Should I Get a Lawyer for a Car Accident That Was Not my Fault?

If you have been involved in a car accident which has resulted in life-changing injuries and it was not your fault, you should be entitled to compensation from the at-fault driver’s insurer to cover the financial loss and suffering caused. The main advantage of using a car accident lawyer in Brisbane is that you are more likely to be awarded the compensation you deserve. 

If you file a claim with the at-fault driver’s insurer believing that you have sufficient evidence to prove who caused the accident you may get a shock when your liability for your personal injury claim has been denied (or, it is alleged you have contributed to your own injuries) or the insurer only offers you a token amount in the hope that you will not pursue your full personal injury entitlement.

What a car accident lawyer in Brisbane will do for you

Motor accident lawyers in Brisbane are highly experienced in recovering substantial compensation for their clients when they have been seriously injured in a car accident that was not their fault. They use a well worn and successful strategy to avoid the claim being denied. There are many serious injuries that can create life-changing and life-long effects on a victim’s life which means winning a successful personal injury settlement is vital to ensure the victim’s needs can be catered for throughout their remaining life. The lawyer will ensure all the evidence is presented to the at-fault driver’s insurer when the personal injury claim is filed. This will include at least the following;

  • the police report of the accident;
  • photographs taken at the accident scene;
  • the treating doctor’s report including diagnosis and future outcomes;
  • treatment required in the future;
  • surveillance camera footage, if available;
  • a calculation for pain and suffering;
  • an invoice for cost of repairs to the vehicle.

Time limits for personal injury claims in Brisbane

If the accident took place in Queensland, a notification of the claim needs to be made within nine (9) months of the motor vehicle accident or one (1) month of instructing Lawyer’s. This time limit is not necessarily fatal to a claim, but you will need to provide a reasonable excuse for delay outside of that time limit.

It is integral that any action needs to be filed in a Court within three (3) years of the accident date otherwise it will likely too late to file the claim. There are exceptions to this three (3) year time limit for commencing Court proceedings, but this only applies in special circumstances. If your claim occurred outside of three (3) years ago, please urgently contact us to discuss whether one of these special circumstances exist or not.

Who does the lawyer negotiate with for a personal injury claim?

Every registered vehicle in the state is required by Queensland Transport to carry compulsory third party insurance (CTP), which is normally included as part of the Queensland annual car registration fee. The lawyer needs to negotiate with the at-fault driver’s CTP insurer, which is the body that pays all the compensation. If there were any passengers travelling in the victim’s car at the time the at-fault driver caused the accident, their injuries are also covered under the at-fault driver’s CTP insurance.

Winning a successful personal injury settlement is not an easy task but the burden is eased when a car accident lawyer in Brisbane works tirelessly on your behalf to win your personal injury entitlements. Most motor vehicle accident lawyers in Brisbane work on a no win-no fee basis. This means that no upfront legal fees need to be paid until a successful settlement has been reached.

For more information how we can help, contact us today.

Recent Articles

How self-driving cars will affect personal injury laws

While many technological developments are exciting, the law often struggles to keep up with their use. One such development is self-driving cars. We may not have driverless cars on Australian roads yet – but advancement is happening all the time. This brings up...

Time limits for personal injury claims in Queensland

If you’ve been injured as a result of someone’s negligence, you can make a compensation claim under personal injury law. However, you should act promptly as there are time limits (or statute of limitations) on personal injury claims. And different claim types have...

Compensation for lost earnings after a permanent disability

If you suffer a personal injury, such as a car accident or an accident at work, you may be eligible to claim compensation to cover lost earnings while you recover. But if you suffer a more serious physical or mental illness or injury, you may never fully recover or...

Factors that affect the value of your car accident claim

In Queensland, every car registration comes with CTP insurance. This protects you if you’re injured in a motor vehicle accident caused by someone else – whether you’re a driver, passenger, scooter rider or even pedestrian. If your relative or dependant has died in...

Why Settle A Personal Injury Claim Rather Than Go To Court?

In Australia, most personal injury claimed are settled without the need for a court. The legislation even encourages this, by requiring parties to attend a ‘compulsory conference’ to try to agree on a settlement before starting court proceedings. Is this the best...

Do You Get Sick & Annual Leave On Workers Compensation

In Australia, all workers except casuals accrue 4 weeks of paid annual leave each year, as well as other benefits like sick leave. This leave accumulates based on your ordinary hours of work. But what happens to your leave if you suffer a work-related injury and...

Top Causes Of Medical Negligence

All medical professionals must treat every patient with skill and care. In Australia, we’re lucky to have doctors, dentists, nurses and other health professionals who bring a wealth of skill and care to their job. But sometimes medical treatment doesn’t meet the...

No-fault Accident Compensation Schemes

If you suffer a catastrophic injury in Queensland, your life will change forever. So it’s good to know there is a no-fault accident compensation scheme that can provide funding for the services and support you need – perhaps even for the rest of your life. Find out...

Am I Covered If I’m Injured on a footpath in Queensland

Every day, people in Queensland suffer an injury while they’re using public footpaths. Many injuries are simple cuts and bruises, but others are more serious – broken bones, or even brain or spinal injuries. It’s important to know whether you can make a...

SETTLEMENT CALCULATOR

SERVICES

h

ARTICLES

CONTACT