fbpx

Car Accident Lawyers Brisbane

Carter Capner Law handles a wide range of injury claims resulting from motor vehicle crashes and other types of incidents. Our Car Accident Lawyers Brisbane represents passengers, drivers, bikers, and pedestrians in order to achieve the insurance payment or compensation they deserve.

Do you have a claim?

Check to discover whether you are eligible for compensation or insurance. Please contact our Car Accident Lawyers Brisbane if you have any questions.

Do you think you could have a case for a vehicle accident injury?

Make an enquiry

What do you do if you are involved in a vehicle accident and sustain injuries?

Car accidents, regardless of their severity, can be distressing and result in injuries for which compensation is available.

Our Car Accident Lawyers Brisbane ensure that driver and passenger injury compensation cases are handled by lawyers who are skilled at determining the cause of the accident and the resulting injuries.

Our Car Accident Lawyers Brisbane ensure that the claims they submit on behalf of car accident victims include compensation for lost wages, pain and suffering, loss of enjoyment of life, loss of future earning potential, paid and unpaid care, expenditures, and any other financial losses that may apply.

You have the right to retain the services of a legal team whose knowledge of car accident injuries and the obstacles that prevent you from recovering the injury compensation to which you are entitled gives them the confidence to take on your case without charging any upfront fees and charging only on a success basis.

In your first meeting our Car Accident Lawyers Brisbane will need to know:

  • When and who do you think was at fault?
  • When you were hurt, how bad was it?
  • Your job title or status
  • It’s important to know about your medical history.
  • Insurance or superannuation: Do you have any of these?

A member of our expert team of Car Accident Lawyers Brisbane is available to meet with you and answer any questions you may have about the claims process at our Brisbane Head Office – conveniently located near major courts and insurers, as well as medical and safety expert consultants – or at our Princess Alexandra Hospital or Browns Plains Medical Precinct satellite offices.

Call or email today to speak with an expert from Carter Capner Law’s Car Accident Lawyers Brisbane injury team.

Refer to the table below for applicable time restrictions of one month, three months, nine months, and three years.

Additionally, you may be eligible for TPD compensation under the insurance policy that covers your superannuation fund membership. Contact our Car Accident Lawyers Brisbane immediately to explore your case.

1

Make a claim on your insurance or compulsory third-party insurance (CTP).

Motor vehicles registered in Queensland are obliged to carry compulsory third party insurance (CTP). Your Car Accident Lawyers Brisbane will file a claim with your insurance or the motor vehicle insurer of the at-fault party.

2

Contact us to schedule a no-obligation introductory consultation.

Your Car Accident Lawyers Brisbane will gather further information about your condition during the initial session and then research insurance coverage. Additionally, our Car Accident Lawyers clarify our client and No Win No Fee policy.

3

Conducting investigations and gathering evidence

While you heal from your injuries, the Car Accident Lawyers Brisbane will thoroughly investigate all contributing elements to your accident in order to identify the cause.

Following that, we’ll consult with medical professionals to arrange for an examination and offer expert testimony.

Your Car Accident Lawyers Brisbane will use these reports to determine the appropriate amount of compensation that the insurance must pay for the injury’s effect on you and your family at work and at home.

4

Attendance at a meeting to discuss a potential settlement

Additionally, our Car Accident Lawyers Brisbane will prepare your damages to demand and schedule an out-of-court meeting to resolve your claim settlement.

5

Case resolved or judicial proceedings initiated

Over 97 percent of compensation cases are resolved outside of court, according to statistics.

Often, the claim is effectively handled during the informal settlement meeting, and you will receive the money you are entitled to.

In rare instances, if your claim is not settled at this level, Our Car Accident Lawyers Brisbane will initiate court actions to obtain the compensation to which you are legally entitled.

What sorts of accidents does CTP insurance cover?

All vehicles registered in Queensland are covered by an insurance coverage that covers compensation. This is referred to as “third-party insurance” or “CTP insurance.”

Allianz, RACQ, QBE, and Suncorp are among the Queensland insurance firms that cover vehicles against such claims.

