QLD Car Accidents Experienced accident lawyers to help you with your claim
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Have you been involved in a car accident?
As a pedestrian, driver or passenger involved in an accident, you may be able to claim compensation for your personal injuries. Attwood Marshall Lawyers are experts in all kinds of personal injury claims including car accident compensation.
Contact us for your FREE, no obligation appointment and we’ll advise you on whether you have a valid case and how to proceed with a claim. We work on a no win – no fee basis.
The amount of compensation that can be claimed depends on the nature and extent of your injuries. Compensation can be claimed for:
Pain and suffering;
Past and future out of pocket expenses;
Past and future loss of income; and
Loss of superannuation.
Subject to exceeding thresholds contained in the legislation, claims can also be made for:
Past and future care; and
Legal costs.
Here are 5 critical things you need to know about making a car accident claim in Queensland:
1. Reporting the Accident to the Police
The car accident must be reported to the police within 28 days. If the police did not attend the scene of the car accident, then you must report it to the nearest police station to where the accident occurred.
2. How to Make a Car Accident Claim
A Notice of Accident Claim Form must be served on the Compulsory Third Party (CTP) insurer of the vehicle at fault within nine (9) months of the date of the accident, or within one (1) month of consulting a lawyer. In circumstances where the vehicle at fault is either unidentified or unregistered, a Notice of Accident Claim Form should be served on the Nominal Defendant within one (1) month of the date of the accident. If the claim form is not served on the Nominal Defendant within nine (9) months from the date of the accident, then your claim for compensation becomes statute barred. This means that you lose all of your rights to receive compensation for your injuries.
3. Important! Limitation Periods
Court proceedings claiming compensation for your personal injuries must be filed within three (3) years from the date of the car accident (or for infants three (3) years from their 18th birthday). There are important procedural steps that must be taken before you are entitled to file court proceedings. If court proceedings are not filed within that time, your claim becomes statute barred. This means that you lose all of your rights to recover compensation for your injuries.
4. After a Claim is Lodged – Your Medical Treatment
Once the claim is accepted by the CTP insurer, it is obliged to pay for all reasonable hospital, medical and rehabilitation costs.
5. Settlement
Once your personal injuries have stabilised, the CTP insurer will usually attempt to negotiate a settlement. The majority of claims are settled by informal negotiation or at settlement conference. If a settlement cannot be reached, the next step is to initiate court proceedings.
