If you are injured in a motor vehicle accident caused by someone else’s negligence, you could have the right to make a car accident claim under QLD personal injury laws.
If you are a driver involved in a traffic accident in a car, bus, truck, or motorcycle or as a pedestrian, you may be eligible to seek car accident compensation for physical or psychological injuries or for fatal injuries.
The Car Accident Compensation Lawyers QLD provide a free case review that can advise you on your eligibility for a traffic accident claim and your rights and entitlements. All our road accident legal services come with a genuine 100% no-win, no-fee, no-risk guarantee. Pay only for a win and nothing if you lose. It’s free to know your options.
The primary purpose of a car accident claim (also known as a motor vehicle common law claim) is to seek compensation for the losses and damages incurred after a road accident. A lump sum settlement can include financial compensation for:
The purpose of an approved car accident compensation claim is to help you recover financially and emotionally from the incident, allowing you to resume your life as it would have been before the accident.
You may be eligible to file a car accident compensation claim if you sustain injuries in a road accident that was not your fault. Even if you were partly at fault for the car crash, you could still have a valid case.
NOTE: You will not be eligible if you were the driver of the at-fault vehicle and 100% to blame for the collision.
The Car Accident Compensation Lawyers QLD can advise you on your eligibility during a free case evaluation. It’s free to know where you stand, and all our legal services are 100% no-win, no-fee. Call 1800 860 777
Compensation can cover a wide range of physical or psychological injuries sustained in motor vehicle accidents. Some common medical conditions include:
In Queensland, compensation payouts for psychological injuries can be significant, especially when they prevent the injured party from returning to work.
If you have suffered psychological or physical injuries in a Queensland motor vehicle accident that was not your fault, Queensland personal injury legislation protects your right to claim compensation for your loss.
The Motor Accident Insurance Act 1994 (the Act) established the compulsory third-party insurance scheme in Queensland that covers compensation for all types of road accidents.
In most cases, the third-party insurance provider of the at-fault motorist will be responsible for paying compensation. Hence, you must lodge a claims notice with the compulsory third-party insurer after a motor vehicle accident.
An injured person must claim damages within the strict time limits outlined in Queensland motor vehicle accident legislation. Failing to commence legal action before the due date typically results in exclusion from seeking compensation. Here are the general time limits:
If you do not know the details of the at-fault driver or they are uninsured, your claim is lodged with the Nominal Defendant. In this case you have:
Generally, CTP insurance covers injuries resulting from a motor vehicle accident in which you were not at fault or only partially at fault. Standard CTP policies may restrict or deny your ability to claim compensation if you were completely at fault
This rule applies because CTP insurance primarily protects other road users who suffer injuries due to your negligence.
No fluff, spin or legal jargon, just straight up honest advice you can actually use.
You could be entitled to claim compensation for car accident injuries caused by someone else’s negligence.
Injured motorcycle riders could claim common law damages against the at-fault driver’s CTP insurer.
Bicycle accidents can cause minor and severe injuries that trigger a financial loss. In this case, you could be eligible to claim damages from the CTP insurer of the at-fault vehicle.
Injured pedestrians could have the right to make a common law claim against negligent drivers for their injuries.
You can still make a personal injury claim after a hit-and-run accident with an unknown driver. In this situation, the nominal defendant takes the place of the CTP insurer.
Public transport accidents can happen while using a bus, tram, train, ferry, ship, or aeroplane or inside a terminal. You could have a valid case when a public transport provider fails to keep you safe.
You could seek compensation when you are financially dependent on a close family member who is fatally injured in a road accident. An approved wrongful death claim gives surviving family members of the collision cover for lost financial support.
Claims for motor vehicle accidents cover more than just drivers and include the following:
We utilise the latest technology, enabling our QLD-wide team to explain your legal rights wherever you live in our great state.
Know your entitlements
When injuries affect your ability to work, you may find it difficult to pay your bills, which makes the cost of legal advice an added burden. That’s why people seeking advice for motor vehicle accident claims often choose a no-win, no-fee arrangement.
The Car Accident Compensation Lawyers QLD offers a genuine 100% no-win, no-fee, no-risk policy, which provides the following benefits:
Our motor vehicle accident legal team can explain your eligibility for 100% no-win, no-fee funding during a free case review. Call 1800 860 777
To successfully seek damages in a car accident claim, you must show that someone else was at fault for the accident, which requires evidence including
There are four steps to successfully proving a common law claim.
An experienced car accident compensation lawyer understands the legal process of seeking damages and can advise on how they apply to your case.
The following factors determine how much compensation you receive for a traffic accident claim:
In Queensland, compensation calculation considers “heads of damages,” including general damages for pain and suffering and economic damages for financial loss.
Seeking compensation for pain and suffering includes various non-economic losses associated with the accident, including psychological injury. Pain and suffering compensation covers the harmful impact of the injury on your life, both physically and mentally.
Queensland uses the ISV scale to determine the value of pain and suffering payouts. Lump sums for pain and suffering are usually associated with more serious injuries, and these amounts can significantly influence the amount of total compensation.
Economic damages cover financial losses and reimbursement of injury-related outlays, including:
The at-fault vehicle’s CTP insurance cover allows you to claim these costs. However, you must keep receipts for all outlays, which are essential proof for claiming medical expenses.
