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Questions About Vehicle Accidents

What happens to the other driver when you decide to take legal action
What CTP benefits are you entitled to claim for a motor vehicle accident?
What types of motor vehicle accidents am I entitled to make a claim for?
What kind of road injuries does compensation cover?
How do I make a CTP claim?
Can I make a motor vehicle claim for unidentified and unregistered vehicles? 
What time limits apply in a motor vehicle claim?
Do I need legal advice from an independent motor vehicle lawyer?
Shine Lawyers offer a no win-no fee arrangement for motor vehicle claims

Making a Vehicle Accident Claim

Even if the motor vehicle accident that caused your road injury involves an unidentified or unregistered motor vehicle. Shine Lawyers have a specialised department in motor vehicle accident claims.

Our areas of motor vehicle specialisation include:

• motor vehicle accidents
• motorcycle accidents
• cycle injuries
• single car accidents
• pedestrian accidents
• truck and trailer accidents
• multiple car accident
• car accidents

A motor vehicle compensation lawyer will be able to provide legal support and advice on your road injury and which motor vehicle accident scheme applies to you, plus your eligibility for a motor vehicle accident claim and the benefits available.

Time limits apply so if you've been injured in a motor vehicle accident seek legal advice as soon as practical.

What happens to the other driver when you decide to take legal action

When you seek legal assistance to make a claim for financial loss and/or treatment regarding a car accident claim, in most cases it is the insurance company of the person or business that will compensate you as per their policy.

In the event of a car accident, the person who is at fault will have their car insurance company pay the compensation amount on their behalf.

Vehicle Accident Information

What CTP benefits are you entitled to claim for a motor vehicle accident?

If you suffer an injury as a result of a motor vehicle accident you may be entitled to a range of compensation benefits through a Compulsory Third Party (CTP) insurance claim. CTP insurance pays compensation to people who have suffered an injury or fatality in a motor vehicle accident where negligence can be established.

In Queensland, a CTP policy of insurance is included in the registration costs of a motor vehicle to compensate personal injury caused by, through or in connection with the motor vehicle. Therefore, the CTP insurer responds to the claim, which covers personal injury and related losses such as loss of earnings and medical expenses, but it does not compensate property damage to a motor vehicle or the driver at fault.

In addition, you may be able to claim damages for future costs such as;

• medical, rehabilitation, and hospital expenses
• loss of earnings
• pain and suffering
• loss of enjoyment of life
• home help and nursing provided by anyone

Even if the motor vehicle accident that caused your road injury involves an unidentified or unregistered motor vehicle there is a state insurer, the Nominal Defendant, who will respond to the claim.

What types of motor vehicle accidents am I entitled to make a claim for?

CTP insurance covers a number of accident types, including;

• motor vehicle accidents: where a driver or passenger is injured where the other vehicle is at the fault
• motorcycle accidents: a motorcyclist hit by a vehicle
• single car accidents: including accidents caused by a defect in a vehicle or another factor out of your control
• pedestrian accidents: a pedestrian is hit by a vehicle
• truck and trailer accidents
• multiple car accidents
• cycle accidents: a cyclist hit by a vehicle or the open door of a vehicle 

What kind of road injuries does compensation cover?

You can claim for pain and suffering, financial loss, and loss of enjoyment of life and scarring for all physical injuries, provided the injury is directly related to the motor vehicle accident.

This also includes;

• Accidents causing death (claims can be made by dependants or estates)
• pre-existing injuries that have been exacerbated by the accident
• injuries to unborn babies, and
• Psychological injury caused by the accident (including witnesses).

Your claim could include the cost of medical treatment, rehabilitation, loss of income and long term care.

How do I make a CTP claim?

• The law requires a motor vehicle accident in which a person has sustained an injury to be reported to the police who issue you with a Queensland Police (QP) number.
• Lodge the Notice of Accident Claim Form with the CTP insurer of the vehicle at fault; and
• Your injury will also have to be assessed by expert medical practitioners who can comment on the long term consequences of your injury (include the medical certificate with your claim). 

It is very important to engage a motor vehicle expert shortly after your accident. Early investigation and information gathering is critical to the success of your claim. For example motor vehicle lawyers may need to collect evidence from the crash site, interview witnesses, or organise your motor vehicle to be assessed. The quality of the evidence may affect the compensation amount. Your highest priority should be to maximise the extent of your physical and psychological recovery.

Can I make a motor vehicle claim for unidentified and unregistered vehicles? 

You are entitled to make a claim even if the at-fault motor vehicle in the accident is not able to be identified, or is unregistered and therefore uninsured, the claim form should be made against a government body called the Nominal Defendant who acts as CTP insurer. If however, the at fault motor vehicle is registered in another State or Territory, you may wish to contact the relevant authority:

What time limits apply in a motor vehicle claim?

Time limits apply for making a claim in motor vehicle accidents. If you believe you have suffered an injury as a result of motor vehicle accident, please seek legal advice as soon as practical.

It is possible for a claim to be brought outside the prescribed time limits. However, it is important that you obtain legal advice from a motor vehicle accident specialist to safeguard your interests in relation to the common law damages time limit.

Do I need legal advice from an independent motor vehicle lawyer?

It is important to seek independent advice from a motor vehicle specialist to ensure you get the full compensation you deserve. Sometimes dealing with insurance companies and state authorities in regards to motor vehicle claims can be stressful and complicated. Remember, it is not the insurer’s (handling your motor vehicle claim) responsibility to provide independent advice.

A claim for damages (also called a Common Law claim) is usually the only way that substantial compensation can be obtained for the full effects of your injury. If you have a matter going to either mediation or court we would strongly recommend you have legal representation to protect your interests.

Shine Lawyers offer a no win-no fee arrangement for motor vehicle claims

Shine Lawyers will only charge professional fees for motor vehicle accident claims if the outcome is successful. In other words, no win – no fee. This policy ensures that everyone has access to justice and legal representation despite financial circumstances. 

Many firms will not cover the cost of outlays and those that do often ask clients to take out loans with external companies for outlays which charge credit card rate interest. This is important for you to consider when choosing a lawyer. We cover the cost of the outlays for you throughout the course of your claim and only recover the bank interest we have incurred on your behalf. Which means you don’t have any nasty surprises at the end of your claim.

If you believe you have suffered an injury as a result of motor vehicle accident, please seek legal advice as soon as practical. The complexity of time limits in a motor vehicle accident makes it critical that you obtain advice about your situation immediately.

 
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