Can I Make A Motor Vehicle Accident Compensation Claim?
Car accidents are often an unforeseeable and unfortunate part of driving that can cause damage, injuries and severe expenses for those involved. Motor vehicle accident compensation payouts allow those who are affected by a car accident to receive financial compensation to overcome any possible damages, injuries or trauma caused by the vehicle at fault.
If you have suffered injuries in a car accident you may have a right to claim compensation. Our Car Accident Injury Lawyers can assist you with your motor vehicle accident compensation claim with respect to accidents involving cars, trucks, buses, motorbikes or bicycles.
Compensation includes:
- Loss of wages (past and future)
- Medical expenses (including physiotherapy etc.)
- Damages for pain and suffering after the car accident
- Future medical expenses
The motor vehicle accident claim is brought against the compulsory third party (CTP) insurer of the vehicle at fault (wholly or partially).
If you have a car accident in a different state or territory to where your car is registered, it is recommended that you seek legal advice about the best location to make your claim because entitlements can vary considerably. No matter where you have a motor vehicle accident, Kennedy Spanner Lawyers can help you with the claim process.
If you suffer injuries in a single vehicle accident which is the result of a road or bridge which is defective, you may also have a claim.
Time limits apply
Strict time limits apply to bringing a claim so we recommend that you speak with one of our experienced injury lawyers as soon as possible.
For a free initial discussion with an expert personal injury lawyer, telephone our Brisbane office (07) 3236 9169 or complete the case review form on this page.
Motorcycle & Bicycle Accident Claims Brisbane
If you have suffered injuries in a motorcycle accident you may have a right to a motor vehicle compensation payout.
Experience tells us that victims of motorcycle accidents will unfortunately suffer much more severe injuries. This means that the need for early intervention with physiotherapy and other rehabilitation is absolutely imperative. There is a positive obligation on the motor vehicle insurers to assess your rehabilitation needs at an early date and fund those costs.
You may also have a right to claim for the property damage caused to your motorcycle and we can assist you so that the claim is processed quickly.
The claim is brought against the compulsory third party (CTP) insurer of the vehicle at fault (wholly or partially).
Much of this can also be applied to cases where bicycle riders have ben involved in motor vehicle accidents. The team at Kennedy Spanner can help you with claiming compensation for negligence after a bike accident.
Time limits apply
Strict time limits apply to bringing a motor vehicle accident claim so we recommend that you speak with one of our experienced compensation lawyers as soon as possible.
For a free initial discussion with an expert Motor Vehicle Accident Lawyer, telephone our Brisbane office (07) 3236 9169 or complete the case review form on this page.
Motor Vehicle Accident Claim Frequently Asked Questions
Are There Any Time Limits Which Apply To Bringing A Motor Vehicle Compensation Claim?
The relevant legislation requires you to lodge a Notice of Accident Claim Form with the insurer of the vehicle at fault within 9 months of the date of the accident, or within 1 month of consulting a lawyer about bringing a claim, whichever date is earlier. If you do not lodge a notification within that time, it is not fatal but you must provide the insurer with a reasonable explanation for the delay.
Can I Claim My Legal Costs From The Insurer?
In our experience, between 35% and 70% of the final legal bill can be recovered from the insurer.
Can I Recover My Medical And Rehabilitation Bills Up Front?
How Long Will The Motor Vehicle Accident Compensation Claim Take?
This depends on the severity of your injuries and the circumstances of your accident.
As a rule of thumb, we arrange for you to be examined by our preferred medical specialist at 9 to 12 months after the accident. That medical specialist is asked to answer a number of important questions including how severe your injuries are and what is the likelihood that those injuries will have an impact on your ability to work in the future.
Once the specialist medical evidence is obtained, it is then a matter of assessing the value of the claim.
In our experience, most straightforward cases are completed between 12 months and 2 years from the date of the accident.
If there is something peculiar about your case or it is more complicated, it could take longer.
I Was The Passenger In A Car Driven By A Close Friend Or Family Member – If I Bring A Claim Will They Have To Pay Anything?
No. The claim will proceed against the CTP insurer of the vehicle being driven at the time.
Is It Worthwhile Bringing A Motor Vehicle Accident Claim?
There is only way to find out and that is to seek legal advice. We recommend you at least telephone a Personal Injury Specialist and seek advice. An answer to this question can often be given over the phone in a free initial telephone consultation.
Unable to Find The Motor Vehicle Compensation Answer You Were Looking For?
View All FAQs Contact Us Today
Vehicle Hit & Run Claims Brisbane
If you have been injured by an unregistered vehicle or been the victim of a hit and run, a claim can be made against a government insurer, the Nominal Defendant.
The claim proceeds almost like any other car accident claim except the claim is against the Nominal Defendant. There are some important laws that apply to bringing such a claim against the Nominal Defendant, for example the accident should be reported to the police and appropriate enquiries should be made in the event that it is a hit and run accident. Failure to do so promptly could result in the claim failing against the Nominal Defendant.
If a hit and run accident is caused by an unidentified vehicle, it is important that you lodge the required form with the Nominal Defendant within three months of the date of the accident. If you fail to do so you must provide a reasonable explanation for that delay. However if you fail to deliver the notice within nine months of the date of the accident (in a hit and run case), you will lose your right to bring a claim.
The Claim
A claim for damages includes damages for:
- Pain and suffering
- Loss of wages/income (past and future)
- Medical expenses (past and future)
- Out of pocket expenses
Time limits apply
Strict time limits apply to bringing a claim so we recommend that you speak with one of our experienced injury lawyers as soon as possible.
For a free initial discussion with an expert personal injury lawyer, telephone our Brisbane office (07) 3236 9169 or complete the case review form on this page.
How to Proceed After a Car Accident
To succeed with a compensation claim from a car accident, it is necessary to prove at least negligence against the other driver.
If you were injured in the accident and wish to claim compensation, you may be wondering about your best course of action for proceeding with a compensation claim.
First things first, you should ensure the safety of all of the involved parties. This will vary from case to case, as some will require urgent medical attention and some may be less serious. In the more serious cases, calling an ambulance should be your absolute priority.
After this, proceed to gather as much information as possible about the circumstances of the accident.
- If there are eyewitnesses nearby, be sure to grab their contact details so that they can provide evidence to support your claim.
- Exchange contact details with the other parties involved. Name, phone number and address is a good place to start. This is also very important in lodging your claim.
- Take pictures and gather as much information about the accident as possible. This should include all damages, the area of the accident, the weather conditions and any other contributing factors.
- Record the date and time of the accident.
- If police are on the scene, ask for a QPRIME (Queensland Police Records and Information Management Exchange) Number from them. QPRIME is a database used to record all reported traffic incidents.
Following these steps will put you in a good position to prove negligence in your motor vehicle compensation claim.