No win no fee motor vehicle, road & car accident compensation lawyers servicing Brisbane, Gold Coast & all of QLD, VIC & NSW
Motor vehicle and car accident compensation claim service
With The Personal Injury Lawyers, your compensation claim is in great hands
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If you are looking for the best rated compensation lawyers in Brisbane, a leading car accident claim lawyer on the Gold Coast, or anywhere in QLD, VIC or NSW then you’ve come to the right place.
Who can make a motor vehicle or car accident claim and what are the requirements?
It’s important to note that your entitlement to claim compensation will depend on the circumstances of the accident. For example, if you are found to be at fault, this may make you ineligible to receive damages.
However, generally any of the following road users in the list below who have been injured under the Motor Accident Insurance Act 1994 can make a motor vehicle or car accident compensation claim.
For more information about car and motor vehicle accident compensation claims, click on the links below. (Alternatively, see our frequently asked questions at the bottom of the page for further answers)
- Car drivers and their passengers
- Motorbike riders and pillion passengers
In order to make a motor vehicle accident compensation claim, you must be able to able to demonstrate that:
- You have sustained an injury and/or financial losses
- The accident was not your fault (or not entirely your fault)
You can also find out more from one of our motor vehicle accident lawyers who specialise in Brisbane, the Gold Coast, or anywhere in QLD, VIC or NSW.
How do I make a compensation claim for a motor vehicle or car accident?
Making a claim after a car accident involves a number of steps and you should be aware that there are strict time limits that apply to car accident compensation claims.
There are a number of steps you’d have to undertake, such as dealing with the (MAIC) Motor Accident Insurance Commission, completing a (NOAC) Notice of accident claim form, ensuring you complete a CTP claim form for QLD, and more as you try to claim online for injury compensation.
You can do these yourself, but these are just the top of the iceberg, so if you’re not confident going through the process on your own, contact one of our car accident injury lawyers to help you through the claims process. In essence here is a basic checklist;
Generally, you will need to report the accident to the police. The exception to this rule is if your accident didn’t result in a vehicle needing to be towed or if there were no injuries as a result of the crash. Of course, you shouldn’t self-assess after an accident — injuries like whiplash are common and can have long-term implications for your health and quality of life.
If another vehicle was involved, do your best to get their registration details. If you are unable to get this information (like in the case of a hit and run accident), or if that vehicle was unregistered (and therefore uninsured) you may need to make a claim against the Nominal Defendant.
Have a relevant expert complete the appropriate sections of the claim (for example, you may need a doctor to fill out the medical certificate).
Ensure all sections of the claim form are completed.
Lodge the form to the insurer of the party who was at fault, whether fully or partially. If you were also partly at fault, then the other party will also likely be making a claim to your insurer.
Due to the complexity of the claims process, it’s crucially important to the outcome of your claim that you have an experienced car accident lawyer by your side. You will find specialised car accident lawyers in Brisbane and on the Gold Coast, with experience in QLD, NSW & VIC claims.
By engaging with a car accident claim lawyer, you won’t have to worry about missing an important step in the claims process that could affect the compensation payout you receive.
If you’re thinking of taking legal action, try to build your case quickly. Strict time limits apply to motor vehicle accident claims, so it’s important to file your claim sooner rather than later.
How much compensation will I get for my specific car accident?
● Three simple steps to get a fast overview of all the areas that you may claim for
Frequently asked questions about motor vehicle & car accident claims
Injuries affect everyone in different ways, so compensation payouts for car accidents vary on a case-by-case basis. A minor injury to one person may impact on another to a much greater extent.
With that in mind, the amount of car accident compensation you receive will be influenced by a range of factors, including:
- The extent of your injuries
- The amount of out-of-pocket expenses you’ve had to cover
- How much income you’ve lost as a result of the accident
- The cost of ongoing care (such as rehabilitation)
The purpose of compensation is to compensate an injured party for the loss and damage they suffer as a consequence of the injury.
The more the injury or injuries impact upon your pre-accident lifestyle and employment, the more compensation you will receive.
Because of the subjective nature of compensation payments for personal injury claims in Queensland, it is not possible to state a specific compensation amount for a certain injury. It will depend on what loss and damage is suffered because of that injury.
