Are you eligible to make a car accident claim in QLD?
There isn’t a straight yes or no response to who is eligible to make a car accident claim in Queensland as it really comes down to the circumstances. However, you may be eligible to make a claim if you:
- Were the driver of a car, motorbike or other road vehicle that was hit by another vehicle.
- Were the passenger in a car or a pillion rider on a motorbike, regardless if the driver was at fault.
- Were a pedestrian hit by a vehicle.
- Have been involved in a hit and run, but don’t have the details of the vehicle at fault.
- Were in an accident but don’t have the details of the other vehicle.
- Have been injured riding a mountain bike, road bike, e-bike or e-scooter.
You may also be eligible to make a workers compensation claim in Queensland if you have been injured in a car accident on the way to work or travelling as a result of your job. Booking a free, no-obligation chat with our car accident lawyers on the Gold Coast will help confirm if you’re eligible and for what potential compensation.
How a Motor Accident Lawyer on the Gold Coast Can Help You
While you can make a car accident claim on your own, having a motor accident lawyer on the Gold Coast can make the process a lot easier. With our knowledge of how CTP and other claim systems work, we can look after all the paperwork and communications for you, arrange the correct medical evidence, if required and streamline the process. We often help people explore options they didn’t know were available and review compensation offers to make sure they are fair for the situation. And, with no win, no fee, you can get all of this with no upfront costs, only paying for your legal fees if your claim is successful*.
Get started with a free consultation.
1
Book a FREE Initial Consultation
Your first meeting with our Gold Coast motor vehicle lawyers is complementary so you can explore your options, find out if you’re eligible and the next steps.
2
Lodge Your Claim
We’ll help you lodge your claim, making sure all your paperwork is accurate, arranging medical appointments, if needed, and liaising with the insurers so you don’t have to.
3
Receive an Outcome
Most car accident claims are negotiated outside of court. However, if settlement can’t be reached, we can guide you on the next stage of seeking fair compensation.
Types of Injuries a Lawyer For Auto Accidents Can Help Seek Compensation For
The type and severity of the injury after a car accident plays a big part in how compensation is calculated. Even if the injury is delayed, you may still be able to make a claim down the track if it can be connected to the accident. These are some of the most common head, back, neck, chest and other injuries we help Queenslanders seek compensation for after a crash.
Head & Back Injuries
Head and back injuries are amongst some of the most serious car accident injuries, often with lasting impacts. They can range from mild to permanent disablement, including:
- Head strikes, such as from impact against a windshield, dashboard, steering wheel or window.
- Traumatic brain injuries, such as mild concussions, coma and other cognitive conditions.
- Skull fractures.
- Hearing loss.
- Vision problems.
- General back injury and pain.
- Spinal cord damage.
- Herniated discs.
- Nerve damage, which may also lead to paralysis.
Neck, Chest & Whiplash Injuries
Whiplash is considered one of the most common car accident injuries, which can occur when there is a sudden back and forth movement of the head and neck, such as from a sudden impact in a vehicle. As well as whiplash, there are a range of other neck and chest injuries that can commonly occur after a vehicle collision, including:
- Whiplash.
- Serious neck muscle and ligament damage.
- General neck pain and/or swelling.
- Temporary vocal cord paralysis.
- Blunt force trauma to the chest area.
- Broken ribs.
- Collapsed lungs.
- Cardiac arrest.
- Internal bleeding.
- Damage to internal organs.
Other Injuries
Any area of the body, including the arms, legs, hands and feet, can be injured during a car accident. These are more common in pedestrian and motorbike accidents, which can result in multiple more serious injuries, including:
- Ligament damage.
- Broken bones.
- Severed limbs.
- Emotional distress.
How No Win, No Fee For Car Lawyer For An Accident Works
At Main Lawyers, we offer no win, no fee car accident claim support, meaning you do not pay for upfront legal costs or your medical assessments or reports until settlement, and only if your claim is successful.
