Car Accident Injury lawyers
Your Motor Vehicle Accident Injury Specialists
If you’ve been injured in a car accident in Queensland due to another driver’s fault or partial fault, you may have a right to claim compensation.
Our experienced Brisbane car accident lawyers can help you understand your rights, provide legal advice, and maximise any compensation you are entitled to so you can recover without additional stress or financial burden.
Whether you are the driver, passenger, pedestrian, cyclist or motorcyclist physically injured or psychologically impacted, contact the team at Seymour Furlong Lawyers to discuss your situation today.
We’ll Review Your Case for Free – No Win, No Fee – No On-Going Costs
No Win, No Fee
We work on a 100% No-Win, No-Fee basis. That means there are no upfront costs or legal fees to pay until you receive your compensation payout. If, for some reason, you don’t win your case, you have nothing to pay.
Ready to Take the First Step? Give Our Office a Call Today.
Call us at 07 3879 1644
Free Claim Check
We offer a free detailed claim check for victims of motor vehicle accident cases at no upfront cost to you. We analyse the details of your accident and let you know where you stand up front and what your options are.
To Book Your Free Claim Check
Call us at 07 3879 1644
Our Goal is to Get You the maximum compensation you deserve
Hire a Lawyer experienced with winning claims just like yours
You Can Count on Us
Who Can Make a Claim?
Provided your accident happened on a Queensland road, and you fall into one of the following categories, you can pursue compensation:
- Driver: You were driving and suffered injuries due to another driver’s negligence
- Passenger: You were injured as a passenger in either vehicle
- Pedestrian: You were a pedestrian and were struck by a vehicle and sustained injuries
- Cyclist and Motorcyclist: You were injured by another vehicle while riding
What Can I Claim For?
- Medical Expenses: You can claim for injury-related medical costs, including all future treatments, hospital and doctor bills, prescription medications, and in-home care if needed.
- Rehabilitation costs: Rehabilitation for services aimed at restoring your health and functionality, including physiotherapy, occupational therapy, psychological counselling, and other necessary treatments
- Lost Wages: If you stop working due to your injuries, you may claim for lost wages, including lost superannuation and other benefits you would have received.
- Pain and Suffering: Compensation could be applicable for physical or emotional suffering, depending on the severity of the injuries. This is often called ‘general damages’ and typically applies to more severe cases.
How Much Can I Claim?
Below is data published by the Motor Act and Insurance Commission on the payouts for car accident compensation in QLD.
- Minor injuries: average payout of $82,600
- Moderate injuries: average payout of $183,000
- Serious injuries: average payout of $358,600
- Severe injuries: average payout of $636,600
- Critical injuries: average payout of $1,486,400
The average compensation payout is approximately $104,979.
In the case of catastrophic injuries, such as brain injury, paraplegia, or amputation, the compensation payout can be a substantial amount.
The above is intended as a guide only, and any amount of compensation you can receive depends on many factors, such as the severity of the injury, the impact on your life, whether you are permanently disabled, the level of fault of the driver, age and life expectancy, medical history and more.
What to Know Before Making a Claim
Proving Who Was At Fault
It’s important to know that Queensland’s CTP insurance scheme is fault-based. If you’re injured in an accident and intend to make a motor vehicle accident compensation claim, you must prove the other driver was wholly or partly at fault.
- However, even if you were partially at fault, you might still be eligible for compensation, though the amount may be adjusted based on your level of responsibility.
Time Limits On Claims
The notice must be provided by whichever of the following is earliest:
Claims that involve vehicles that cannot be identified must be lodged to the Nominal Defendant within 3 months
The courts in Queensland give a three-year time limit for filing documents and guarding your claim. In section 109 of the Motor Accident Compensation Act 1994, which governs the legal rights of people who sustained an injury from driver negligence on Queensland roads, you have 3 years from the date the injury occurred or the date when the injury caused death.
Information can be confusing, so it’s best to speak with us about your claim so you can make all the important deadlines.
Types of Motor Vehicle Compensation Claims
- Compulsory Third Party (CTP) Claims – CTP compensation claims are made against the CTP Insurer of the driver at fault in the accident.
- Medical and Rehabilitation & Claims – Claims seeking compensation for the victim’s medical and rehabilitation costs
- Personal Injury – Compensation for emotional or physical pain and suffering due to the accident
- Property Damage – For the costs associated with repairing or replacing a damaged vehicle or other physical property
- Dependency Claims for Fatalities – Death Dependency Claims for the dependents of a person who died in the accident.
- Loss of Earnings – This is when a person seeks compensation for the loss of income whilst off work due to the accident.
The Claims Process in Queensland
-
- Report the accident to the police within 24 hours if anyone is injured or killed.
