Car and Motor Vehicle Accident Lawyers Brisbane & QLD
Carter Capner Law can handle claims for a wide range of motor vehicle accidents. Our car accident lawyers Brisbane and QLD act for passengers, drivers, cyclists and pedestrians, so you can get the compensation you deserve.
What should I do After a car or Vehicle Accident?
Car accidents, no matter how minor, can be traumatic experiences. Immediately following an accident, there a number of things you should do:
- Ensure the safety of yourself and any people in the vicinity
- Contact emergency services if necessary
- Exchange contact details with other parties involved in the incident and any witnesses
- Write down your own notes on what happened.
If the accident is attended by police, be sure to keep a record of the report number. Even if the police gather evidence, it is still advisable to capture your own images of the road, surrounding environment, and signage that might be relevant when proving who was at fault.
It is also essential you get assessed by a medical professional following a car accident. Even if you feel fine, adrenaline can dull pain, and it’s possible for injuries like whiplash to present in the days or weeks following an accident. Keep records of all appointments with medical practitioners, as these records may be of use during the claims process.
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When should I see a car accident lawyer?
If you’re considering making a claim, it’s advisable to seek help from qualified motor vehicle accident lawyers. Taking this step as soon as possible can simplify the process of claiming car accident compensation. Once you speak to a traffic accident lawyer, a 1-month time limit to send a claim to the relevant insurer comes into effect.
When speaking to a car accident solicitor, you’ll likely be asked some standard questions about the cause of your accident, such as:
- Who might potentially be at fault
- The extent of your injury
- Your employment status
- Your medical history.
Your Brisbane car accident lawyer can also answer any questions you have about the claims process, and explain how compensation is calculated. Some cases may be eligible for a no win, no fee arrangement (your lawyer will advise you on your eligibility for this type of arrangement).
Types of Motor Accident Compensation
Cycling Accident Compensation
As cycling becomes an increasingly popular mode of transport in Australia, the rate of accidents involving cyclists is increasing. If you’ve sustained injuries in a cycling accident, Carter Capner Law can counsel you on your legal options. See how our cycling accident lawyers can help you.
Motorbike Accident Compensation
Motorcycle riders and passengers are at high risk of sustaining serious injuries in road accidents. In cases where it’s possible to prove another person caused the accident in which you were injured, you may qualify for damages. See how our motorbike accident lawyers can help you today.
Pedestrian Accident Claims
Car accident claims don’t just apply to motorists and passengers – pedestrians are also entitled to claim damages if they have been involved in an accident caused by the negligent actions of another road user.
Train Accident Claims
It’s possible to seek financial reparation for some types of train accidents. As accidents involving trains are less common than standard car crashes and may involve special conditions, it’s advisable to speak with a lawyer if you intend to pursue damages.
Coach & Bus Accident Compensation
Identifying the party responsible for paying compensation in coach and bus accidents isn’t always a straightforward process. Depending on the circumstances of the accident, the driver, bus company or another road user may be liable. Carter Capner Law can advise you on the processes involved with pursuing damages for a coach of bus accident.
Heavy Vehicle & Truck Accident Claims
Heavy vehicle accidents can result in serious injuries and extensive property damage. If you’ve been involved in an accident with a heavy vehicle, Carter Capner can recommend whether you meet the requirements to claim compensation.
Strict time limits apply to all car accident claims. A Notice of Accident Claim (NOAC) must be sent to the insurer of the at-fault party within one month of the first consultation with your lawyer (which typically includes the date of your first telephone discussion) and no later than:
- In the case of an unidentified vehicle being at fault – within 3 months of the date of accident;
- For any other identified vehicles, within 9 months of the date of accident.
If you fail to lodge your claim on time, you may still qualify for compensation. There is provision for extending these time limits if you’re able to provide a reasonable excuse when submitting your NOAC which our car accident lawyers can help with.
Your car accident lawyer should collect all documentation relating to your income and medical history. This will help them formulate the components of your damages. They should also arrange specialist medical assessments of your injuries with leading doctors who have experience in preparing forensic medical reports. Because compensation relates to permanent impairment, medical reports are usually arranged at least 9 months post-injury.
A mandatory conciliation process applies before any matter can go to court. This will occur after your claim has been thoroughly investigated, your injuries are fully stabilised and all medicals – including one arranged by the at-fault party’s insurer – are complete.
As well as the 3-month and 9-month time limits, most claims have an absolute cut-off of 3 years from the date of the accident.
Different time limits may apply to children and persons under a legal incapacity (e.g. unsound mind).
Contact our car accident lawyers Brisbane and QLD wide right now and we can find out for you.
General damages compensate you for the pain and suffering you have endured and will endure in the future as a result of your injuries, as well as any permanent disability you’re likely to suffer.
General damages awarded in Queensland can be quite trivial in comparison to expectations. The most serious injuries such as quadriplegia are awarded around $150,000 and some reasonably serious back injuries $10,000.
- Expenses paid or incurred by you, including medical and pharmaceutical.
- Expenses paid by others. Some of these amounts are required to be collected from the at-fault party and paid back to Medicare, Comcare, WorkCover, DVA, public hospitals and private health funds.
Past Income Loss
You are entitled to claim for any income you have lost as a result of the incident. If you weren’t currently working and the injuries prevented you from looking for work or caused you to turn down job opportunities, you may also be able to claim for those situations.
Future Income Loss
You are entitled to be compensated for any future economic loss you may incur as a consequence of your injuries. If your injuries have resulted in some permanent disability – even to a small extent – you may be at risk of loss of wages in the future.
People who continue to work full-time can still recover future income loss on the basis they are at risk on the labour market when compared to able-bodied job applicants.
Domestic Assistance (paid and unpaid)
Domestic assistance you receive from friends, family members or care professionals following an accident is compensable in many cases – even if you don’t pay for it. It’s important to keep detailed records of any assistance you get from other people if you intend to claim for domestic assistance.
All vehicles registered in Queensland carry a policy of insurance to cover personal injury. This is called “third party insurance” or “CTP insurance”. The companies in Queensland that insure vehicles against such claims include Allianz, RACQ, QBE and Suncorp.
Someone who is injured in a motor vehicle accident as a result of negligence may be able to claim damages (to the extent of their injury) from the third party insurer of the person at fault. Third party insurance doesn’t cover property damage to a vehicle (i.e. smash repairs). It only provides coverage for personal injury.
Motor vehicles are covered by policies of CTP insurance in all Australian states and territories. If an accident occurs in another state, the laws and procedures of that state’s motor accident compensation scheme will usually apply.
If the vehicle at fault was unregistered, CTP cover does not apply unless the accident happened on a road or in a public place. Public places include locations like some beaches on which vehicles can be driven.
Sometimes “fault” (or negligence) is attributed to more than one person. For example, it may be distributed between two drivers or a driver and a pedestrian. If fault is attributed in some way to the person injured, this is referred to as “contributory negligence”. These cases may still be covered by CTP insurance.
Other Types of Vehicles
There are certain types of vehicles in Queensland that are not covered by CTP insurance unless the accident happens on a road. These vehicles include backhoes, bulldozers, front-end loaders, forklifts, cranes, agricultural equipment and amphibious vehicles. For injuries caused by trailers, special rules apply. In some cases, the CTP insurer is the towing vehicle.
Accidents with work vehicles may require assistance from our workers compensation lawyers. Call us and we help you today.
Compensation payouts from motor and car accidents vary on a number of factors. For more information view our accident and injury compensation guide.
Time does matter when it comes to seeking compensation you may be entitled to. Contact us today for more information and how we can help you with personal injury claims.