Someone who is injured in a motor vehicle accident as a consequence of carelessness may be eligible to seek compensation (to the extent of their injuries) from the person at fault’s third-party insurance.

Property damage to a vehicle is not covered by third-party insurance (i.e. smash repairs). It solely protects against personal harm.

CTP insurance coverage cover motor vehicles in all Australian states and territory. When an accident happens in another state, the laws and procedures of that state’s vehicle accident compensation plan are normally followed.

CTP coverage does not apply if the car at fault was not registered, unless the collision occurred on a road or in a public area. Public spaces include sites where cars can be driven, such as certain beaches.

“Fault” (or ignorance) is sometimes assigned to more than one individual. It might, for example, be shared by two drivers or a driver and a pedestrian.

The term “contributory negligence” refers to situations in which the harmed person bears some of the blame. CTP insurance may still cover these incidents.

Other Types of Vehicles

Certain types of cars are not covered by CTP insurance in Queensland unless the collision occurs on a road.

Backhoes, bulldozers, front-end loaders, forklifts, cranes, agricultural equipment, and amphibious vehicles are all examples of these vehicles.

Special regulations apply to injuries caused by trailers. In some instances, the towing vehicle’s insurer is the CTP insurer.

Accidents involving company cars may necessitate the aid of our workers compensation lawyers. Contact our Car Accident Lawyers Brisbane immediately and our Car Accident Lawyers Brisbane can assist you.

How much compensation will I receive if I file a claim for a motor vehicle accident?

It is entirely dependent on the percentage of blame assigned to the at-fault motorist, the severity of your injuries, and the quality of your evidence.

Someone whose injuries has had a substantial impact on their quality of life (work, psychological, or physical) is entitled to a higher level of compensation than someone whose disability has had a minimal impact on their lives.

General Damages

General damages were meant to compensate you for the pain and suffering you have undergone and may endure in the future as a consequence of your injuries, as well as any permanent incapacity you are anticipated to incur as a result of your injuries.

In Queensland, general damages are purposely modest and might be fairly small in compared to those in other States. Significant injuries, such as quadriplegia, have a maximum payment of roughly $150,000, whereas other less serious back injuries carry a maximum award of just $10,000.

Special Damages

These include:

  • Expenses incurred or paid by you, such as medical and pharmaceutical costs.
  • Others’ expenses. Certain payments must be recovered from the negligent party and repaid to Medicare, Comcare, WorkCover, DVA, public hospitals, and private health funds.

Past Income Loss

You have the right to make a claim for any lost income as a result of the occurrence. If you were not presently employed and your injuries prohibited you from seeking employment or forced you to decline job opportunities, you may also be eligible to make a claim for those circumstances.

Future Income Loss

You are entitled to compensation for any future economic loss caused by your injuries.

If your injuries have resulted in some form of permanent handicap – even a minor one – you may face future pay loss.
Individuals who continue to work full-time may nonetheless recover future income loss on the grounds that they are at a greater risk of unemployment than able-bodied job seekers.

Domestic Assistance (paid and unpaid)

Domestic assistance provided by friends, family members, or care professionals is often compensable — even if you do not pay for it. If you plan to claim domestic help, it is critical to keep careful records of any aid you get from others.

To learn more about the amount of compensation you may get, call our Car Accident Lawyers Brisbane and our Car Accident Lawyers Brisbane will assist you immediately.

Which kind of evidence am I required to retain and collect?

To help your lawyer with the investigation, you should attempt to perform the following:

  • Make a record of all you remember about the accident.
  • Keep a record of the names and addresses of witnesses.
  • Take pictures and videos of the area where you were hurt. “A picture is worth a thousand words.” Sketches can also be useful.
  • Take pictures and videos of any product, equipment, or anything that caused you harm.
  • Photograph your injuries.
  • Keep any faulty goods that caused a harm.
  • Keep track of your absences from work as a result of the injury.
  • Make a list of all treatment and follow-up appointments with physicians, physiotherapists, chiropractors, and so on.
  • Keep all invoices and receipts for medical, pharmacy, and other costs.
  • Keep track of the help you received from friends and relatives.
  • Gather contract documentation.
  • Gather documentation demonstrating your loss of wages and earning ability, such as wage slips, group certificates, income tax returns (for the six years preceding the injury and each year thereafter), references, and resumes.

