Motor Vehicle Accident Specialists
Car Accident Lawyers Brisbane
You have the right to pursue compensation
Injury Lawyers Protecting Your Rights
Do you need to make a motor vehicle accident claim? If you were injured in a motor vehicle accident due to the total or partial fault of another driver insured under a Compulsory Third Party (CTP) insurance policy, you may have a right to make an injury compensation claim against the CTP insurer of the vehicle at fault for the crash. If you were partially to blame for the crash, then you can still make a CTP claim but your compensation may be reduced.
At Seymour Furlong Lawyers, we help people make all kinds of motor vehicle accident insurance claims. We deal with victims of car accidents, truck accidents & motorbike accidents. We specialise in motor accident injury claims and we will help you understand your rights and where you stand legally. We provide expert and up-to-date legal advice and assistance with all motor accident injury claims. We are a No-Win, No-Fee law firm.
You may have a right to make a car accident compensation claim against the CTP insurer of the vehicle at fault for the crash.
Primary Factors Leading to Car and Road Accidents
Research reveals that several factors actively contribute to the prevalence of road fatalities and severe injuries stemming from car or truck accidents.
These critical contributing factors are as follows:
- Speeding: Driving above the designated speed limits, which greatly increases the likelihood of accidents and reduces the driver’s ability to react promptly.
- Drink Driving: Operating a vehicle under the influence of alcohol, impairing judgment, coordination, and reaction time, leading to a higher risk of accidents.
- Fatigue: Driving while experiencing extreme tiredness or drowsiness, which can diminish focus and alertness, significantly increasing the chances of accidents.
- Distracted Driving: Engaging in activities that divert attention from the road, such as texting, talking on the phone, or other distractions, significantly impairs driving abilities and reaction times.
Who Can Make Car Accident Claims?
In the event of a car accident, you or other people involved can make a car accident compensation claim, if you’ve taken on an injury as a result of the car accident. A CTP claim can be brought by any of the following:
- Drivers who are not at fault
If the vehicle is unregistered or the registration has expired, car accident injury claims can still be brought against the Nominal Defendant, who is taken to be a licenced insurer.
Car accident claims in CTP cases can still be brought in a hit and run circumstance where the registration details of the vehicle at fault are not known and a claim can also be brought when a defect in a vehicle causes an accident.
If the injured person was totally at fault or if no-one was at fault, then an injured person cannot claim compensation. If you’re unable to claim compensation for your car accident injuries, then you’ll need to rely on sick leave, Centrelink benefits, Medicare and the public health system, unless you have private health insurance or income protection.
Speak with a motor vehicle accident lawyer about your situation to determine whether you are eligible to make a car accident compensation claim in Brisbane.
What is CTP Insurance?
All Australian motorists must have CTP insurance by law, as this covers claims made against them for either injuring or killing somebody in an accident.
If you’re injured in a motor vehicle accident and intend to make a motor vehicle accident claim, you must prove the negligence of the other driver, as the CTP scheme is a common-law, fault-based scheme. CTP insurance only covers personal injury claims resulting from a motor vehicle accident and does not cover damage to property or vehicles.
For more information about CTP compensation claims in Queensland and how it can help you.
Time Limits for Making a CTP Claim for Car Accident Injuries
Strict time limits apply to all CTP claims, so if you have been injured in a motor vehicle accident & want to make a motor vehicle accident insurance claim, it is advisable to speak with motor vehicle insurance lawyers about your situation as soon as you can. You should also record your version of events as soon as possible in order to ensure your rights are protected.
Under the legislation, the notice must be given to the Nominal Defendant within three months if the vehicle cannot be identified. In all other cases, the notice must be given by whichever of these dates is the earliest:
– Within one month of the first consultation with your car accident solicitor.
– Within nine months of the crash or, if the symptoms are not immediately apparent, the first appearance of any symptoms or injury.
As strict time limits apply to all motor accident claims in Queensland, speak with a motor vehicle accident solicitor specialising in car accident claims in Brisbane so you know where you stand and the next steps to take. At Seymour Furlong Lawyers in Forest Lake, our motor vehicle accident solicitors are here to help you understand your legal situation and help you get the compensation you deserve to recover with dignity. Contact us today for expert compensation advice with a motor vehicle claims lawyer.
What are the steps to settling a CTP claim?
In accordance with the Motor Accident Insurance Commission, there are eight steps to settling a CTP claim from a car accident:
– You should complete your claim form and send it to the CTP insurer.
– Within 14 days of this, you should receive confirmation from the insurer that your claim was lodged correctly and whether the insurer intends to pay for any reasonable and appropriate rehabilitation.
– You should continue with your rehabilitation and treatment as normal.
– Within 6 months (although often earlier in straightforward cases), the insurer will make a decision on liability.
– If the insurer accepts liability, they will then obtain records and information to help assess your compensation.
– Your injury will stabilise or be resolved.
– You can negotiate and settle the claim with the insurer.
– When this has been agreed, your compensation claim will be finalised and paid.
