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.
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.
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.
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.
- 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.
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.
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.
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:
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.
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.
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.