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.

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