Motor Vehicle Accident Compensation
For any motor vehicle accident that occurs on a Queensland road, one of our senior compensation lawyers can easily explain to you what your entitlements are to claim compensation and the process of a motor vehicle accident claim. If you believe you have a compensation claim, give us a call, and speak directly to a lawyer who can talk you through the next steps. Alternatively, you can fill in a contact form and one of our expert compensation lawyers will provide you with a call back at a time that suits you - weekends and evenings included. At Revolution Law, our team will go out of their way to ensure that you are a priority, not just a number. Get to know how we can help with a free case consultation.
Our Claims Process
Our compensation lawyers don’t just focus on an end settlement. From the very start of a motor vehicle accident claim, we push the insurer to ensure that our clients receive all their entitlements, starting with their full entitlement to rehabilitation funding because a failure to obtain such rehabilitation can increase the chance of long-lasting symptoms and pain.
Whether it’s obtaining physiotherapy for soft tissue (whiplash) type injury, or something more severe where a client is seriously injured clients and needs funding for surgery, you’ll be working with the best Brisbane motor vehicle accident lawyers at Revolution Law.
How Our Clients Receive More:
- Plaintiff Driven - we're on you side
- No uplift fees - we won't add on the sneaky 25%
- Regular contact and updates
- Client portal
- Big firm experience and expertise
- Reasonable fee rates
- No-win, no-fee
Queensland's CTP Compensation Scheme
A personal injury compensation claim is made against the CTP insurer of the vehicle that caused the accident, not against the other driver. Even if you were partially at fault, you may still be eligible to make a CTP claim, but your compensation may be reduced.
In Queensland, the 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 car accident victims from the CTP insurer’s premium pool. Accident victims can include passengers, other drivers, cyclists or pedestrians.
Your Motor Vehicle Claims Taken Care of
While our clients focus on getting better after their motor vehicle accident, we start the process of evidence gathering. Evidence gathering is of utmost importance and an extremely detailed aspect of the claim. Our legal expertise will ensure that we obtain the required evidence to identify liability on the at-fault party/vehicle, as well as going above and beyond to obtain the evidence necessary to build the quantum (amount in monetary terms) of the claim to deliver the best settlement to our client. We will never settle for a second-best compensation offer and we will always go above and beyond to ensure that we can get the best result.
We strongly recommend that if you have been in a motor vehicle accident, you speak to one of our experienced compensation lawyers straight away. Your initial consultation is 100% free and it gives you an opportunity to have an expert explain your rights and entitlements. We have seen so many unfortunate circumstances where people have attempted to run their own motor vehicle accident claim only to be taken advantage of by the insurer. The evidence points to one thing; your compensation results will be substantially better if you have the advice and know-how of an experienced car accident lawyer running your claim.
If you are looking for a car accident lawyer in Brisbane to represent you with your compensation claim, then call Revolution Law. We can guarantee that you will quickly be able to speak to one of our experienced and friendly lawyers for pressure-free advice. Should you wish to consider proceeding with your claim, we can arrange a no-obligation, free initial meeting.
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Frequently Asked Questions
Am I suing the other driver?
A personal injury claim is made against the CTP insurer of the vehicle that caused the accident, not against the other driver. Even if you were partially at fault, you may still be eligible to make a CTP claim, but your compensation may be reduced.
In Queensland, the 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. Accident victims can include passengers, other drivers, cyclists or pedestrians.
Don’t worry if the at-fault car is unregistered (as we will often see with stolen vehicles) – 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.
A common misconception that we regularly see is people not believing they are entitled to make a personal injury claim because they don’t think they have insurance and/or they don’t believe the other driver has insurance. The second misconception that people have is they think that if they are making a personal injury claim, they are suing the other driver.
I am the at-fault driver. Can I make a compensation claim?
If you have been deemed totally at fault or if no-one was at fault, then you are most likely not eligible to make a personal injury claim. If you had any passengers travelling with you at the time of the accident, then they will be allowed to make a personal injury claim, remembering it is against your CTP insurer and not against you personally.
Regardless of who was at fault, if you have obtained a catastrophic injury, you will be able to receive necessary treatment, care and support which is covered by the National Injury Insurance Scheme.
There may be other alternative claims you will be able to make regardless of fault such as income protection claims or a TPD claims. You are welcome to call our car accident lawyer Brisbane office if you would like further assistance on finding out what claims you are eligible to make.
What happens if I have been involved in a hit and run or if the other car is unregistered?
If you have been involved in a hit and run, you 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 – 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 to identify the at-fault driver. Please note that very strict time limitations 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 of 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.
I am the passenger that has been injured. Can I make a compensation claim?
If you have been injured in a motor vehicle accident and you were the passenger, you can make a claim for personal injury. This claim will not be against the driver of the vehicle; it will be against the driver’s CTP insurance. CTP insurance is in place to protect any person injured as a result of an incident, whether they are a passenger, a driver or passenger in another vehicle, or a pedestrian.
My child has been in a car 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 can 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 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 motor vehicle accident 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 will my legal fees cost?
Due to the nature of personal injury and motor vehicle accident claims, it can be difficult to establish exactly what your legal fees are at the beginning of a claim because a range of 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 car accident law firms putting clients in a position where they are worse off after making a claim.
In comparison to other big name personal injury law firms, 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 working efficiently.
Our fee policy also guarantees no uplift fee, which many of our competitors do charge on the successful completion of a claim. This additional 25% in fees is to consolidate the firm 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 car accident lawyers Brisbane wide.
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 car accident compensation claim?
Absolutely! Insurers are always more than accommodating when the claimant wishes to self-represent. This is 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 claimants 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, clients will still have a better compensation figure with the support of a lawyer than if they attempt to represent themselves.
How long does a car accident claim take?
A car accident claim on average takes between 12 to 18 months. In some cases, claims have settled earlier, and 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 car accident.
This period of recovery is one of the biggest determiners of the length of the claim. 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.
Who is the nominal defendant?
The nominal defendant is an independent insurer that steps in to compensate the claimant who has been injured in a not-at-fault accident with a vehicle that has been unable to be identified or is uninsured. Within the CTP insurance premium, there is a levy which funds the operation of the nominal defendant. Should you have been involved in a car accident where the other vehicle is unidentifiable or uninsured, then it is important to note that you must lodge your application to the nominal defendant within three months.
What type of rehabilitation am I able to obtain?
The at-fault driver’s insurance 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 car 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 car 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:
- Chiropractor care;
- Remedial Massage;
- Occupational Therapy;
- Pharmaceuticals for pain relief; and.
- Rehabilitation counselling
As part of the claim, your car accident lawyer 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 car accident to lodge a personal injury claim?
Strict timeframes apply, and your claim could be rejected if you lodge outside of those 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.
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 nine 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 motor vehicle accident lawyers for obligation-free and no-cost advice in this regard.