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FAQs

FAQs

Do I have a Claim?

If you are any of the following:

  • A driver or a passenger in a motor vehicle
  • A rider or a pillion passenger on a motorcycle or scooter
  • A rider or a pillion passenger on a bicycle
  • A pedestrian
  • A bus driver
  • A truck driver
  • A driver of an unregistered dirt bike or certain kinds of mobile machinery on a road

who has been injured in an accident involving another motor vehicle that is not your fault or only partly your fault, you have a right to claim compensation.

In most cases it is even possible to make a claim even when the vehicle is unregistered or the identity of the vehicle that caused the accident is unknown, such as where there is a hit and run accident or an accident caused by an unknown vehicle that has left hazardous materials or substances on the road such as oil or fuel which has caused or contributed to the accident.

If you have a loved one who has been killed or seriously hurt in a motor vehicle accident you may also have the right to make a claim for compensation.

Call us now on 1800 777 099 for an obligation free claim review over the phone or contact us.

What if I was injured in a Motor Vehicle Accident when riding an unregistered dirt bike or driving or riding on a tractor, backhoe or some other kind of registered or unregistered machinery?

If you were injured in a motor vehicle accident while riding an unregistered dirt bike or driving or riding on a tractor, backhoe or some other type of registered or unregistered machinery, you may only have a potential claim if the motor vehicle accident out of which the injury arises happens on a road.

What if the vehicle I was travelling in was unregistered?

Injury Lawyers Queensland frequently makes claims for both the drivers and passengers of unregistered vehicles that were involved in road accidents. The fact that the vehicle is unregistered at the time of the accident does not prevent you from making a claim for compensation. Call us now on 1800 777 099 for an obligation free claim review or contact us.

What can I claim?

The compensation you can claim is made up of various categories

  • Property Damage Expenses – you are entitled to be compensated for the repair or replacement costs caused to your vehicle, bike or scooter as well as the replacement costs of your damaged gear or personal items.
  • Rehabilitation and Medical Expenses – expenses you incur following the accident can usually be recovered immediately from the CTP Insurer of the vehicle that caused or contributed to the accident.
  • Operative Treatment – We can have the funding for your operative treatment approved and paid for in advance if you require operative treatment for your injuries.
  • Pain and Suffering – compensation for the Pain and Suffering associated with your injuries
  • Out of Pocket Expenses – reimbursement for any Doctors or Medical expenses, travel expenses to and from appointments and Chemist expenses
  • Care and Assistance – you can claim an hourly rate for any assistance you obtain from your friends, family or paid assistance for household chores or taking you to and from medical appointments etc.
  • Loss of Earnings – reimbursement of lost earnings for the time you are away from work as well as any lost overtime or promotional opportunities because of your injuries and medical treatment
  • Future Loss of Earnings – a lump sum payment for the income you will lose during your future working life because you cannot work to your full potential or in the same industry
  • Future Medical Expenses – a lump sum payment for any future medical treatment you will require for your ongoing medical needs

Why use a Lawyer?

If you have been a Driver, Rider, Passenger or a Pedestrian that has been involved in a motor vehicle accident that is not your fault, or only partly your fault, you have a right to claim compensation in Queensland.

Because it is in the insurance company’s interests to try and limit the amount of compensation you can recover, they will not tell you what you can claim and what your claim is really worth.

Insurance companies have their own team of Lawyers who do everything they can to try and reduce the amount of your claim.

Without legal representation you will be at a big disadvantage when dealing with the insurance companies and their lawyers.

If you are involved in a motor vehicle accident in Queensland, it is critical that you obtain advice from a lawyer who is very experienced in Motor Vehicle Accident claims to ensure that you are aware of all the benefits available to you.

As Injury Lawyers Queensland are very experienced in all Motor Vehicle and Road Accident claims, we make sure that you recover everything that you are entitled to at law.

And because Injury Lawyers Queensland operates on a No-Win, No-Fee basis, you don’t need to pay for any legal costs or outlays until your claim is successfully finalised.

