Claiming Loss of Earnings After aCar Accident
Motor vehicle accidents are an unpleasant reality of life. If you are also injured in a car accident, it adds more anxiety to your unfortunate experience at the accident scene. After the initial shock and pain, you start to worry about your medical expenses and future loss of earnings.
As the medical bills pile up, you need an experienced and empathetic personal injury lawyer to assist and advise you. Personal injury law can be tricky and it is reassuring to know that you have expert personal injury lawyers looking after you.
A claim for loss of earnings after a car accident is made against the Compulsory Third Party (CTP) insurance company of the driver responsible for the accident. If the motor vehicle accident was caused by another person's negligence, the compensation claim is not made against them in person.
This implies that the party at fault has a personal accident insurance policy.
Talk with an experienced car accident lawyer for more information.
Take our 2-minute free claim check
Fill in the form below to find out if you have a claim.
The Loss of Earnings Car Accident Claims Process
According to MAIC (Motor Accident Insurance Commission) Queensland, there are eight steps in the claim process to settle your CTP insurance claim:
Complete and Submit a Claim
Gather all the information you need and send your claim to the CTP insurer of the party who was at fault.
- Report the crash to the police.
- Meet the timeframes as there are strict time limits to claiming compensation.
- Get the registration number of the vehicle that caused the accident.
- Complete the personal injury benefits form.
- Provide supporting documents. These include your medical certificate, claimant certificate, a certified copy of your ID., and law practice certificate (if applicable).
- You can lodge your personal injury claim online.
- Report the crash to the police.
- Meet the timeframes as there are strict time limits to claiming compensation.
- Get the registration number of the vehicle that caused the accident.
- Complete the personal injury benefits form.
- Provide supporting documents. These include your medical certificate, claimant certificate, a certified copy of your ID., and law practice certificate (if applicable).
- You can lodge your personal injury claim online.
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Lodgement Confirmation
After about fourteen days, the insurer should advise you whether your claim seems to be in order and whether the insurer will pay for reasonable and appropriate rehabilitation costs.
Rehabilitation and Treatment
You can start with rehabilitation and treatment as advised by the insurer. Your injuries may require ongoing treatment.
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Assessment of Liability
The insurer has up to six months to decide on liability for your claim.
The CTP insurer may decide on liability sooner if your case is not complicated, for example, where you have minor injuries. Your injuries, may, however, be serious like a head injury or severe burns and therefore take longer to adjudicate.
The CTP insurer may decide on liability sooner if your case is not complicated, for example, where you have minor injuries. Your injuries, may, however, be serious like a head injury or severe burns and therefore take longer to adjudicate.
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Insurer Obtains Information
The insurer obtains medical records and information to help assess your compensation (e.g. from your doctor, hospital and employer). You should obtain a comprehensive assessment of your injuries from your doctor to show your capabilities for work before and after the accident.
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Injury Stabilised
Your injury has resolved or is stable according to all your medical reports.
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Claim Negotiation
You may have to negotiate the settlement of your claim with the insurer who makes lump sum payments. If negotiating with a large insurance company frightens you, it's better to enlist the services of expert personal injury lawyers who are adept at negotiation.
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Claim Settlement
Settlement and finalisation of your compensation claim. The CTP insurer doesn't pay weekly benefits; any lost income is paid as part of the lump sum compensation.
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Are you Eligible to Make a Compensation Claim For Loss of Earnings After a Motor Vehicle Accident?
The CTP insurance company of the vehicle or driver that caused the accident will cover you for your injuries if you were not at fault or only partly at fault (contributory negligence) for the car accident. For example, you will have a car accident claim against someone who has committed a serious driving offence or who does drink driving.
You can claim compensation when you are injured in a motor vehicle accident, whether you are at the wheel of the vehicle, a passenger, an innocent bystander, or a passing cyclist, involved in the car accident. However, the drivers at fault may not claim compensation from their own vehicles' CTP insurers.
You can claim compensation when you are injured in a motor vehicle accident, whether you are at the wheel of the vehicle, a passenger, an innocent bystander, or a passing cyclist, involved in the car accident. However, the drivers at fault may not claim compensation from their own vehicles' CTP insurers.
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What You Can Legally Claim For Loss of Income After a Car Accident
You can claim for loss of income or wages for the period you were unable to work and time lost receiving medical care for your injuries. Your claim for loss of income or your claim for personal injury benefit may encompass the following;
- loss of income (past income and estimated future income)
- cost of medical treatment
- rehabilitation
- cost of care and support services
- general damages (pain and suffering or non-economic loss)
- other expenses
In the case of a minor injury, you are usually entitled to income support, medical and home care expenses for up to six months.