Some of the more dominant factors that impact upon compensation payments are the extent of the injury sustained as well as age, occupation, recreational interests and the health of the injured party at the time of the accident occurring.
Most motor vehicle accident claims can be resolved before trial with a personal injury settlement. If your claim does proceed to court, you’ll only need to attend if your presence is deemed absolutely necessary to its outcome.
In some cases, your personal injury lawyer may be able to attend for you.
After the Court calculates what the person would have earned but for the accident, and what their earning capacity is now because of the accident, the Court then makes a monetary award for the gap.
The Court tries to, as much as reasonably possible, put the injured worker, driver, pedestrian, cyclist, shopper etc, back into the position they most likely would have been in but for the accident.
The important things to remember about how much a lawyer charges for a car accident claim are:
- In most cases the insurance company will pay a contribution towards the legal costs. They don’t pay all of them, but the insurance company often pays up to one third to one half of an injured person’s legal costs.
- A car accident lawyer can never charge more than 50% of the net settlement amount as they are capped under the 50/50 rule guarantee.
- Lawyers charge according to the work they do, personal injury lawyers do not charge a set percentage.
Not only are you likely to get more for your claim if you engage a lawyer, even after payment of legal fees, obtaining a lawyer is important as there are traps and risks in making a personal injury claim yourself.
One person who chose to represent themselves in a liability admitted car accident claim, not only received nothing in his hand after the end of his car accident claim, he was ordered to pay the legal costs of the CTP Insurer.
In most cases, the insurer of the person at fault for the accident will pay the compensation.
Unfortunately, being involved in an accident with an uninsured driver can complicate matters.
Throughout Australia, all motorists must have Compulsory Third Party (CTP) insurance.
The Personal Injury Lawyers can help you access compensation sooner. However, keep in mind it can take several months for a motor vehicle accident claim to settle.
This will depend on the complexity of your claim and how willing the other side is to reach a settlement.
If you do have a motor vehicle or car accident claim, the types of injury compensation which you may be able to access includes:
- Compensation for pain and suffering and loss of your amenities of life;
- Loss of past and future wages or business profits (including loss of superannuation payments);
- Medical and rehabilitation expenses that you have incurred and are likely to incur in the future;
- Past and future Care costs;
- Out of pocket expenses;
- The Compulsory Third Party Insurer (or “CTP Insurer”) has obligations under the Motor Accident Insurance Act 1994, to meet your medical and rehabilitation needs during your motor accident claim, to ensure that you get the treatment and assistance you need for your injuries. They will fund such things as physio treatment, surgery, specialist treatment, hospitalisation costs, medication expenses, counselling, medical aids and devices, home and vehicle modifications as well as the provision of care and assistance where required;
- Where your injuries stop you from returning to work and you are struggling financially, you may also be entitled to an advance payment on damages to assist you financially whilst you are waiting for your motor accident claim to finalise;
- If your motor vehicle accident injury occurred on your way to or from work, during a work break, or during the course of your work, you are most likely entitled to claim workers’ compensation benefits (or WorkCover Statutory Benefits as they are also known), whilst you are recovering from your accident injuries.
To give you an idea of what types of compensation payments are being made in Queensland for motor accident claims, we have obtained the following statistical data from the Motor Accident Insurance Commission (otherwise known as MAIC). MAIC is the body that regulates Compulsory Third Party insurance claims in Queensland. In respect to car accident compensation claims made in Queensland during the 2015 financial year (1 July 2014 to 30 June 2015):-
- There were 4731 motor accident claims in Qld in 2015;
- The average compensation payment for minor injuries was $69,365;
- The average compensation payment for moderate injuries was $139,938;
- The average compensation payment for serious injuries was $296,970;
- The average compensation payment for severe injuries was $519,058;
- The average compensation payment for critical injuries was $1,853,200.
Note that these are average payments only and every case is different.
For example, The Personal Injury Lawyers case summary database provides the following case scenarios:
- A 42 year old woman, a sales consultant, who suffered a simple whiplash injury to her cervical spine in a rear-ender motor vehicle accident achieved compensation of $400,000. This was because of the impact the injury had on her pre-injury lifestyle and employment, despite her whiplash injury being described by doctors as a “minor” injury;**
- In the case of Austin v Parmalat Australia Ltd (2013)QSC 227, Mr Austin sustained a minor head injury when a milk crate fell on his head whilst unloading his work truck. However, the impact of the injury upon Mr Austin’s employment and occupation as a truck driver was such that he was awarded damages of $1,052,000 for his claim.**
In Queensland, if a motorist without CTP insurance causes an accident, you may be able to claim against the Nominal Defendant.