If your claim is successful, your fees and related expenses accrued are subtracted from your compensation amount. In the event your claim is not successful, there may be some payable costs, such as any barrister fees, however, these are discussed with you prior to commencing any work so you have full transparency.
What to Expect Working With Accident Lawyers For Car Compensation
In Queensland, motor vehicle accident claims are regulated by the Motor Accident Insurance Commission and made through the at-fault party’s Compulsory Third Party (CTP) insurer. The process for other types of claims may look a little different to the below, but can be explained in a free consultation with our Gold Coast car accident lawyers.
Step 1: Start with a free consultation.
Before lodging a claim, it’s a good idea to speak with a motor vehicle accident lawyer who can help you determine if you’re eligible and for what type of claim. They can help you start the claims process and guide you through reaching a settlement.
Step 3: Evidence is gathered.
Along with your police report and initial doctor’s certificate, the insurer may request for you to attend independent medico-legal examinations to gain an understanding of the injury, its extent and how it impacts your life and work.
Step 5: The claim is settled or proceeds to court.
After the claim settles, you’ll receive your compensation, minus your legal fees and medical expenses accrued during the claim’s process. If you do not settle or your claim is rejected, court may be an option to further pursue fair compensation, although it’s rare to reach this stage.
Step 2: The claim is lodged.
Who is at fault, the circumstances of the accident and if the at-fault party can be identified will change who a motor accident claim is lodged through. Our lawyers can take care of this part, making sure all the relevant information is submitted and is accurate.
Step 4: An offer is made.
Once the insurer has assessed the claim, your claim will either be rejected or an offer will be made based on the injury, its extent, and its impact on your life and work. We will assess the offer, and if it’s fair, can move onto settlement, or if not, explore your options.
Our Car Accident Lawyers in QLD Can Come to You If You Can’t Come to Us
With Queensland offices in Brisbane, Southport and Coolangatta, we have options to make it convenient for you to get help with your car accident claim in Queensland. If your injuries make it difficult for you to travel, our lawyers can also come to you. Contact us today to arrange your free initial consultation.
Frequently Asked Questions Answered By Our Gold Coast Car Accident Lawyers
Can I make a car accident claim in QLD even if I was at fault?
You cannot make a CTP personal injury claim in Queensland if you were 100% at fault. However, you may be able to access the National Injury Insurance Scheme Queensland (NIISQ) for help with treatment and care costs if you were injured. In Queensland, you must be at no fault to make a CTP personal injury claim, or partially at fault, although this may impact your total compensation amount.
How long after a car accident can I lodge a claim in Queensland?
According to the Motor Accident Insurance Commission in Queensland, you must give notice:
- Within nine months after the motor vehicle crash, or if symptoms are not immediately apparent, within the first appearance of an injury related to the accident.
OR
- Within three months to the Nominal Defendant if the other party motor vehicle cannot be notified.
If you have a legal professional managing your motor accident claim, the claim must be lodged within one month of the first consultation with your chosen lawyer.
What is the maximum settlement for a car accident?
As every motor vehicle accident compensation claim is assessed case-by-case, there is no maximum settlement in Queensland. Your claim may include costs to cover:
- Medical treatment.
- Rehabilitation.
- Loss of income (past and estimated future).
- Cost of care and/or support services.
- General damages (pain and suffering).
An eligible dependent of someone who has lost their life in a car accident may also be able to claim reasonable funeral costs or financial loss that’s arisen as a result of an income provider. Use our free compensation calculator to estimate your potential return or contact us for a free quote for a personalised estimate.
How long does a car accident compensation payout take?
How long a car accident claim takes to settle and for the claimant to receive compensation depends on the complexity of the situation. Some simple cases take 3 to 6 months to settle, while others may take over a year or year-and-a-half to reach an outcome.
Disclaimer: The information on this page is designed for general informational purposes only and is current at the time of publication. It does not constitute legal advice and should not be used as such. It is recommended to seek personalised, professional advice for your specific situation. You can discuss your matter for free with an initial consultation by calling Main Lawyers on 1800 314 761 or by booking online.
