Motor Vehicle Injuries

It’s important that you have an experienced car accident lawyer to assist you with your claim.

Motor vehicle accidents can involve a variety of people such as the driver, passengers, pedestrians and cyclists. All of these people potentially have rights to access compensation as a result of motor vehicle accidents that occur in Queensland. By choosing Kerin Lawyers, your claim will be managed by experienced lawyers on a no win, no fee basis.

How Kerin Lawyers Handle a Compensation Claim

Stage 1 “Lodging a claim”

Motor accident occurs. A claim must be submitted as soon as possible following a motor vehicle accident so that your rights are protected. By submitting a claim, an injured person will generally have an entitlement to have all rehabilitation (including surgery) paid for by the at fault CTP insurer. Kerin Lawyers will identify the at fault driver and contact the at fault’s CTP insurer on your behalf.

Stage 2 – “The Rehabilitation Phase”

Generally this stage covers the period from the date of the car accident until 12 months post-accident. The focus during this stage is upon the rehabilitation of the injured person. It is common in car accidents for claimants to need physiotherapy, psychological counseling, specialist referral and surgery. The at fault CTP insurer has the responsibility to pay for any reasonable rehabilitation that a car accident claimant requires.

Stage 3 – “The Medico-legal Phase

When a car accident claimant’s injuries have got to a point of stabilisation, Kerin Lawyers will engage experienced medico-legal doctors to provide assessments about a claimant’s car accident injuries. Unlike some of our competitors, Kerin Lawyers will pay for the upfront cost of the reports. We don’t charge interest on the cost of the reports and we don’t make you take out a loan to pay for the cost of the reports.

Stage 4 – “Compulsory Conference”

The Compulsory conference is generally the first attempt a car accident claimant has to settle their case and receive compensation for their car accident injuries. Depending on how badly injured the car accident claimant is, this stage should occur at the 15 – 18 month post-accident stage. Kerin Lawyers will represent you at the settlement conference to ensure that your rights are protected and the most amount of compensation can be claimed for your motor vehicle accident injuries.

Stage 5 – “Issuing Legal Proceedings”

This stage occurs if your claim cannot be settled at a compulsory conference. It is common for car accident claims to progress to this stage because often CTP insurance companies do not offer enough compensation at the compulsory conference stage. Just because legal proceedings are issued does not mean that you will end up running a legal trial. This stage generally takes about 4 – 6 months and the majority of motor vehicle accident claims reach settlement at this point.

Stage 6 – Trial

Statistically, less than 5% of car accident claims progress to a trial.   Often the cases that do progress to trial are the cases where there is a dispute about who caused the accident.  If a trial is necessary in your case, Kerin Lawyers will ensure that you are represented by some of Queensland best personal injuries barristers who will work on a no win, no fee basis for you.

If you’re unsure whether you have a right for compensation or what your entitlements are, we can offer you a free initial consultation so you know where you stand.

Enter your details on our online enquiry form to organise your free initial consultation or contact us on 1300 LAWYER.

FAQ

I have been in an accident, what should I do?

If you have been in a car accident there are a number of things that you should try to do to ensure that your rights are protected.  These steps include:

  • Making a police report and obtaining the police report number, sometimes referred to as a QPO number or traffic incident report number.  The report should be made as soon as possible after the car accident occurs;
  • If you have been injured by an unidentifiable vehicle (a hit and run) or the motor vehicle that caused your injuries was not registered it is very important that you contact Kerin Lawyers immediately so that your compensation rights can still be protected.  There are very strict time limits put in place by the law when this situation arises.  If the time limits are missed, then you will have no rights to pursue compensation as a result of your car accident.   If this situation happens to you it is also vitally important that you record any details of the vehicle that might allow the police or other authorities to identify the vehicle at a later date.
  • If you are not taken to hospital, attend upon your general practitioner to report your injuries.  It would be advantageous to contact Kerin Lawyers before you do this so that we can provide you with a CTP medical certificate for your doctor to complete;

Do I have a claim?

It is important that you are aware that it’s not just the drivers in motor accident cases that can make claims.  Even if you are a passenger in a vehicle that causes an accident you can still make a claim.  Passengers, pedestrians, cyclists, motor cyclists are all people who have rights and access to compensation when involved in a car accident.

If the accident was not caused by you, you may be entitled to claim for compensation through a Compulsory Third Party (CTP) insurance claim.

Keep in mind that your rights aren’t the same in every Australian state or territory. Therefore if you have an accident in a different state or territory to where your car is registered, where you make your claim is an important consideration.