How Are Car Accident Claims Assessed?
Claims for motor vehicle accident compensation are assessed on an individual basis, with the compensation received based on the type and extent of the injury, as well as the particular circumstances of the person injured.
Your motor accident injury claim could include the cost of any medical treatment undertaken, rehabilitation cost, loss of income, the cost of care and general damages such as pain.
Since July 2016, someone seriously injured in a motor accident in Queensland can claim lifetime treatment, care and support under the National Injury Insurance Scheme (NIIS). By speaking to our motor vehicle accident lawyers as early as possible in the process, we will be able to help you understand what you can claim for in your individual circumstances before making a motor vehicle accident insurance claim..
If you are a relative or a dependent of somebody who was fatally injured in a car accident and the accident was either wholly or partially the fault of another person, you can make a CTP claim for loss or expenses. You may also be able to make a death dependency claim.
Legal Advice for CTP Claims From a Car Accident Injury
You are not required by law to have a car accident lawyer represent you for your CTP claim. However, it can be in your best interests to seek legal advice; particularly if your claim is disputed or complex. It would be best to consult with a lawyer or insurance company to get a more accurate estimate of the potential costs of your specific road accident compensation claim, including any potential workers compensation that may be available to you.
You should speak to a legal representative as early as possible, but you can seek advice at any stage of the claims process. Contact us to arrange a consultation with one of our experienced No Win No Fee motor vehicle accident solicitors, at our offices in Forest Lake, Brisbane, Coolum Beach & Mount Gravatt. We have extensive experience with dealing with car accident compensation claims across our service areas.
Why Should I Use a Car Accident 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.
Experienced Motor Vehicle Accident Lawyers
Seymour Furlong Lawyers have a team of professional personal injury lawyers ready to assist you if you’ve suffered an injury in a car accident. We’ll provide you expert and up-to-date legal advice and assistance to help you understand your entitlements and get the compensation you deserve. We have extensive experience on personal injury law and we’ll assist you on your personal injury claim. Whatever question you may have about a road accident injury claim, our friendly team can answer you.
If you require assistance with this legal issue, please don’t hesitate to contact Seymour Furlong’s car accident lawyers Brisbane.
Frequently Asked Questions
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.
The 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 Brisbane personal injury claim, damages can be recovered for a number of different items, and these generally include a number 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 costs, 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.
It’s important to get in touch with accident claim lawyers to get a clearer picture of how much you may able to claim.
The CTP claim form should be sent to the CTP insurer of the at fault vehicle, which can be identified online if you know the vehicle’s registration number, the date of the accident and whether it was registered in Queensland.
If the vehicle was registered elsewhere, you’ll need to contact the interstate authority. If you cannot identify the CTP insurer, then you can contact the Enquiry Line on 1300 302 568.
As all claims are assessed on individual circumstances, there is no set timeframe for how quickly your claim will be resolved. The more complex the case, and whether the case is contested, will have an impact on how long it takes before your case settles.
The treatments the insurer pays for in a successful CTP claim will depend on the nature of the injuries suffered. Rehabilitation will be paid for as long as the processes are reasonable and appropriate, are directly related to the injuries suffered and can be validated by receipts.
The CTP insurer will ask for information from your doctor and your employer, as information on your injuries and rehabilitation process is required to accurately judge the level of compensation you’re entitled to receive.
Your CTP claim is settled when the CTP insurer has decided liability. Before embarking on a motor vehicle personal injury claim the full impact of your injuries has to be made known and your injuries have to be stabilised.
If you disagree with the CTP insurer’s decision on liability and cannot agree at a Compulsory Conference, then you will need to take your matter to court. If this is the case, you should seek legal advice from a motor vehicle claim lawyer immediately.
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.
The Motor Accident Insurance Act regulates claims that arise as a result of a motor vehicle accident. This is covered by the Compulsory Third Party (CTP) insurer of the vehicle at fault.
Statistics are maintained by the Motor Accident Incident Commission (MAIC) with respect to the number of claims bought.
Those statistics show that, on average, 60-70% of claims relate to some form of spinal injury as a result of a motor vehicle accident.
They also show that the average payout for a claim is in the range of $60,000 to $70,0000. The scheme covers both relatively minor injuries through to catastrophic claims.
In relation to claims lodged, approximately 15 to 20% would fall into the minor category. Of those claims lodged, approximately 50% include a component for income loss either past or into the future.
The scheme covers both people who are passengers or drivers of other vehicles not at fault. It also covers cyclists and pedestrians, including those involved in hit-and-run accidents, or accidents with vehicles which are unregistered, and therefore do not hold CTP insurance at the time.
Resources on Car Accident Claims
Being involved in a motor vehicle is tremendously stressful, even if you are lucky enough to escape with minor injuries. In addition to the initial shock and physical discomfort, you may also face serious financial worries. In Queensland, Compulsory Third Party (CTP) insurance protects injured parties by covering medical costs and offering compensation. Unfortunately, the
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