Motor Vehicle Accidents
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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?
The claim’s process
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?
How long will it take?
How much will I get?
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
We Want You to Understand the Legal Process, Step by Step.
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. While each claim is unique, the process will generally follow the below distinct stages:
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.
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.
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.
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.
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.
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.
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.