In most cases a proportion of your legal costs and outlays can be recovered from the Insurance company.

Who do I claim against?

Your claim for Property Damage is made against the driver of the vehicle that caused the accident. There are many vehicles on the road that are insured for property damage caused to other vehicles on the roadway when involved in an accident. Where the owner of the vehicle has property damage insurance, the insurance company will indemnify (pay for) the property damage caused by the driver of the vehicle at fault in the accident. If there is no property damage insurance policy, your claim is made against the driver of the vehicle that caused the accident.

Pursuant to Queensland law all registered vehicles have Compulsory Third Party insurance as part of their annual vehicle registration costs. Claims for personal injury compensation are made against the CTP insurer of the vehicle at fault pursuant to the Motor Accident Insurance Act 1994 (Qld).

Even if a vehicle is unregistered or unidentified, a claim can usually be made against the Nominal Defendant which is a government insurer established through the Motor Accident Insurance Act 1994 (Qld). Please note that strict time limits apply to these claims.

How long will it take?

 

Your claim for property damage can be commenced straight away and it depends on whether the owner of the vehicle at fault for the circumstances of the accident has property damage insurance or not as to how long the claim will take to be finalised. If there is a property damage insurance policy in place, then the claim can be finalised in a matter of weeks.

If there is no property damage insurance policy in place then a claim will need to be made against the driver at fault for your property damage expenses and the recovery process can take longer.

The length of time it will take to complete your claim for personal injury compensation will depend on the nature and extent of the injuries you sustained in the accident.

Following an accident, the most important steps are firstly making sure that all of your injuries are properly diagnosed and then obtaining funding from the CTP insurance company for the best medical and rehabilitation treatment for your injuries pursuant to the Motor Accident Insurance Act 1994 (Qld).

Sometimes people require operative procedures before rehabilitation treatment can take place.

The law specifies that in most cases your injuries will require 12 months to stabilise before a Medico legal Specialist can assess each area of your body that was injured in the accident.

Once your injuries have been assessed, we prepare a document called a Statement of Loss and Damage which is a document designed to tell the insurance company what your claim is all about.

This document is then served on the insurance company and your case proceeds to a settlement conference.

After we speak with you about the extent of your injuries we can give you an individual assessment of approximately how long your case will take based on your individual situation.

What if my Motor Vehicle Accident occurred while I was working or I was on my way to or from work?

If you were injured in a Motor Vehicle Accident while you were working or on your way to or from work you still have the same rights to make a claim for property damage and compensation. You may also have a potential WorkCover claim. When you contact our office we can provide you with our advice of the potential claims you may have.

Will I have to go to Court?

It is unlikely that your case will proceed to a Court hearing. Statistically, less than 1% of claims proceed to a Court hearing.

Most claims settle once our firm and the insurer have sufficient information for the matter to proceed to a settlement conference.

What will I have to do?

When you engage Injury Lawyers Queensland to act on your behalf we will take care of all the necessary steps and paperwork in order to make successful claims on your behalf for property damage and compensation if required.

All you will have to do is provide us with the information and documentation we need to assist us to prove your property damage and medical expenses and earnings and attend medical appointments when required.

We will make sure that you receive the best medical treatment available and look after all aspects of your claims.

How much Compensation will I receive?

There are many factors that determine how much compensation and damages you will receive such as:

  • The nature and extent of your property damage expenses
  • The nature and extent of your injuries
  • How your injuries affect you physically and psychologically
  • How your injuries adversely affect your ability to work
  • How much time you have off work
  • How much medical treatment you require now and in the future
  • How much care you require now and in the future

You will receive compensation for the following:

  • Pain and suffering
  • Past medical expenses
  • Future medical expenses
  • Past loss of earnings and superannuation
  • Future loss of earnings and superannuation
  • Past care and assistance
  • Future care and assistance

An assessment of the amount of the compensation and damages you will receive can be determined once your injuries have stabilised and we have your injuries assessed by expert Medical Specialists, so they can evaluate the long term consequences of your injuries.