- Immediately seek medical attention and obtain a medical certificate(See detailing your injuries.
- Get in contact with us as soon as possible after the accident.
- We will gather all available evidence and documentation, including police reports, photographs, witness statements, medical reports, and income statements.
- We will identify the at-fault driver’s CTP insurer and submit a Notice of Accident Claim Form to it within nine months of the vehicle incident or within one month of consulting us, whichever comes first.
- We negotiate settlements that are fair and will cover your losses and damages.
- Proceed to Court (proceeding to court is not a common occurrence for our office as we settle majority of the claims before then) to present your case for compensation if a fair settlement has not been reached.
Common Questions About Car Accident Compensation Claims
What is CTP Insurance?
CTP, or compulsory third-party insurance, is mandatory insurance paid for when you pay for your vehicle registration each year in Queensland. It doesn’t cover vehicle repairs or property damage, but it is designed to protect both accident victims and motorists in the following ways:
- Protection for Motorists
It protects motorists from the potentially large legal and financial liability costs they could incur should they be at fault for injuring someone in an accident.
- Protection for accident victims
It can pay compensation to eligible accident victims for medical treatment, rehabilitation support and more.
NOTE—Considering the average cost of a CTP insurance claim is approximately $100,000, with some even in the millions of dollars range, it’s no wonder it’s a condition of motor vehicle registration and compulsory in Australia.
Why Use a Lawyer and Not Do It Myself?
You are not legally required to have a lawyer represent you for your CTP claim. However, using a specialist personal injury lawyer can make a big difference to the outcome of your compensation claim, especially if your claim is disputed or complex.
Insurance companies are highly skilled at minimising payouts with their teams of lawyers and experienced staff.
Your lawyer will oversee the entire claims process and create a level playing field to protect your rights and secure the maximum compensation you are entitled to.
What if the At-Fault Drivers Car Was Unregistered?
If the vehicle is unregistered or the registration has expired, injury claims can still be brought against the Nominal Defendant.
When Can I Not Make a Claim?
If the injured person was totally at fault or if no one was at fault, then the injured person cannot file a motor vehicle accident claim.
What if it was a hit-and-run accident?
A lawyer can bring a claim when there has been a hit and run accident, and the driver at fault has left the scene without 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 to ascertain the identity of the driver or the vehicle at fault.
The legislation and the court lay down strict rules and guidelines regarding the appropriate level of enquiry that must be undertaken in these circumstances. Therefore, It is vital that if this happens to you, you seek expert legal advice as quickly as possible to make sure your rights are protected.
If I am at Fault and Seriously Injured, Can I Claim Any Compensation?
If you are seriously injured due to a car crash in Queensland you are at fault for, on or after 1 July 2016, you could claim compensation for medical costs and other benefits under the National Injury Insurance Scheme Queensland (NIISQ)
This no-fault insurance scheme provides eligible people with support, care, and sometimes life-saving treatment.
What if I disagree with the decision on CTP liability?
If you disagree with a CTP insurer’s decision, you can:
- Discuss the Decision: Talk with your claims consultant or the State Claims Manager.
- Request an Internal Review: Request a review within 28 days of receiving the decision.
- Lodge a Dispute: If the dispute remains unresolved, you can lodge it with the Personal Injury Commission, an independent tribunal that helps resolve disputes.
- Take the Matter to Court: If the issue is still unresolved, you may need to take it to court, where it’s advisable to seek the right legal advice beforehand.
How long Will My Claim Take?
The time it takes to resolve a claim can vary, often taking several months. Our team will work diligently to help you access compensation immediately. After assessing your case, we can provide an estimate of how long it might take to settle.
Can I Claim Compensation for Whiplash?
Yes, whiplash is a common injury resulting from a car crash. To claim whiplash compensation in Queensland, you must demonstrate:
- Involvement in an Accident: Proof you were involved in an accident.
- Proof of Injury: Medical evidence of the whiplash injury.
- Negligence of Another Party: Evidence the other party was at least partly responsible for the accident.
Can I Claim Compensation for a Work-Related Motor Accident?
You could be eligible for compensation if the accident occurred while you worked. The eligibility depends on the nature of your job and the circumstances of the crash, included by not limited to travel to and from work.
Who pays my motor accident claim?
If you are not the at-fault driver and successfully win your vehicle accident claim, the CTP insurer will pay it.
Have another question that's not answered here?
Call our office on 07 3879 1644 or send us a message.
Whatever question you may have about a road accident injury claim, our friendly team can answer it.
Available Wherever You Are
If you’ve suffered an injury, our team is not far away. They will come to you if needed and help guide you through this difficult time.