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Motor Vehicle Accidents QLD

What is the claims process?

Here is a general overview of the Motor Vehicle claims process in Queensland. It’s okay if it looks a little scary or confusing, Shine Lawyers will assist you each step of the way!

1. Lodgement This involves submitting a Notice of Accident Claim Form (NOAC) with the Insurer. The form must contain certain content, including an accident diagram and Police Accident Report Reference Number, and include a Medical Certificate in a prescribed format. There are time limits for claim lodgement. Shine Lawyers will draft the NOAC for you and arrange for your signature and return.

2. Compliance This involves the Insurer advising whether you have complied with your legal obligations regarding the NOAC content and format. Any non-compliance issues will need to be addressed. We will assist in obtaining compliance and addressing any non-compliance issues. Our aim is always first time compliance!

3. Disclosure This involves Shine Lawyers (on your behalf) and the Insurer exchanging any documents relevant to the claim. This could include accident reports, receipts or material regarding your injury and treatment. If requested, both parties are also obliged to provide information about the incident and injuries. We will help you comply with these steps. During this phase we may send you to independent medical experts to assess your permanent impairment.

4. Liability Response The Insurer has 6 months from compliance to investigate the accident and tell us whether they admit, partially admit or deny liability (fault). We will ask for an early response so your claim can progress.

5. Negotiation At the appropriate time, the parties will commence negotiations to try to resolve your claim. This could be at any stage of the claims process, however we recommend awaiting until your injuries have stabilised and we have all the appropriate evidence to provide advice on the value of your claim. We will prepare a Claim Valuation and wait for your decisions regarding settlement. The most common way to enter into negotiations for your type of claim is to attend a Compulsory Conference.

6. Collection Once your claim settles, there are a number of steps we need to follow before money is received. This includes formally agreeing to settlement terms, advising government departments and other organisations about the settlement, calculating settlement distribution, and receiving and distributing funds.

What is compliance?

Compliance is where the Insurer confirms that your Notice of Accident Claim Form (NOAC) is fully completed and complies with the appropriate laws. We will assist and advise you during this step in the claim process.

What you need to know about Compliance:

The Insurer has 14 days from claim lodgement to advise whether the NOAC is compliant

If they confirm compliance (or are prepared to waive any non-compliance), they have 6 months to investigate the accident and provide their liability response

If they advise the NOAC is non-compliant, they are required to tell us why and provide a reasonable period (at least 1 month) for us to respond. We will work with you to address any compliance issues

If they fail to respond to your claim, we are able to assume compliance

Of course, we aim for first-time compliance! We will work with you to ensure your NOAC is comprehensively completed at lodgement time.

What does Deeming mean?

Once we have lodged your Notice of Accident Claim Form (NOAC), the Insurer has a certain time period to respond to confirm that we have met the requirements of the legislation in providing sufficient detail and materials. If the Insurer does not respond within the required timeframe, we can write to the Insurer and “deem” the notice compliant. We can then proceed with the next steps of the claim as though the Insurer has issued their compliance response.

What is liability response?

The Insurer has 6 months from compliance to investigate the accident and tell us whether they admit, partially admit or deny liability (fault). Shine Lawyers will assist and advise you during this process, including asking for an early liability response, so your claim can progress.

The Insurer can claim Contributory Negligence if they believe that you are partly responsible for the accident and/or injuries. Common examples of Contributory Negligence include failure to wear a seatbelt or helmet, failing to keep a proper lookout, or failure to take appropriate evasive action. If the Insurer alleges Contributory Negligence, they are required to express what percentage of responsibility they believe you should wear. They will argue that your Claim Valuation should be reduced to reflect this percentage.

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