Bus Accident Claims

If you have been injured by no fault of your own while commuting on a bus that has been involved in an accident, then you may be entitled to claim compensation.

While bus accidents may be uncommon, they do happen, and they can significantly affect the lives of those that have been involved. We understand the dire consequences that injuries – both physical and mental – can have for a passenger that has been involved in a bus accident, which is why we are passionate about helping clients on their road to recovery. Compensation plays a valuable role in this recovery process, and as dedicated compensation lawyers, this is something that we are experts in assisting injured clients with.

Our Claims Process

At Revolution Law, our Brisbane lawyers can expertly run bus accident claims on a No Win-No Fee Basis. We advocate to get the funding you need to receive treatment and rehabilitation, and we also accumulate evidence and form a case to obtain you the best possible lump sum compensation offer to reimburse you for your past and future economic loss, your pain and suffering, and your future medical and rehabilitation expenses. We know how to manage insurers’ expectations to generate compensation offers that you will be happy with.

If you or a loved one have been involved in a bus accident, then call our Brisbane compensation lawyers to obtain free legal advice and request a free consultation about the bus accident injury and potential compensation claim.

How Our Clients Receive More:

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  • Regular contact and updates
  • Client portal
  • Big firm experience and expertise
  • Reasonable fee rates
  • No-win, no-fee

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What You Need to Do After A Bus Accident

In the event of a bus accident, you first need to ensure that you and anyone else are in a safe position away from­­ any potential dangers.

If you do not request immediate medical treatment and there is nothing you can do to assist in the situation, then it is important to ensure you start documenting the bus accident so that you have evidence to draw upon in the future. Sometimes the shock of the bus accident may create trouble for people remembering the specifics, so any evidence such as the at-fault driver’s details, other passenger details, video footage and camera phone photos can help in your personal injury claim.

If the police do not attend the scene, then you should report the bus accident to them so that they can document it. It is also important to attend your doctor’s appointments and start any rehabilitation or treatment you may require to help you recover from your injury.

Once you are ready, call one of our Brisbane bus accident lawyers to obtain free advice about any potential personal injury claim you may have. Remember time limits do apply, so it is important to act quickly to ensure that you can obtain the bus accident compensation you are entitled to.

Who Am I Suing?

A bus accident personal injury claim is made against the CTP insurer of the vehicle that caused the accident, not against the other driver or the driver of the bus. As a passenger, you would still be able to make a bus accident CTP claim even if the driver was completely liable for the accident.

In Queensland, CTP insurance is built into the registration of the vehicle, and the insurer will be either Allianz, QBE, RACQ or Suncorp. CTP insurance covers an at-fault driver by providing compensation to the accident victims from the CTP insurer’s premium pool. This is the purpose of CTP insurance; the scheme is solely available to compensate people that have sustained injuries whether it be in a car accident, a bus accident or a motorbike accident.

Don’t worry if the at-fault car is unregistered, as we often see with stolen vehicles. In this case, you will still be able to make a personal injury claim however it will be against the Nominal Defendant as opposed to a CTP insurer.

What Happens if the Bus Accident was Caused by an Unregistered Vehicle?

If you have been involved in a bus accident where the at-fault car had no insurance, you and any other injured passengers are still eligible to make a personal injury claim. Instead of the claim being made against the at-fault driver’s CTP insurer, it is made against the Nominal Defendant which is a statutory body that receives funding by way of additional contributions in CTP registration fees for all Queensland vehicle registrations.

The Nominal Defendant will commence an investigation in an attempt to identify the at-fault driver. Please note that there are very strict time limitations that apply due to the difficulty in obtaining evidence, therefore, the claim must be commenced by way of serving a Notice of Accident Claim form (claim form) on the Nominal Defendant within three (3) months of the accident date. If the claim form is not served within the three months, then it must be served no later than nine (9) months after the accident date, and a reasonable excuse will need to be provided as to why it was served outside the three months.

Failure to serve the claim form and receive compliance within the nine months will result in losing all entitlements to commence a claim as it is a strict limitation period.

My Child Has Been in a Bus Accident. Are They Entitled to Make a Claim?

Children are classified as 17 years of age and under in criminal proceedings, however, many insurance policies list the adult age as 18 years. In the unfortunate event of a child being injured, the child’s guardian is able to make a common law claim on their child’s behalf for compensation.

Permanent injuries can have a lasting and significant effect on a child’s life. The purpose of bus accident compensation is to minimise financial hardship and to cover various heads of damages such as:

  • Loss or reduction of income as a result of inability or reduced ability to work;
  • Pain and suffering;
  • Treatment and rehabilitation;
  • The need for someone to provide care in the home or in the community; and
  • Out of pocket expenses both for now and in the future.

It is important to speak to a specialist in personal injury law to determine whether your child has a personal injury claim through no fault of their own or even when they are partially at fault. If you need to speak to a compensation lawyer that can talk to you, parent to parent, then you will want to speak to us. We will answer any queries or concerns at a completely obligation-free consultation.

How Much Compensation Will I Receive for My Injury?

Every injury compensation claim is different and is assessed individually. It is difficult to estimate a compensation figure until all the evidence has been gathered and the extent of the injury has been established. Therefore, estimates are not really possible until well into the claim. Any lawyer that does provide you with a figure is simply taking a wild stab in the dark and may potentially be telling you what you want to hear with the hope of signing you up.