In order for us to properly assess your claim, please contact us today. 

What if I have an accident in a different state or territory to where my car is registered?

There are different compensation laws in every Australian state and territory therefore if this happens, it’s important you seek legal advice to ensure you take the best course of action for compensation.

What if I was a passenger, pedestrian or cyclist?

You can claim compensation if you are a passenger travelling in any vehicle involved in the accident. If you were a pedestrian or cyclist hit by a vehicle you are still entitled to make a claim for compensation. For cyclists, this can include running into an opening door of a stationary vehicle.

I don’t have the details of the driver who caused the accident?

In the situation where the driver at fault cannot be identified a claim can still be made against a state insurer, this is called a Nominal Defendant claim. 

Strict time limits apply to Nominal Defendant claims and we urge you to contact our office immediately if you believe this applies to you.

If you do not report the claim to the Nominal Defendant within nine (9) months you could be prevented from making a claim for compensation.

Contact us today to ensure that you do not lose your right to claim compensation.

What if the at fault car was unregistered or unidentified?

If the at fault car is unregistered (doesn’t have CTP insurance), you can be compensated through the Nominal Defendant government insurance scheme. This is the body that looks after claims when there is no CTP insurer to claim against.

There is a Nominal Defendant body in each Australian State and Territory which takes care of unidentified or uninsured motor vehicle accident claims.

For unidentified vehicles that flee the scene, you need to be able to prove that you’ve made reasonable efforts to identify the vehicle at fault. The best way to do this is to contact the Police as soon as possible to report the incident. 

What Time Limits apply?

There are strict time limits that apply to motor vehicle accident claims. 

If you do not commence a claim in the Court within three (3) years you could be prevented from making a claim for compensation.

While this may seem like a long time, there are numerous pre-proceeding procedures that must be complied with prior to commencing a claim in Court.

Contact us today to ensure that you do not lose your right to claim compensation. 

Who pays the compensation in my legal action?

The Compulsory Third Party (CTP) Insurer of the driver at fault is liable to compensate you as per their CTP insurance policy. For example, Suncorp, Allianz, RACQ or NRMA.

CTP Claims are not made against individual persons, instead their insurance company deals with the claim.

Do all cases go to court?

Statistically, less than 5% of car accident claims progress to a trial.  If a case does go to court, it is usually due to a dispute about who caused the accident. If a trial is necessary in your case, we will ensure you are represented by one of the best personal injury barristers in Queensland who will work on a no win, no fee basis for you.

What can I claim for?

If you have sustained an injury in a motor vehicle accident you can claim compensation. Depending on your circumstances you may be able to claim for the following:

  • Pain and Suffering & Loss of enjoyment of life
  • Past loss of earnings
  • Future economic loss that you may incur due to your injuries
  • Past and future rehabilitation, Hospital and medical expenses
  • In some cases you can also claim for the cost of care (either paid or unpaid).

How much compensation could I be entitled to?

The amount of compensation you receive will depend on the nature of your claim however the following factors are taken into consideration:

  • Pain and suffering
  • Loss of income
  • Your past, present and future medical expenses
  • Loss of superannuation entitlements
  • Loss of financial support from someone who you or your family were dependant on

According to data from The Motor Accident Insurance Commission and QComp the average compensation payment for motor accident claims in QLD in 2015 ranged from $69, 365 for minor injuries to $519,058 for severe injuries. 

What do I do about the damage to my vehicle?

The damage to your vehicle can be claimed through your insurer, the insurer of the driver at fault or, as a last resort, the driver at fault individually.

Where possible Kerin Lawyers will quickly and efficiently process your property damage claim.

Contact us on 1300 LAWYER or complete our online enquiry form for assistance with your property damage claim.

I can’t work, do I have a superannuation claim?

If you have a superannuation policy and have had to stop work due to a serious injury and/or disability, you may be able to access your superannuation (depending on the terms of the policy).

Kerin Lawyers can assist you to make a claim on your superannuation benefit.

How can Kerin Lawyers help me start my claim?

If you have been involved in a traffic collision and suffered an injury, it’s important you get in touch with a motor vehicle accident lawyer as soon as possible to help you commence your claim.

Our services act on a no win no fee basis therefore you only have to pay for legal costs if you win and recover compensation for your injuries

We are independent lawyers acting for everyday Queenslanders

Apply for a Free Consultation

Or Call Us On:

📞1300 Lawyer
(1300 529 937)

Enquire Online