The Nominal Defendant is a statutory body established by the Queensland government to protect road users from uninsured drivers. It can be used as a source of compensation.
Most motor vehicle accident claims can be resolved before trial with a personal injury settlement.
If your claim does proceed to court, you’ll only need to attend if your presence is deemed absolutely necessary to its outcome.
In some cases, our personal injury lawyer may be able to attend for you.
- Generally, you will need to report the accident to the police. The exception to this rule is if your accident didn’t result in a vehicle needing to be towed or if there were no injuries as a result of the crash. Of course, you shouldn’t self-assess after an accident – injuries like whiplash are common and can have long-term implications for your health and quality of life.
- If another vehicle was involved, do your best to get their registration details. If you are unable to get this information (like in the case of a hit and run accident), or if that vehicle was unregistered (and therefore uninsured) you may need to make a claim against the Nominal Defendant.
- Have a relevant expert complete the appropriate sections of the claim (for example, you may need a doctor to fill out the medical certificate).
- Ensure all sections of the claim form are completed.
- Lodge the form to the insurer of the party who was at fault, whether fully or partially. If you were also partly at fault, then the other party will also likely be making a claim to your insurer.
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More frequently asked questions about motor vehicle & car accident claims
In order to make a motor vehicle accident claim, you must be able to able to demonstrate that:
- You have sustained an injury and/or financial losses
- The accident was not your fault (or not entirely your fault)
Compensation can be difficult to recover if the person at fault for the accident disputes your version of events.
This is why it’s important to investigate the cause of the accident thoroughly (if you’ve been involved in a motor vehicle accident, always call the police to ensure an official account of the accident is recorded), and enlist the services of an experienced car accident lawyer. Our lawyers are based in Brisbane and the Gold Coast, and we can assist you wherever you’re located in Queensland, VIC or NSW
Having a specialist car accident lawyer to manage your claim offers a range of benefits, including:
- Free legal advice – If you’re not sure whether to claim compensation, The Personal Injury Lawyers can arrange an obligation-free consultation to discuss your legal options.
- Improved odds – When claiming motor vehicle accident compensation, having access to legal expertise is crucial.
- Effective preparation – Allowing a lawyer to prepare your case effectively can give you a huge advantage during negotiations.
From 1 July 2016, if you are injured in a motor vehicle accident and suffer catastrophic injuries including, spinal cord injuries, traumatic brain injury, severe burns, permanent blindness or multiple amputations, you will be entitled to lifetime care and assistance under the National Injury Insurance Scheme or NIIS.
The scheme is not fault based, meaning that it does not matter whether the person who is suffering the catastrophic injury was responsible for the accident or not. They still have entitlement to claim for the following assistance in relation to their injuries:
- Medical expenses;
- Rehabilitation expenses;
- Ambulance transportation;
- Prosthetics, aids and appliances;
- Home and vehicle modifications;
- Education and vocational training;
- Care, including respite, attendant and domestic.
Of course, in cases of very serious injury and catastrophic injuries such as brain injury, paraplegia or amputation for example, compensation will be much higher than the figures discussed above. Such serious injuries often result in compensation payouts for car accidents that total millions of dollars.
Examples of this from The Personal Injury Lawyers case summary databases are:
- A 62 year old male labourer received over $2,000,000 for a below knee amputation injury to his left leg from a head on collision accident;
- A 15 year old male, who sustained paraplegia in a car accident but had recovered exceptionally well from his injuries and was pursuing tertiary studies for a professional career as a Merchant Banker, achieved over $4,000,000 in damages;
- The catastrophic injury case of Susan Delaney, who sustained extreme head injuries in a motorcycle accident leaving her in a vegetative state, resulting in a damages payment of over $9,000,000 by the insurer AAMI (Delaney v AAMI (2013) QSC).
For more statistical information regarding car accident claims and compensation payments for motor accident injuries, the following may help: MAIC – Motor Accident Claim Statistical Data 2014 to 2015