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If you have been injured in a car or motor vehicle accident due to someone else's negligence then you may be entitled to compensation for the impact of your injuries. If you’d like to discuss your rights to claiming compensation with one of our expert Queensland road and car accident injury lawyers, call Smith’s Lawyers for a free and no obligation initial consultation on 1800 266 801 or chat online with our experts now.
No risks or upfront costs with our unique ‘No Win. No Risk. No Catch’ promise. Most no win no fee agreements include a clause that means you may have to pay the other sides legal costs in some situations. Our client agreement means there are no circumstances in which you could be left out of pocket.
Our team are Queensland motor vehicle accident claims experts and can provide free initial advice 7 days a week. We are experienced in all types of motor vehicle injury claims including car crashes, motorcycle accidents, truck incidents and pedestrian injuries due to motorists.
We offer our injury legal services to all Queensland regions serviced from our Brisbane City, Gold Coast and Sunshine Coast offices. In addition, if the incident happened in Queensland then we can help you no matter where you are (interstate or overseas).
We offer no obligation home visits to explain the claims process throughout South East Queensland including Brisbane, Ipswich, Gold Coast, Sunshine Coast and Toowoomba. You can also visit our offices or do everything over the phone/online.
Strict time limits apply. The limit is 3 years from the date road accident for most claims unless you were under 18 when the injury occurred. Much shorter time limits apply in certain circumstances such as hit and run incidents where the other party is unknown. To ensure all evidence can be gathered and no deadlines are missed, we recommend seeking legal advice as soon as possible. A notice of accident claim form normally needs to be lodged within 9 months of the accident.
Compensation is paid by the Compulsory Third Party (CTP) Insurer of the vehicle at fault. The claim is not made directly against the driver at fault, meaning the driver will not be out of pocket, nor will they have to find a lawyer to represent them. The CTP Insurer will deal with everything.
For example, if you were injured as a passenger due to the fault of your partner who was driving then you could bring a claim with no adverse implications on them.
If you are uninjured and are simply seeking property damage costs to pay for vehicle repairs then you probably won’t need a lawyer if you or the at-fault party have suitable insurance. However, if you or someone in your vehicle was injured then you should seek legal advice.
You can download a notice of accident claim form from MAIC (Motor Accident Insurance Commission) and then lodge a claim with the compulsory third party insurer of the at-fault party.
However, without the ability to take the insurer as far as court it is typically very difficult to directly negotiate an offer that will adequately compensate you for your loss of income, medical expenses and pain and suffering. An expert motor and car accident lawyer can help negotiate a suitable settlement.
The amount of compensation that can be claimed for a car or motor vehicle accident is calculated based on many factors such as the severity of your injuries, loss of income (past and projected future loss), loss of superannuation, surgery/medical expenses, your age plus pain and suffering.
Many more minor car injuries such as less severe whiplash claims often settle for tens of thousands of dollars while severe motor vehicle injury claims such as those causing spinal cord injuries could be six or seven figure settlements.
An assessment of your situation is needed before any projections can be given. Settlements reflect the long term impact on your life so it’s worth remembering that large settlements are associated with long term or life altering injuries.
The first priority after a car accident should be the safest of those on the scene. If someone is injured then you should call emergency services for paramedic and police assistance. If the police do not attend then you should report the incident to them and your insurer.
Calling a lawyer isn’t something you need to do immediately after an accident but if injured is best not to wait too long before seeking advice.
Starting a claim earlier can make it easier to gather reliable evidence and witness statements to prove liability and negligence of the at-fault party. It can also ensure no time limits are missed such as lodging a notice of accident claim form
If you have been injured in a motor vehicle accident such as a car crash then it’s likely you will face medical expenses such as physio, occupational therapy, medication and possibly for surgery. Medical costs that can be covered by Medicare will be done that way and you may be eligible for some claims via your private health fund policy if you have one.
We can assist in making an insurance claim to get other out of pocket expenses paid by the CTP insurer of the at-fault party without you having to wait for the full compensation payout to settle.
When a settlement payout is made then the insurer's offer will factor in money already received for treatment to date as well as projected future costs.