Motor Vehicle Accident Claims

Persons injured as a result of motor vehicle accidents are entitled to pursue a claim for compensation if:-

  1. They are not the ‘driver at fault’ for the accident;

  2. Negligence of another driver can be established;

  3. They have suffered minor or major injury or death.

The extent and the type of injuries sustained in your motor vehicle accident will directly affect the compensation available to you. Furthermore, if you are found to be partially at fault, you may still be able to make a claim, however, your compensable entitlements may be reduced.

There are several types of road accidents including single or multiple car, truck or trailer, bus or coach or motorcycle accidents whereby Southern Gold Coast Lawyers specialise in acting for persons who were injured as drivers, passengers, cyclists or pedestrians.

As the circumstances and particulars of your accident will affect the prospects of success of a personal injury claim, we strongly recommend you telephone our office to obtain legal advice specific to your circumstances. Please click here to submit an obligation free enquiry or call 1300 369 597 to arrange a free of charge consultation.

Lodging A Claim

To pursue a compensation claim for injuries resulting from a motor vehicle accident, notice must be given against the Compulsory Third Party Insurer (CTP) of the vehicle at most at fault for the accident. All vehicles that are registered have CTP cover as this is paid in full at the time of registration renewal.

If the vehicle at fault is unidentified or unregistered at the time of the accident, compensation claims may be made against the fund known as the Nominal Defendant, who will be the insurer and have identical responsibilities to any other CTP.

To obtain legal advice specific to your circumstances and complete a Notice of Accident Claim form, please click here to submit an obligation free enquiry or call 1300 369 597 to arrange a free of charge consultation.

Time Limits

As an injured party to a motor vehicle accident, your ability to pursue a compensation claim against the CTP of the vehicle at fault is governed by the Statute of Limitations Act 1976. Upon reaching the limitation date, you will lose your rights to pursue a compensation claim, absolutely.

Queensland legislation allows 3 years from the date of the accident to bring a claim against the appropriate CTP, noting also there are a number of regulations that must be met prior to the expiration of that limitation date.

In the event that the claim is against an unidentified or unregistered vehicle and therefore the Nominal Defendant, notice must be given within 3 months of the date of the motor vehicle accident. If you do not give notice within 3 months, you cannot proceed without the presence of special circumstances and even then, only within 9 months of the motor vehicle accident, as opposed to 3 years under normal circumstances.

As the circumstances and particulars of your accident will affect the prospects of success of a personal injury claim, we strongly recommend you telephone our office to obtain legal advice specific to your circumstances. Please click here to submit an obligation free enquiry or call 1300 369 597 to arrange a free of charge consultation.

Treatment

Subject to liability, the CTP has a statutory obligation to meet your reasonable rehabilitation costs and medical expenses whilst your claim for compensation is being processed.

For example, the CTP may meet the costs of treatment including, but not limited to, physiotherapy, chiropractic care, counselling or surgery at a private hospital by a private specialist.

To obtain treatment, a CTP approved medical certificate will need to be obtained from your treating doctor (GP), detailing necessary referrals to specialists. The specialist will then submit a treatment plan to the CTP for approval. In most cases, the CTP will approve one form of treatment at a time to track your recovery with the use of such treatment.

If you have been injured in a motor vehicle accident and want to discuss your treatment options, we strongly recommend you telephone our office to obtain legal advice specific to your circumstances. Please click here to submit an obligation free enquiry or call 1300 369 597 to arrange a free of charge consultation.

Reporting the Accident

Motor vehicle accidents resulting in injury, by law, must be reported to the police. Failure to do so may hinder or adversely affect your rights to pursue a compensation claim in the future.

If you have been involved in a motor vehicle accident, please ensure you have attended at the local police station to report the accident and obtain a Traffic Incident Number.

As the circumstances and particulars of your accident will affect the prospects of success of a personal injury claim, we strongly recommend you telephone our office to obtain legal advice specific to your circumstances. Please click here to submit an obligation free enquiry or call 1300 369 597 to arrange a free of charge consultation.

Obtain legal advice

Motor vehicle accidents can bring your life to an unanticipated juncture. No matter how slight you consider your injuries immediately following a motor vehicle accident, it is highly recommended that you seek legal advice specific to you circumstances.

We stress the importance of securing yours rights to pursue a compensation claim in the future in the event that your injuries prove ongoing.

As the circumstances and particulars of your accident will affect the prospects of success of a personal injury claim, we strongly recommend you telephone our office to obtain legal advice specific to your circumstances. Please click here to submit an obligation free enquiry or call 1300 369 597 to arrange a free of charge consultation.