Do I need a lawyer after a road accident?

If you have been involved in a car accident and you have suffered harm to yourself or your property, you may be eligible to make a motor vehicle or accident injury claim. An experienced lawyer can advise on your eligibility to claim and can tell you how to deal with motor vehicle and accident injury scenarios.

Were you or anyone else in vehicle injured?

If yes then you should seek legal advice. If you have suffered injury as a result of a car accident and you were not at fault, you may be able to make a motor vehicle accident claim. As it is compulsory for all car owners in Australia to have Compulsory Third Party (CTP) insurance, you can likely make a claim against the insurer of the negligent driver. It is highly advisable that you seek legal advice to do so as an experienced lawyer can:

  • Confirm your eligibility to make a claim under CTP insurance
  • obtain the details of the at-fault driver
  • obtain the details of the relevant CTP insurer and maintaining contact with them
  • complete and serving the correct claim form; and,
  • negotiate the best possible settlement offer.

While making a claim and acting alone seems like a more affordable option, acting alone and without legal experience often produces less successful results and can reduce the amount of compensation you can recover as part of your claim.

If you are injured and the accident involves a vehicle which cannot be identified vehicle (for example, a hit and run accident) or a vehicle, which is not insured, you can be compensated through the Nominal Defendant government insurance scheme. You should seek legal advice to learn more about the scheme and find out how to make a claim.

Get expert advice now: Smith's are Queensland's only 100% risk-free compensation lawyers. Insist on our 'No Win. No Fee. No Catch' ® promise. Check your rights with no risk or obligations now. Call 1800 266 801 OR  check if you can claim

Was there damage to your car? Does it require repairs?:

If your car has been damaged as a result of a car accident, which you caused, you or your comprehensive insurance company will need to pay for the damage to your vehicle and to the other person’s vehicle.

If your car has been damaged as a result of a car accident and you are not at fault, you can make a claim against the responsible person for any damage to the vehicle or your property. After making a claim, you can negotiate with the other driver to pay for the cost of repairing your vehicle. If negotiations fail or the driver is unwilling to pay compensation, you should seek legal assistance. A lawyer can help you to draft a letter of demand to the driver of the at-fault vehicle and to their insurer to request that compensation is provided within a fixed time period. Any letter of demand should be accompanied by more than one quote from qualified car repairers to repair the damaged vehicle.

If the at-fault driver does not pay the amount owing within the time specified in your letter of demand, or if they do not respond, you may be eligible to make a claim in the Queensland Civil and Administrative Tribunal. It is highly advisable that you seek legal advice before doing so, as an experienced lawyer can help you navigate the court system and ensure you obtain an appropriate settlement sum.

If the at-fault driver is not insured, they may seek legal advice about whether they are fully at-fault or only partially responsible for the damage that has occurred. The responsibility for the damage can indeed be shared by more than one person (for example, both you and the other driver can share responsibility equally). If the responsible driver denies responsibility for the damage, or if a related dispute arises, you are strongly advised to seek legal assistance to protect your claim.

If not injured: Do you have fully comprehensive insurance? Yes / No.

If you are at fault and you have insurance, you should let your insurer know about the accident as soon as possible after it has occurred. There are different levels of insurance coverage, and, unless you have comprehensive insurance, you may only be insured for damage to motor vehicles and property that belongs to other people. Comprehensive insurance will cover both damage to your vehicle and damage to vehicles belonging to other people.

If you are not at fault and you have comprehensive insurance, you can still claim under your policy. The at-fault driver or their insurer, should cover any excess payments required by your insurer to make the claim.

If no insurance? Were you at fault? Y/N

If you are not at fault, you are entitled to claim for repair costs from the owner or driver of the at-fault vehicle. This may be difficult if the at-fault driver does not have insurance or refuses to accept responsibility for the accident. If a dispute as to who is responsible for the accident arises, you should seek legal advice.

If you are at fault and the other person asks you to pay compensation for their motor vehicle repairs, you should pay them if you believe their claim is reasonable. If you do not believe their claim is fair or reasonable, it is recommended that you negotiate an agreement with them that suits each of your interests. Unfortunately, if you do not have insurance, any payments made to repair the damaged vehicle will be out-of-pocket expenses. As negotiations with third parties are complicated, they often fail. If this occurs, you should seek legal advice about how to defend any claims against you.

Next steps - get advice now

It’s important to get advice for your specific situation. Check if you can make a risk-free compensation claim and get free initial advice from our Principal lawyer, Greg Smith.

Get Advice Now
Last update on:
May 29, 2018
Disclaimer: This information is designed for general information in relation to Queensland compensation law. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For expert advice call 1800 266 801 or chat via live chat to arrange free initial advice with our Principal lawyer, Greg Smith.

RELATED ARTICLES

Get expert advice today

STart my claim