When you call our office for an obligation free claim review we may be able to give you an estimate of the range of compensation you can possibly claim having regarding to the extent of your injuries.

Can I recover my Medical Expenses straight away?

Yes, in most cases we can obtain reimbursement of your Medical and Rehabilitation treatment expenses that you have already incurred where it has been confirmed that you did not cause the accident.

We can also have the funding for your operative treatment approved and paid for in advance if you require operative treatment for your injuries.

Why Is Rehabilitation Important?

At Injury Lawyers Queensland we place a special focus on helping our clients obtain an accurate diagnosis of all their injuries as quickly as possible following an accident so that the appropriate rehabilitation treatment can be commenced without delay.

Over the years we have developed relationships with an extensive network of experienced medical practitioners and rehabilitation providers throughout Queensland to ensure our clients obtain the best possible medical and rehabilitation treatment available.

Are there any upfront costs?

No, at Injury Lawyers Queensland we understand that not everyone is in a position to pay a Lawyer upfront for legal advice. That is why at Injury Lawyers Queensland there are no upfront legal costs or outlays where we believe you have a potential claim for compensation.

If you are not injured in a motor vehicle accident and would like us to just help you with your property damage claim and there is no property damage insurance policy in existence, we can provide you with a quote for bringing proceedings against the driver of the vehicle at fault.

Injury Lawyers Queensland’s No Win No Fee scheme is available for all motor vehicle accident compensation claims. This means you do not pay for legal fees or outlays unless your case is successful.

The scheme is designed to help those whose financial circumstances might otherwise deny them access to legal representation.

In many cases a proportion of your legal costs and outlays can also be recovered from the insurance company.

Do time limits apply to making a Motor Vehicle Accident claim?

Yes, strict time limits and important procedural steps apply to making a claim for property damage or compensation when you have been involved in a Motor Vehicle Accident.

All property damage claims should be made as soon as possible after the date of the accident. It is a good idea to make your claim as soon as possible as the longer you take to make your claim, the harder it is to gather the information and evidence required to prove your claim. However, you can make a claim for property damage within 6 years of the date of the accident occurring.

With claims for personal injury compensation, if you have the details of the vehicle that caused the accident, then you have 9 Months from the date of the accident to make a claim or 1 month after consulting with a Lawyer about the possibility of making a claim.

It is still possible to make a claim for a period of up to 3 years from the date of the accident if a reasonable excuse for delay is provided to the insurance company.

If the vehicle that caused the accident is unidentified, then a claim form must be lodged with the Nominal Defendant within 9 months from the date of the accident. If the claim form is not lodged within 9 months from the date of the accident you will completely lose your right to make a claim.

In addition to the above time limits, legal proceedings for compensation claims must be commenced at Court within 3 years from the date of the accident or you will also completely lose your right to make a claim.

If you have been involved in a Motor Vehicle Accident we recommend that you seek legal advice immediately as you may lose your right to claim for damages if you fail to act within the critical dates.

Call us now on 1800 777 099 for an obligation free claim review or contact us.

How do I start a Motor Vehicle Accident claim?

Your first step is to obtain as much information as possible regarding the accident. Please download our free Motor Vehicle Accident Checklist for a list of the information that you will require in order to make a claim.

Once you have obtained this information we recommend you contact Injury Lawyers Queensland on 1800 777 099 for an obligation free claim review over the phone.

Alternatively, if you want to start your claim straight away, you can complete our online Accident Claim Form and a representative from our office will contact you upon receiving your claim form.

Call us on 1800 777 099 if you have any questions in relation to making a claim or completing our online claim form.

ILQ

A division of Litigation Law Queensland
We are passionate about helping people who have been involved in motor vehicle accidents and we love to exceed client expectations.

Head Office, Level 3, Oasis Shopping Centre, 75 Surf Parade, Broadbeach Qld 4218

1800 777 099

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