success or if it does not. There are no costs to you for this advice, and you are under no obligation to proceed with legal action. Should you choose to make a claim, we submit a Notice of Claim to the other party notifying them of your intention to pursue a claim and the circumstances of your case within one month of the initial consultation.

Stage

The insurer investigates your claim to determine if they will accept liability in full or in part, or will deny that they are liable for your injuries. We continue to obtain updates from you in relation to your injuries, treatment, requirement for assistance, the status of your employment and so on. In some cases, it is appropriate for The Lawyer to liaise with the insurer to ensure that they assist you in obtaining rehabilitation for your injuries.

Stage

We compile evidence to assist in proving your claim to the insurer, including medical, taxation, nancial and employment records. We may also obtain expert medical reports depending on the nature of your injuries; and you may be required to attend medical examinations with specialists of the insurer’s choosing. Reports from experts in other elds that relate to your case may also be sought at this stage.

Stage

We give you an assessment of the amount you can reasonably expect as a settlement and, with your authorisation, we submit an opening offer to the insurer to commence settlement negotiations. Generally, settlements will be reached through these negotiations. Out-of court settlements are usually in everyone’s best interest because they can resolve the claim faster, and with much less expense, than if the claim proceeds to trial. If a settlement can’t be achieved, we lodge court proceedings on your behalf in the appropriate court.

Stage

Once your claim has been successfully settled or judgement has been given in a court, we arrange for you to receive the funds to which you are entitled, and arrange for payment of your legal fees. Should the claim not be successful, The Lawyer does not charge you for legal fees or disbursements.

The actual time taken for a negotiated settlement to be reached will depend on the facts and complexity of your case. Claims that go to the courts will take longer and be subject to the schedules of the court.

Most cases settle before they get to court. The reason is simple. We assess each case very thoroughly, and we only advise clients to pursue compensation or damages when there is a clear likelihood of a successful outcome.

Case studies

John is a 28 year old plumber, who is married with a one year old daughter

He was recently involved in a motor vehicle accident (MVA) where his ute was struck by another vehicle. There was major damage caused to the ute and more importantly, John has sustained injuries that affect his working capacity. John will require considerable rehabilitation of his left shoulder, lower back and neck and may be unable to return to work for quite some time. John contacted his Lawyer discuss his situation arrange a time to meet for his initial no obligation consultation.

After the consultation with his Lawyer, it was agreed that the Lawyer would commence working on his case. Independent medical assessments were completed by specialists and it was determined that John had permanent impairment that would affect his earning capacity for the rest of his working life.

Fortunately John was eventually able to return to full time employment again. However the claim continued against the third party insurer for the vehicle at fault and compensation was awarded to John for lost wages, pain and suffering experienced together with a monetary amount for future economic loss.

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Mary is a 37 year old single mum who works full time for a major retailer

She was recently involved in a motor vehicle accident (MVA) where a truck collided into the rear of her small car. From the impact of this collision Mary sustained injuries that affected her capacity to complete her regular tasks at work. She will have considerable rehabilitation and may be unable to return to previous working capabilities. A friend suggested Mary visit a specialist MVA lawyer who offers a no obligation consultation.

The following week Mary met with her lawyer where she was able to discuss the accident and agreed to have the Lawyer commence working on her case. Independent medical assessments were completed by specialists and it was determined that Mary had permanent impairment that would affect her earning capacity for the rest of her working life.

Unfortunately Mary was unable to return to her previous responsibilities, however her work place were able to re-assign Mary to another role. The claim continued against the third party insurer for the vehicle at fault and compensation was awarded to Mary for lost wages, pain and suffering experienced together with a monetary amount for future economic loss.

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Know Your Rights with Road Accident Claims

We want you to understand the legal process, step by step.

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100 Wharf Street Brisbane QLD 4000

GPO Box 1405 Brisbane QLD 4001

Phone: 07 3221 8000

Fax: (07) 3229 9090

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