There are five main heads of damages that are considered in a compensation claim and these include:

  • Loss or reduction of income as a result of inability or reduced ability to work;
  • Pain and suffering;
  • Treatment and rehabilitation;
  • The need for someone to provide care in the home or in the community; and
  • Out of pocket expenses both for now and in the future.

Each of these heads of damages bears a different weight of worth in regards to compensation. For example, loss or reduction of current and future income is weighted more than pain and suffering. A successful lawyer will know how to condense your evidence and advocate expertly on your behalf to obtain the maximum amount of compensation for each head of damage.

How Much Will My Legal Fees Be?

Due to the nature of bus accident claims and personal injury, it can be difficult to establish exactly what your legal fees are at the beginning of a claim because various factors will come into play.

No matter the law firm, all personal injury No Win-No Fee arrangements are subject to the 50/50 rule. This rule stipulates that the maximum fee that a law firm can charge including GST is 50% of the settlement amount after refunds and outlays have been deducted. This does not automatically mean we will take 50% of your settlement, but it does put a cap on what we can, which prevents rogue law firms from putting clients in a position where they are worse off after making a claim.

In comparison to other big-name personal injury law firms, at Revolution Law, our lawyers and legal staff hourly rates are significantly lower. Further to this, we have excellent systems in place to ensure that our lawyers and team are always working efficiently.

Our fee policy also guarantees no uplift fee. Many of our competitors charge an additional 25% uplift fee on the successful completion of a claim, simply for taking the financial risk on your matter. We don’t charge this additional fee because we are in the business of winning and we are confident in our expertise as personal injury lawyers.

Our No Win-No Fee policy is of zero risk to our clients. If we don’t win your matter, then you get to walk away from the claim with zero strings attached. If we have paid for any outlays such as medical appointments and reports on your behalf, then you do not need to worry about reimbursing us. Zero risk – the way it should be.

Can I Represent Myself in a Bus Accident Claim?

Absolutely! Insurers are always more than accommodating when the claimant wishes to self-represent, generally because the claimant does not have the same comprehensive understanding of the law as an expert compensation lawyer. Insurers take advantage of this and we regularly hear of clients receiving settlement offers of just a few thousand dollars, despite suffering significant injuries.

Not only is it difficult for self-litigants to gather the correct evidence for each of the heads of damage, condense it and correctly complete the necessary documentation, but they also do not know how to place pressure on insurers and liaise with them to ensure the best possible outcome. Even if the claim has been expertly put together by someone who is self-representing, it is well known that insurers will offer low compensation amounts as self-litigants do not pose the threat of further legal action.

Even after legal fees, our clients will still have a better compensation figure than if they attempt to represent themselves.

How Long Does A Bus Accident Claim Take?

A compensation claim for a bus accident on average takes between 12 to 18 months. In some cases, claims have been settled earlier, and at other times it has taken longer.

A claimant’s matter cannot be finalised until they have physically and mentally returned to a stable and stationary position after their accident. This period of recovery is one of the biggest determiners of the length of the claim, as many clients will often obtain treatment or rehabilitation such as physiotherapy to assist in their recovery.

Throughout the claim process, we will keep you updated and informed of the progression and assist you in obtaining any rehabilitation treatment to support your recovery.

What Type of Rehabilitation am I Able to Obtain?

The at-fault driver’s insurer will pay for your rehabilitation and treatment once they have accepted liability. Your rehabilitation and treatment must be relevant and appropriate to the injury that you have sustained in the bus accident.

The purpose of rehabilitation and treatment is to assist in the recovery from the injury and/or surgery that has been a result of the bus accident. As soon as appropriate after your accident, you should speak to your doctor about what rehabilitation would be most suitable for your injury. Occasionally symptoms of the injury may not be immediately apparent, so it is important to monitor your overall wellbeing carefully in the initial few months following an accident. Should you obtain treatment or rehabilitation, then it is important to keep all receipts from any treatment you receive so that you can obtain a full refund. You are also able to claim for the travel costs to and from the treatment provider.

Types of rehabilitation and treatment you might like to access can include but are not limited to:

  • Physiotherapy;
  • Chiropractor care;
  • Acupuncture;
  • Remedial Massage;
  • Occupational Therapy;
  • Psychologist;
  • Pharmaceuticals for pain relief and
  • Rehabilitation Counselling.

As part of the claim, we will organise all the treatment and rehabilitation refunds. Should your treatment not be working, we can discuss other options.

How Long Do I Have After a Bus Accident to Lodge a Personal Injury Claim?

Strict timeframes apply and your claim could be rejected if you lodge outside of these timeframes, unless you have a fair and reasonable explanation. It is in your best interest to lodge a claim earlier rather than later, as the earlier lodgement will assist in quickly obtaining funding for treatment and rehabilitation as well as accessing your compensation sooner rather than later.

In cases where you are giving notice to the Nominal Defendant due to an uninsured or unidentifiable vehicle, then you have a three-month period. This period is short due to the Nominal Defendant’s rights to investigate the merits of the claim.

If you consult with a solicitor, then notice must be given to the insurer within one month of that first consultation.

If the above timeframes do not apply, then you must provide notice to the insurer within 9 months of the accident or from the first appearance of symptoms of your injury.

For minors at the time of the accident, different timeframes apply, and it is best to speak directly to one of our lawyers for obligation-free and no-cost advice in this regard.