If you have been injured in a car accident or motor vehicle accident due to the negligence of another person, AMK Lawyers can help you obtain the compensation and damages you are legally entitled to through a Compulsory Third Party (CTP) insurance claim. CTP insurance pays compensation to people who have suffered an injury in a motor vehicle accident where negligence can be established.
This includes if you have been injured in a car or motorbike accident, boat or bicycle accident, plane, jetski or truck accident or other motor vehicle accident.
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. In that case, there is a state insurer, the Nominal Defendant who will respond to the claim.
What to do if you are involved in a motor vehicle accident?
Step 1: Seek medical attention
Step 2: Call the police and notify them of your injuries (or get someone to do it on your behalf). Ensure to obtain a Queensland Police Report Number
Am I eligible to make an injury compensation claim for a motor vehicle accident and how can AMK Lawyers help?
You need to consider the following things. First, did you sustain an injury that resulted from the accident? Secondly, are you the driver of the vehicle who is not at fault? Answering “yes” to both these questions means you may pursue a CTP insurance claim.
You may be able to make an injury compensation claim if you are:
- A pedestrian or cyclist injured by a car (i.e. a cyclist hit by a vehicle or the open door of a vehicle or a pedestrian hit by a vehicle)
- A driver or passenger injured in a motor vehicle accident (single car accidents and multiple vehicle accidents)
- A passenger suffering whiplash as the result of a car accident, or
- A driver or passenger injured in a motor vehicle accident as a result of items on the road (e.g an oil spill) or items that have not been properly secured to another vehicle.
Who is obliged to pay for the claim?
Once a CTP claim is filed, it is not the driver of the motor vehicle being sued but rather, the insurer. All expenses brought about by the damages related to the accident are covered by the insurer under the outlined CTP, which includes the expenses for defending the case and the settlement amount which would eventually be agreed upon.
What compensation can I claim for a motor vehicle injury accident?
In each case, AMK Lawyers (based just outside Ipswich) will work with you to understand the circumstances surrounding your injury from the car accident and then advise you on your prospects for achieving a successful injury compensation claim. This injury compensation claim could be used to compensate you for pain and suffering, medical expenses, physical or emotional rehabilitation needs, other direct expenses, plus loss of earnings including overtime.
The amount of compensation you receive will depend on a combination of factors including the nature and extent of your injuries, your age, your loss of earnings and likely loss of earnings in the future, the amount of care you need or may need, your out of pocket expenses and any future expenses incurred from the motor vehicle injuries sustained in Brisbane and Queensland.
Are there time limits to make a car accident injury claim?
It is important you contact us as soon as possible after your accident so we can lodge the necessary claim forms with the insurance company. There are strict time limits associated with this particularly if you do not know the identity of the other vehicle. Also, make sure you speak to AMK Lawyers before signing any documentation from the other party or the other party’s insurance company, otherwise you may lose your right to claim damages.
Generally, you have only three years from the date of an accident within which to issue proceedings in Court. If you do not do so then you could lose your rights forever and be prevented from claiming (‘statute barred’).
You should also be aware that before you can issue proceedings in Court you must first comply with ‘pre-Court’ procedures pursuant to the Motor Accident Insurance Act (MAIA).
A ‘Notice of Accident Claim Form’ must be given to the CTP insurer of the vehicle(s) at fault. Generally this must be done within 9 months of the accident or within 1 month of retaining the services of a solicitor.
In circumstances involving an unregistered or unidentified motor vehicle the time limits are very strict and a notice must be given to the Nominal Defendant within three months.
The Nominal Defendant is a government body that takes the place of the CTP insurer in circumstances where the ‘at fault’ vehicle is either unregistered or unidentified.
If pre-court procedures have not been completed and the three year limitation period is drawing near an application must be brought within the limitation period before a Judge. The Judge may make orders allowing proceedings to be filed outside the three year period once pre-court procedures have been completed. However, such proceedings must usually be filed within 60 days of a compulsory conference.
Failure to lodge the Notice of Accident Claim form and follow other procedures within time can jeopardise a claim. There are also many other time limits that can jeopardise a motor vehicle accident claim if not complied with.
As can be seen time limits under the legislation are complex and can be fatal to a claim if not complied with. It is best not to delay. Protect your rights and contact us or fill in the enquiry form located here.
How long can the process take?
On average it takes 14 months for a motor vehicle accident claim to settle. The actual time taken for a negotiated settlement to be reached will depend on the facts and complexity. Claims that go to the courts will take longer and be subject to the schedule of the courts.
How much will it cost to make a motor vehicle accident compensation claim?
We are a No Win, No Fee injury compensation law firm, which means if we don’t win your case, you don’t pay.
If you would like more information please enquire online and we can call you back or make an appointment to visit you at your chosen location. Whilst we’re situated in Goodna, we service all of the Ipswich area and all over Queensland.
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