If your injury is described as a non-minor injury and you claim for damages you could be entitled to income support, medical and home care expenses possibly beyond 24 months. You can also receive a lump sum for past and future lost income.
Non-minor injury over 10 % permanent impairment could bring about an additional lump sum for pain and suffering. The severity of injuries is assessed on a scale by medical practitioners.
According to SIRA (The State Insurance Regulatory Authority), an injured person can only receive damages for non-economic loss if they have a whole person impairment of more than 10% as a result of the accident.
- loss of income (past income and estimated future income)
- cost of medical treatment
- rehabilitation
- cost of care and support services
- general damages (pain and suffering or non-economic loss)
- other expenses
In the case of a minor injury, you are usually entitled to income support, medical and home care expenses for up to six months.
If your injury is described as a non-minor injury and you claim for damages you could be entitled to income support, medical and home care expenses possibly beyond 24 months. You can also receive a lump sum for past and future lost income.
Non-minor injury over 10 % permanent impairment could bring about an additional lump sum for pain and suffering. The severity of injuries is assessed on a scale by medical practitioners.
According to SIRA (The State Insurance Regulatory Authority), an injured person can only receive damages for non-economic loss if they have a whole person impairment of more than 10% as a result of the accident.
How Our Loss of Earnings Accident Lawyers Can Help You Bring a Claim
Loss of income lawyers can advise you on the full spectrum of your claim for economic loss. Smith's Lawyers can help you with the confusing process, the mountains of paperwork and eventually, receiving your accident compensation.
If you would like to discuss your rights to claim compensation with one of our expert car accident injury lawyers, call Smith's Lawyers for a no-obligation free initial consultation.
You can take our 2-minute free claim check and chat with our road accident lawyers online.
We keep it simple:
- Contact us for expert advice and a listening ear.
- Meet with us to share your story at a location that's convenient to you. Remember, it's free.
- Let's discuss your options. We'll ensure that you know what your rights are.
- Let's help you to obtain a successful outcome. We love to assist our clients in obtaining maximum compensation for loss of earnings after a car accident.
If you would like to discuss your rights to claim compensation with one of our expert car accident injury lawyers, call Smith's Lawyers for a no-obligation free initial consultation.
You can take our 2-minute free claim check and chat with our road accident lawyers online.
We keep it simple:
- Contact us for expert advice and a listening ear.
- Meet with us to share your story at a location that's convenient to you. Remember, it's free.
- Let's discuss your options. We'll ensure that you know what your rights are.
- Let's help you to obtain a successful outcome. We love to assist our clients in obtaining maximum compensation for loss of earnings after a car accident.
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Make a Loss of Earnings Compensation Claim From Any One of These Locations in QLD:
Brisbane
You can enquire about personal injury benefits after a motor vehicle accident at our Brisbane office. You will find our compensation lawyers at the office which is conveniently located in the middle of the Brisbane CBD.
Gold Coast
For motor vehicle accident claims on the Gold Coast, you will find a loss of earnings lawyer at our Gold Coast office. It is conveniently located near the Southport tram stop, which is a 300m walk away.
Sunshine Coast
Drop by our Sunshine Coast office to claim compensation for loss of earnings after a car accident. We provide a free first consultation with no obligation thereafter.
Greater Queensland
You can claim accident compensation from anywhere in Greater Queensland, if you are unable to make it to one of our office locations we can offer phone appointments.
You can enquire about personal injury benefits after a motor vehicle accident at our Brisbane office. You will find our compensation lawyers at the office which is conveniently located in the middle of the Brisbane CBD.
Gold Coast
For motor vehicle accident claims on the Gold Coast, you will find a loss of earnings lawyer at our Gold Coast office. It is conveniently located near the Southport tram stop, which is a 300m walk away.
Sunshine Coast
Drop by our Sunshine Coast office to claim compensation for loss of earnings after a car accident. We provide a free first consultation with no obligation thereafter.
Greater Queensland
You can claim accident compensation from anywhere in Greater Queensland, if you are unable to make it to one of our office locations we can offer phone appointments.
Here's Why 94% of Our Clients Happily Refer Our Services to Friends and Family
Rest assured that we'll be with you at every step in the process because we genuinely care.
We understand that the system can be overwhelming, complex and frustrating. Our team takes the time to explain every step to you, so you know your rights and feel empowered to move forward.
At Smith's lawyers, you'll never be treated like just another number. We're determined and confident that we can assist you during this difficult time in your life.