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The Car Accident Compensation Lawyers QLD provides a free case evaluation that includes a settlement estimate based on your circumstances. It’s free to know your entitlements. Call 1800 860 777
The value of a car accident payout depends on many factors including:
Most motor vehicle accident claims in QLD are resolved through mediation, and the settlement value is confidential. However, compensation payouts from court proceedings are made public. MAIC also publishes average payout amounts for traffic accident settlements in Queensland.
Case | Occupation | Injury | Degree of Impairment | Whiplash Payout Amount |
|---|---|---|---|---|
Eustace v Dubrava | Debt Recovery Officer | Aggravation of pre-existing neck and back problems | 4% | $12,966.90 |
Evans v Williams | Kitchenhand | Lumbar spine and psychiatric injuries | 10% | $42,364.27 |
Moynes v Heilbronn | Library Assistant | Whiplash spinal strain injury | 4% | $57,942.88 |
Powzyk v Serchar | Plasterboard Fixer | Spine, chest and joint injuries with psychological abnormalities | Unknown | $61,018.50 |
Murphy v Turner-Jones | Taxi Operator | Neck and spinal injuries | 10% | $200,776.07 |
Here are the seven steps of filing a motor vehicle accident claim in Queensland
The first action after a car accident is to seek immediate medical treatment, which starts the recovery process and is vital if you suffer a severe injury. You should see a doctor even if you have no symptoms, as some injuries, like whiplash, take time to develop. Furthermore, a medical practitioner can provide the documents required for a CTP insurance claim.
Gathering comprehensive evidence will help prove a claim and includes:
Personal injury lawyers can explain how to gather the necessary evidence to support a claim.
The next step is to notify the CTP insurance company. Starting the claim process requires reporting the involved parties’ details, including the car crash location, date, and time.
You have the right to seek legal advice from a personal injury lawyer for a motor vehicle accident that causes physical or psychological injuries. A specialist personal injury lawyer can help ensure that all aspects of an injury claim are thoroughly addressed.
They can advise you on eligibility for entitlements, the claims process, and your next steps.
Next, lodge an accurate CTP claim form that addresses the insurer’s requirements.
It is necessary to obtain the registration number of the at-fault vehicle and any additional registration numbers if multiple cars are involved. If the at-fault vehicle was registered in a different state, you should contact the CTP regulator of that state to lodge your claim.
Most motor vehicle accident claims in QLD are settled through mediation. During this process, insurance companies use various techniques to reduce the value of car accident payouts. Experienced road accident solicitors understand the strategies that insurers use to lower lump sum settlement values.
In rare cases, there are court proceedings to settle a personal injury claim for a traffic accident. Typically, a lawyer or solicitor provides legal representation with support from a barrister. A legal matter would not proceed to court without specific instructions from the claimant.
Dealing with insurance companies can be one of the most frustrating aspects of making a car accident claim. This frustration is primarily due to the fact that CTP insurers frequently strive to minimise their responsibility for compensation payments. You can help facilitate the process by taking the following steps:
Proving fault is critical to the success of a car accident claim. This step requires clearly establishing the responsible party’s liability with evidence such as police reports, photos, and witness statements.
Road accident cases can be particularly complex, especially for severe cases and when they involve multiple vehicles. In this situation, there are typically multiple liable parties and CTP insurers who each dispute their level of negligence. A lawyer with extensive experience understands how this scenario impacts the claims process.
Contributory negligence occurs when the claimant is partially at fault for the accident, potentially affecting their compensation. In cases of contributory negligence, the compensation amount can be diminished based on the claimant’s degree of fault.
CTP insurers usually try to maximise the level of contribution in order to reduce the settlement payout value.
For example: You have a not-at-fault road accident and also receive a traffic infringement notice. The insurance company will surely say you helped cause the accident. If a criminal lawyer can have the police retract the infringement notice, you could have a reduced level or no contribution to the traffic accident.
If you are a rider, passenger, pedestrian, or driver involved in a road accident, a car accident lawyer can explain your eligibility to claim compensation and the next steps.
Our personal injury lawyers can provide free initial legal advice to help clients understand their rights and options. Furthermore, all our legal services are funded on a 100% no-win, no-fee basis. Pay only for a win and nothing if you lose. It’s free to know your options.
It’s free to know your options. Call 1800 860 777
Most car accident compensation claims settle within nine to twelve months; however, complex cases involving large payouts could take up to two years.
You must provide your insurance company with the following information if you are not at fault for a car accident:
In Australia, the calculation of pain and suffering compensation considers how much your injuries have changed your daily life and work capacity, as well as your possible future expenses.
A CTP insurer will not pay out if you were 100% at fault for the accident. But you could receive some compensation if you were partly to blame.
Comprehensive insurance covers vehicle damage regardless of who was at fault for the collision.
There is a significant variation in compensation payouts for car accident injuries. According to QLD court judgements, you could receive:
There is a significant variation in compensation payouts for car accident injuries. According to court judgements in Queensland (QLD), you could receive the following amounts:
$12,966.90 for aggravation of an existing back injury, as in the case of Eustace v. Dubrana
$41,560 for a whiplash injury (O’Brien v. Merton)
to $200,766.07 for neck and spinal injuries (Murphy v. Turner-Jones)
An experienced motor vehicle accident lawyer can explain how ‘heads of damages” would apply to you situation.
It’s free to know your options
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