Motor Vehicle Accidents in Queensland

Have you suffered because of an incident involving a motor vehicle accident?

Contact Gajic Lawyers as soon as possible as strict time limits that apply for  Motor Vehicle Accidents in Queensland.

We can help you claim the compensation you are entitled to.

Motor Vehicle Accidents  Lawyers in Queensland

As one of Australia’s most populated states, it comes as no surprise that Queensland consistently ranks among the top three states with the most car accidents, serious injuries caused by motor vehicle accidents, and accident-related fatalities.

While commonplace and usually merely headache inducing, car accidents may also be devastating and far from simple. If you or family member or friends are dealing with the aftermath of a car accident, or you simply want to be prepared in the event you are one of the many inconvenienced by one this year, please contact us soon to receive professional legal advice. In the meantime, we cover some of the most frequently asked questions about the legal workings of what to do in the event of a motor vehicle accident.

Types of Accidents Included in ‘Motor Vehicle Accidents’

Under the Motor Accident Insurance Act of 1994, a broad amount of accidents and individuals may be entitled to compensation in a motor vehicle accident. Obviously, cars are included, but so are accidents involving motorbikes, pedestrians, pillion drivers, public transport, bicycles, and even passengers.

Requirements?

In order to file a motor vehicle or car accident claim, you must fulfill two basic requirements. First, you must have sustained an injury (either a physical or economic loss). Second, the accident that caused the injury must nor have been caused by you or, not entirely your fault at least. If you are, in fact, found to be at fault, this finding may preclude you from compensation entirely, in which case you will be unable to receive damages.

Time Limits

In Queensland, there are strict time limits that apply to motor vehicle accident claims. In order to have a successful compensation case, you must file and place the at-fault party on notice within nine months of the injury-causing accident. Missing this time limit, though damaging to your case, may not prove fatal to your claim if you are able to provide a good reason for the delay. A lawyer can advise you on the probability of success and whether you have a chance to overcome the strict time bar.  

Steps to Take when Making a Motor Vehicle Compensation Claim

1. Report the Accident to the Authorities:

  1. Police: In most cases, you will need to contact the police so that they can generate an accident report. This report can be helpful in supporting your claim down the road and will record factors that you may not think of in the heat of the moment…such as, lighting, road conditions, weather, and more. You are not required to report an accident to the police if there is no need to tow a vehicle or no sustained injuries. However, many injuries take time to manifest symptoms (i.e. whiplash, spinal injuries, and concussions) so it is advisable to contact the police in any case, just to be safe.
  2. Medical Professional: Similarly, seeking medical advice immediately or soon after an accident is advisable as your compensation claim may require the professional opinion of a doctor. The medical report may act to bolster your later claims, and by receiving immediate medical attention you may be able to mitigate the unforeseeable effects of less immediate injury symptoms (like those mentioned above).
  3. Insurance: You will be required to lodge your claim with the insurer of the at-fault party once all portions of the claim are complete.
  4. Legal Counsel: An experienced car accident lawyer will be able to ensure that the claim is completely filled out in the appropriate fashion, that all time limitations are met, and that you are fulfilling all the requirements for a successful motor vehicle compensation claim. Contact one as soon as possible so that you do not miss out on the valuable advice and support a lawyer can provide.

2. Exchange Information:

You should exchange information with both witnesses and other parties to the accident such as: contact information (name, address, phone number, driver’s license, and etcetera), vehicle registration, insurance coverage, and any other relevant information.

3. Record Your Account of the Accident:

Vehicle compensation claims may take up to over a year to finalize. Over the course of this time period it would be understandable if you forgot or misremembered the intricate details of the accident. Consistency is key in constructing a strong and successful claim, so it is advisable to write down your perception of the accident as soon as you can and with as much detail as possible. This will help you keep a clear head when answering questions from insurers and refresh your memory when time has passed.

What to Expect in Regards to Compensation

In Queensland, it is generally the insurer of the at-fault party who pays the compensation awarded to the injured party. Depending on the type of injury received or damages sustained, you may be entitled to receive compensation for many things, including (but not necessarily limited to): injuries, pain and suffering, lost wages, care, out of pocket expenses, and damage caused to personal property (namely, your vehicle).

How Long will it take for me to Receive Compensation?

In Queensland, the accident claims process may take from a year all the way up to 18 months. However, it is possible that a complex or complicated case may take even longer…it all depends on the unique circumstances of the case.

Regardless of the individual variables surrounding your accident, the best way to protect your interests is to contact a lawyer as soon as possible. The claims process in Queensland can be convoluted and confusing, but with a professional by your side, you can rest assured that your best interests will be protected. Contact us for legal help today.