If you have been injured as a result of a motor vehicle accident, seek legal advice promptly as very strict time limits apply in bringing a claim.
What the Law says
At Accident Legal, we are acutely aware of the road rules relating to motor vehicles/cars.
The road rules are contained in the Transport Operations (Road Use Management – Road Rules) Regulation 2009 (QLD).
Speak to one of our expert road rule lawyers now for more information on these laws and how they may or may not affect your case! Our expert knowledge of these laws can help you win your case.
What if I am at fault?
The motor vehicle personal injury claims scheme in Queensland is not a no-fault scheme.
This means that in order to be awarded compensation the other driver involved in your accident needs to have been at fault. If you are partially at fault and the other driver is also partially at fault you are still entitled to the compensation, however your compensation will be reduced to the extent you were at fault.
If you are unsure whether you were at fault, or partially at fault, contact us for a free, no obligation consultation and we will provide you with quick, expert advice in relation to whether you have a claim.
Can I bring a claim against the driver of my vehicle if I was a passenger?
Yes, as long as you believe the driver of your vehicle was at fault. You don’t need to worry about bringing a claim against a driver you know (i.e. partner, spouse, friend etc) because the driver of your vehicle will be insured by compulsory third party insurance that comes when the vehicle is registered.
This means the insurer, and not the driver, will be responsible for paying you the compensation you are legally entitled to.
Are there time limits in bringing a claim?
Yes. Strict timelines apply. Contact us immediately to see whether you are still within time for making a claim.
How long will my claim take?
This will depend on the severity of your injuries and the complexity of your claim. As a general rule, most claims take between 12 months to 18 months to complete. There is often an initial delay while your injuries stabilise.
What can I claim for?
You are entitled to claim compensation for the following:
- The pain and suffering you have experienced
- Your past and future loss of income (including superannuation)
- Your past and future out-of-pocket expenses (i.e. medical expenses, travel expenses, rehabilitation expenses)
- The past and future paid care or services (i.e. cleaning, gardening, personal care needs etc.) that you had to pay someone to do as a result of your injuries
- The past and future care provided to you by others (usually family members) for no charge (i.e. cleaning, gardening, personal care needs etc.) that you required as a result of your injuries.
How much compensation can I receive?
Each individual claim will be assessed on the basis of the extent of their injuries resulting from the accident and how these injuries affect their work and social functioning. You can see the latest CTP statistics here.
Do I need to pay a fee?
You don’t pay us a cent unless you win your case and you are paid compensation.
Do I need to be in a vehicle at the time of the accident?
No. If you were a pedestrian you can bring a claim against the driver of the motor vehicle that caused your accident.
Does it matter if I was involved in a "Hit and Run?"
No. If the driver that caused your accident left the scene of your accident and can’t be identified, you can still bring a claim. Contact us immediately to discuss.
Please don’t hesitate to contact us for a free, no obligation consultation with a Senior Lawyer from our expert Legal Team who will be able to answer any questions you may have.