Motor Vehicle & Car Accident Injury Lawyers Toowoomba

After a car accident, ensure everyone’s safety and seek medical attention. Document the accident by collecting witness statements, accident reports, and photographs of visible injuries or vehicle damage.

Contact a personal injury law firm for a free consultation to discuss your legal rights if you are considering making a claim. It’s important to provide relevant evidence, including medical records, to ensure you receive fair compensation for your lost wages and other costs.

Car accident injury claims in Queensland are made through CTP insurance policies that are included with vehicle registration fees. This type of insurance covers car and road accidents and is paid for through car registrations.

It is “compulsory” because it comes as standard with the payment of registration for many classes of vehicles rather than as optional car insurance, such as comprehensive policies, which individuals may choose to take out for their own coverage.

There are four (4) licensed CTP insurers in QLD:

• AAI Limited (trading as Suncorp Insurance)
• Allianz Australia Insurance Limited
• QBE Insurance (Australia) Limited
• RACQ Insurance Limited (RACQ left the CTP market in October 2023, but they are still honouring current policies or policies that were current at the time of the accident).

Once a CTP claim is lodged, one of the above CTP insurance companies will respond and can help with treatment and expenses for psychological and physical injuries, in addition to compensation.

A CTP claim (in most circumstances) can be initiated if you have been injured in any of the following:

• A car, truck, or other motor vehicle accident.
• Motorbike, bicycle, or e-scooter accident.
• As a pedestrian struck by a vehicle.
• As a passenger in a vehicle where the driver is at fault.

If the accident caused a fatal injury, dependents may have a right to bring a claim regarding funeral expenses and loss of dependency.

Even if the car accident or other motor vehicle accident that caused your injury was an unidentified or unregistered motor vehicle, you still have the right to make a CTP claim, although the time limits are much shorter for car accident claims of this type. A state insurer, known as the Nominal Defendant, will respond to the claim.

You can lodge a claim yourself by completing a notice of accident claim form and using the MAIC online portal, but it is always best to discuss your claim with an experienced lawyer and not take any chances with your CTP claim. Having the experience and guidance of a personal injury lawyer before taking any steps will ensure that you understand the process, your rights and entitlements.

Please be aware that any small error or mistake could impact your rights and claim significantly. Our motor vehicle accident lawyers will work with you to achieve the best possible outcome. You’ll have the support of highly experienced personal injury lawyers with insurance backgrounds, who can help you make informed decisions about what is in your best interests.

Below are the basic steps for motor accident claims made through CTP insurance in Queensland; these are required as part of the pre-court process.

1. Lodge a Notice of Accident Claim Form on the at-fault driver CTP insurer.
2. The Insurer will then respond to the Notice of Accident Claim Form with a Compliance Response.
3. The injured person seeking compensation will undergo rehabilitation and treatment for any car accident injuries they are dealing with. Our team at AMK Lawyers has a vast network of doctors who we can recommend to assist with rehabilitation and recovery if required.
4. The Insurer will then provide a Liability Response.
5. Involved parties will gather information and documents from third parties, such as medical records, photos, and other supportive information about the nature and extent of the injuries.
6. The parties will arrange independent medical examinations. AMK Lawyers have highly experienced and respected medico-legal experts who can assist with car accident compensation claims.
7. Involved parties hold a Compulsory Conference with the assistance of a senior Barrister who can provide a second opinion regarding compensation.
8. If the car accident claim is not settled at a Compulsory Conference, the injured person or a motor vehicle accident lawyer representing them will begin Court proceedings.

The process can seem quite overwhelming, which is why having an experienced car accident lawyer guide you through the steps makes it so much easier. Not all of these steps need to be taken for every motor vehicle accident compensation claim, and matters can be settled without the need to attend a settlement conference, thereby reducing costs such as legal fees.

In Queensland, you must lodge a motor vehicle compensation claim within 3 years from the accident date. For severe injury or permanent disability, the time limit may be extended in some cases.

It’s crucial to seek legal advice as soon as possible to avoid losing your compensation entitlements. Delaying the claim can result in losing access to maximum compensation amounts for medical expenses, rehabilitation costs, and lost income.

Payouts for motor vehicle accident claims are based on the nature of the accident, severity of your injuries, loss of income, rehabilitation costs and medical expenses. If the accident was due to someone else’s negligence, you may also be entitled to common law claims for pain, suffering, and psychological trauma.

A personal injury law firm can help calculate your claim after doing a free case review, ensuring you know your options if you wish to take legal action. They will assist you in understanding potential compensation pathways and provide legal advice based on tailored legal strategies specific to your case.

If you are partially at fault, your compensation may be reduced proportionally based on your level of responsibility. In Queensland, you can still claim medical expenses, rehabilitation costs, and lost wages, but damages will be adjusted based on the degree of fault. Legal representation can help you navigate this complex process and ensure you have an opportunity to access fair compensation, even in cases of shared liability.

With a No Win, No Fee arrangement, you won’t pay any legal fees unless you win your claim. This eliminates upfront financial risk and ensures that your personal injury law firm is committed to getting the best possible outcome.

You’ll receive free initial advice and only pay for legal representation if your case is successful, making it easier to pursue compensation entitlements for your medical negligence or workplace injuries. If you’d like to discuss your matter further, please contact our dedicated team of car accident injury lawyers at our Toowoomba office.