Our 'No Win. No Fee. No Catch' promise means risk-free compensation. So don't worry about any legal costs.
Our results bear out the evidence here. In over 25 years, we've never had a single client out of pocket. We have recovered over $28 million in compensation for our valued clients.
We understand that the system can be overwhelming, complex and frustrating. Our team takes the time to explain every step to you, so you know your rights and feel empowered to move forward.
At Smith's lawyers, you'll never be treated like just another number. We're determined and confident that we can assist you during this difficult time in your life.
Our 'No Win. No Fee. No Catch' promise means risk-free compensation. So don't worry about any legal costs.
Our results bear out the evidence here. In over 25 years, we've never had a single client out of pocket. We have recovered over $28 million in compensation for our valued clients.
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Income Loss Compensation For Car Accident FAQ's
What if the motor vehicle and driver who caused the accident, drove off?
In the case of an unidentified motor vehicle, you can claim compensation from the Nominal Defendant, which compensates injured victims in cases of unidentified negligent drivers or vehicles without a CTP insurer.
Whether you suffer a minor injury or serious injuries, it means that you don't go without adequate treatment or compensation. The law acknowledges your pain and suffering in these cases.
Whether you suffer a minor injury or serious injuries, it means that you don't go without adequate treatment or compensation. The law acknowledges your pain and suffering in these cases.
How are personal injury claims calculated?
Several factors determine the value of a personal injury compensation claim.
You are unique. Each case is unique and depends on its own circumstances. There are, however, certain factors that affect a claim, for example:
- The severity of your injury and the injury type
- Your past economic losses
- The earnings you are expected to lose in the future
- Your extent of fault or negligence, for example, you weren't wearing a seatbelt.
You are unique. Each case is unique and depends on its own circumstances. There are, however, certain factors that affect a claim, for example:
- The severity of your injury and the injury type
- Your past economic losses
- The earnings you are expected to lose in the future
- Your extent of fault or negligence, for example, you weren't wearing a seatbelt.
How much time do I have to lodge a claim?
You need to claim loss of earnings after a car accident within nine months of the accident.
If symptoms of the injury only appear at a later stage, you should lodge your claim immediately when the symptoms become apparent. If you have a lawyer managing your claim, you need to claim accident compensation one month after the first consultation with the lawyer.
CTP insurers are strict about the time frames and your claim could be rejected if you lodge late. Timeous lodgement of your claim will assist in early access to treatment and rehabilitation if required.
You should lodge a claim with the Nominal Defendant within 3 months after the motor vehicle accident.
If symptoms of the injury only appear at a later stage, you should lodge your claim immediately when the symptoms become apparent. If you have a lawyer managing your claim, you need to claim accident compensation one month after the first consultation with the lawyer.
CTP insurers are strict about the time frames and your claim could be rejected if you lodge late. Timeous lodgement of your claim will assist in early access to treatment and rehabilitation if required.
You should lodge a claim with the Nominal Defendant within 3 months after the motor vehicle accident.
How long does it take for my accident claim to be processed?
Settlement of a CTP claim usually takes 12 to 18 months but it could take up to 3 years.If it is clear who caused the accident and you have minor injuries in a straightforward claim, the process will be relatively short.
If your claim is more complex and you have sustained serious injuries, naturally, it will take longer.
We can state that the average claim is finalised within 12 months from the date of assessment of the injuries.
Get in touch with us here at Smith's Lawyers to ensure you get the maximum injury compensation you are owed.
If your claim is more complex and you have sustained serious injuries, naturally, it will take longer.
We can state that the average claim is finalised within 12 months from the date of assessment of the injuries.
Get in touch with us here at Smith's Lawyers to ensure you get the maximum injury compensation you are owed.
Lodge A "No Win No Fee" Claim
If you suffer injuries while at work, you don't have to worry about the whole process of making your claim or the legal fees involved. Here at Smith's Lawyers, we offer free consultation services for injured workers looking to kickstart their claims. As mentioned before, we also have a no-win no fee, no catch policy.
Get in touch with us to give yourself the best opportunity to receive the maximum compensation possible for your claim.
Thank you to Yasmine Chalvatzis, Vivian Lee, and to their supportive team members in helping me through this difficult trying time. I am very grateful for their assistance, and happy with the final outcome. I would also like to thank Jeremy Wiltshire, Barrister-at-law, who along with Yasmine, helped to bring a resoluti
Absolutely fantastic service from the team at Smith’s from start to finish. Emily was amazing in communicating everything, making sure I was aware of everything and was well informed before making decisions. She took the time to explain the ins and outs of my case and made sure to ease my mind with every concern I had.
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