Car Accident Injuries

 

On average each year in Queensland over 300 people are fatally injured and many thousands are hospitalised as a result of motor vehicle accidents.

 

These statistics do not include the even large number of motorists or pedestrians that are required to attend upon doctors and rehabilitation providers due to less serious but still significantly devastating injuries which weren’t dealt with by a centralised hospital.

 

The physical, emotional and financial impact of injuries caused by motor vehicle related accidents is crippling for many injured people and their families.

 

Your personal injury lawyer at Macquarie Legal has the experience and knowledge required to guide you through the claims process and ensure you receive the compensation to which you are entitled.

 

Am I Able to Claim?

 

You may be able to make a claim for compensation if:

 

1.       You were injured in an accident related to a motor vehicle; or

2.       A relative was fatally injured and you were financially dependent on them.

 

To make a claim, you must be able to establish that another party (other than you) was at least in part at fault.

 

If the vehicle at fault is unidentified or unlicenced, you may still be able to make a claim.

 

If the incident took place in Queensland but vehicle at fault was registered in another State or Territory it will be necessary to contact the relevant Compulsory Third Party insurer in that particular State or Territory for information about the vehicle. Your personal injury lawyer at Macquarie Legal is able to make these enquiries on your behalf.

 

What if I am Partly at Fault?

 

If you were partly at fault for the crash, or you were partly responsible for your injuries, you are still able to make a claim. Examples of circumstances where you may be partly at fault and which may result in a reduction of your award of damages include:

 

• not wearing a seatbelt.

• driving under the influence of alcohol.

• travelling in a vehicle where you know, or should know, the driver is under the influence of alcohol.

• driving at an unsafe speed or not keeping a proper lookout.

• not wearing a helmet if you were riding a motorcycle or bicycle.

 

How do I make a Claim?

 

The first thing you'll need to do is contact your personal injury lawyer at Macquarie Legal.

 

We can the assist you in filling out a Notice of Accident Claim form. This form is required to be completed by any person seeking to make a Compulsory Third Party claim in Queensland.

 

You, or someone on your behalf in the event you are under eighteen or cannot complete the document due to your injuries, need to complete the form as soon as possible due to the strict time limits that apply to such claims in Queensland.

 

When completing the Notice of Accident Claim form you are required to provide various information which includes the following:

 

• Date, time and location of the accident

• Registration numbers of the vehicles involved

• Names and addresses of all parties

• Names and addresses of any witnesses.

 

Once we have completed your Notice of Accident Claim form with the required information, your claim will be lodged.

 

Is there a Time Limit to Make a Claim?

 

Time limits do apply, depending on your age and situation. In the event that the time limits are not followed, you can be barred from bringing a claim.

 

It is recommended that you seek legal advice with respect to these matters as soon as possible.

 

• A Notice of Accident Claim form must be lodged with the relevant Compulsory Third Party insurer within the earlier of one (1) month from consulting a lawyer or nine (9) months from the date of the accident.

• In the event that the vehicle is unregistered or unidentified, it will be necessary to lodge a Notice of Accident Claim form with the Nominal Defendant within the earlier of one (1) month from consulting a lawyer or three (3) months from the date of the accident.

• If you have not lodged your claim within 3 years from the date you first became aware of your injury, (generally this is the date of accident) you may be legally barred from pursuing a claim.

• If you have not settled your claim within 3 years from when you first became aware of your injury you must ensure that Court proceedings are commenced to preserve your claim.

• If you are under 18 years of age at the time you first became aware of your injuries, different limitation periods will apply depending on your age.

• Claims for financial dependency, as a result of the death of a person upon which you were financially dependent, must be lodged within 3 years of the date of death.

 

Our website contains a brief summary of the information relating to the various limitation periods but is by no means exhaustive. It is recommended that you seek legal advice as soon as possible. Simply complete the ‘Getting Started’ e-form on this page or visit or phone your personal injury lawyer at Macquarie Legal.

 

Liability

 

Your personal injury lawyer at Macquarie Legal will investigate the accident to establish the circumstances of the incident and establish the party that was at fault. This may involve the appointment of an investigator to obtain statements from the people involved in the incident and any witnesses to the accident. We will also request information from the police where necessary.

 

At the same time that we are conducting our enquiries, the Compulsory Third Party insurer will be conducting their own investigations. On completion of the investigations, we will write to you advising whether liability for your claim has been accepted or denied. If liability is not accepted or only partly accepted we will advise you of the reasons provided for the decision by the Compulsory Third Party insurer.

 

Medical Treatment Following Your Accident

 

If you have been injured in a motor vehicle accident, you should consult a doctor immediately. If you have symptoms that are likely to be long term you should continue seeing your doctor from time to time so we can obtain medical reports on the progress of your treatment and recovery, and utilise these to establish a claim for ongoing payment of your medical and other expenses.

 

While you are entitled to seek any type of treatment, you should contact us to make the necessary enquiries with the Compulsory Third Party insurer to ensure that the associated costs will be covered before your treatment starts. You have a legal obligation to take all reasonable steps to recover from your injury.

 

Generally, the Compulsory Third Party insurer won't continue to pay for medical treatment on an ongoing basis unless it is providing some sustained improvement in your medical condition.