- September 2, 2016
- Posted by: Seymour Furlong
- Category: Uncategorised
If you have been involved in a car accident and are not the “at fault” driver and you have suffered injuries then you do have a right to bring a claim against the Compulsory Third Party (CTP) insurer of the vehicle at fault. People have a right to bring a claim themselves or they have a right to engage a car accident lawyer to bring a claim on their behalf.
There are many car accident lawyers in Queensland who can assist people in bringing a claim.
Can I claim?
In Queensland there is no restriction or limit on a person’s right to bring a claim provided they have suffered an injury from a motor vehicle accident. Even if the injuries are relatively minor you still have a right to bring a claim so as to ensure you can recover medical expenses and also receive any ongoing treatment you may need as a result of your injuries.
Steps involved in a claim
There are a number of steps which are involved in proceeding with a claim. Initially a claim form needs to be lodged directly with the insurer of the vehicle at fault. There are strict time limits under the legislation for this to be lodged. The claim form must be in the approved form and it must be accompanied by a medical certificate completed by a doctor detailing the full extent of the person’s injuries. If you engage a car accident lawyer then they would typically look at completing this claim form on your behalf and also obtaining the medical certificate required.
How much can I claim?
The amount of compensation a person receives depends on the seriousness and duration of their injuries and how this has affected them in their day to day activities and life. In a typical claim damages can be recovered for a number of different items and these generally include an amount of general damages for pain and suffering and loss of amenities of life, any medical or other expenses you are put to including travel, pharmaceuticals and other expenses, any past or future income loss, any care and assistance you may require from loved ones or family and friends, or even care and assistance which you need to engage and pay for, such as housekeeping duties and/or gardening duties which you are unable to undertake due to your injuries. In addition to this any ongoing medical expenses or treatment needs can also be recovered from the insurer.
Funding of treatment before the claim settles
Under the terms of the legislation there is provision for the insurers to pay for an injured person’s treatment whilst it is ongoing and prior to the claim settling. This is often of particular importance as after an accident it can take some time before a person’s injuries are stabilised and they have recovered however during this period they will have an ongoing need for treatment to be provided.
By using a competent car accident lawyer, he/she should be able to arrange with the insurers to fund all reasonable and appropriate rehabilitation which you may require to recover from your injuries.
What do car accident lawyers do?
The role of a lawyer is to conduct the claim on your behalf. They should talk you through in detail the process that’s involved and handle the claim from day one until conclusion. By doing this, it allows you to concentrate on your recovery and not have to deal with the insurers and it enables the claim to be handled on a stress and hassle-free basis. An experienced car accident lawyer would have many previous dealings with the insurance companies and their rehabilitation divisions. As such your lawyer should be able to assist you in obtaining the rehabilitation treatment which you need.
Should I use a lawyer?
In almost all cases in which a person suffers injuries it will generally be better for them to engage a lawyer to pursue the claim on their behalf. Even though the circumstances of the accident may not be particularly complicated and the claims process itself may seem relatively straight forward, a person does risk not receiving the full extent of the compensation they deserve unless they are properly represented.
Insurance companies are very experienced in compensation claims. They employ a number of lawyers and staff members having many years’ experience practicing in this area. It therefore creates a real imbalance if the injured person is not represented by an experienced lawyer.
Who pays the compensation?
The CTP insurer of the vehicle at fault is required to pay the compensation for your injuries. The driver at fault is not punished in any way. A CTP insurance premium is paid when you register a vehicle in Queensland. If the vehicle is unregistered or the registration has lapsed then a government entity known as the Nominal Defendant is the relevant insurer and will be the responsible party for paying your compensation.
Hit and run accidents
A car accident lawyer can bring a claim in circumstances where there has been a hit and run accident and the driver at fault has absconded from the scene without leaving any details. In these circumstances there are strict requirements under the Act for the injured person to conduct what is known as “due search and enquiry” to try and ascertain the identity of the driver or the vehicle at fault.
There are strict rules and guidelines laid down by the legislation and also by the court as to what is the appropriate level of enquiry that needs to be undertaken in these circumstances. It is vital therefore that if this happens to you that you seek expert legal advice as soon as possible so as to ensure your rights are fully protected.
Please contact our office on a completely obligation free basis in order for us to discuss with you your rights to bring a claim.
All claims are handled under our “no win no fee” guarantee policy. So, if you have been involved in an incident and require the assistance of a car accident lawyer please contact us to ensure your rights are fully protected.