Contact our Car Accident Lawyers Brisbane if you’re unclear what evidence you’ll need.

Is it worthwhile for me to file a compensation injury claim?

Whether or whether your claim is worthwhile is contingent upon the severity of your disability and its impact on your career and lifestyle.

Certain claims are unjustifiable, such as those for minor injuries, where there is no insurance or the party at fault lacks substantial assets against which a judgement may be enforced.

If you are unsure if your compensation claim is worth making, please contact us and our Car Accident Lawyers Brisbane will assist you in determining your needs and eligibility for our no-win no-fee service.

Carter Capner Law provides specially tailored services in connection with severe brain injury and spinal injury accidents involving children and adults in order to assist in the formulation of comprehensive loss statements that include individually tailored damages components that comprise multi-million dollar claims.

Do I have to go to court to pursue my compensation claim?

In most circumstances, vehicle accident lawsuits are settled out of court with a personal injury payout. However, if your claim proceeds to trial, you may only be required to attend if your presence is essential to decide the case’s conclusion.

Your Car Accident Lawyers Brisbane may be permitted to join on your behalf in specific situations, such as interim claims for reimbursement of rehabilitation expenses.

Is there a statute of limitations on filing a claim following a motor vehicle accident?

All vehicle accident claims are subject to strict time constraints. A Notice of Accident Claim (NOAC) must be given to the at-fault party’s insurance within one month of your initial consultation with your lawyer (which often includes the date of your initial telephone conversation), but no later than:

  • If an unidentified car is found to be at fault – within three months of the date of the collision – see below;

OR

  • Within nine months of the date of the collision for any additional identifiable vehicles.

Even if you submit your claim late, you may still be eligible for reimbursement. There is a provision in the legislation that allows you to extend these time restrictions if you can demonstrate a good cause when submitting your NOAC, which our car accident attorneys may assist you with.

Along with the three- and nine-month time restrictions, the majority of claims have an absolute time limit of three years from the date of the accident.

Children and people with a legal disability may be subject to different time constraints (e.g. unsound mind). If you’re unclear whether you’ve filed a claim within the applicable time limit, contact our Car Accident Lawyers Brisbane now and our Car Accident Lawyers Brisbane can assist you.

Can I receive compensation if the car that caused the accident was not registered or if I do not know the vehicle's information or registration number?

Yes, however unregistered and misidentified at-fault cars are subject to additional processes and time constraints.

These claims are made against the default insurer, referred to as the Nominal Defendant.

Three months is the time period for serving a Notice of Accident Claim on the Nominal Defendant for an unidentified vehicle, such as one involved in a hit-and-run. This can be prolonged for up to nine months if there is a valid basis for the delay, but cannot be extended further than that.

In the case of unregistered at-fault automobiles, the Notice of Claim must be given within 9 months of the accident date, but this can be extended if there is a legitimate explanation for the delay.

In all situations (excluding those involving children), legal procedures must be initiated within three years of the date of the accident. Children are restricted until their twenty-first birthday.

For claims involving unidentified cars, reasonable efforts must be taken to determine their identification, such as filing a police complaint, obtaining the names and contact information of eyewitnesses, and obtaining vehicle registration numbers, if practicable.

Your unidentifiable vehicle Car Accident Lawyers Brisbane will be able to assist you.

How long will it take for my car accident compensation claim to be resolved?

After you submit your CTP claim, the insurer will choose whether to accept or reject liability. It varies per situation, but it is critical to keep in mind that settling a claim too quickly may be damaging, since an estimate of all your damages may not be possible during the early stages.

Additionally, certain claims may take a bit longer to process for a variety of reasons:

  • Because the extent of your injuries is unknown at this point, a stabilisation phase may be in place.
  • There may be times when talks between the insurance and our car accident lawyers get tough.
  • The court procedure is slowed down.

Each claim is distinct and may have its own set of obstacles and complications. Our Car Accident Lawyers Brisbane guarantee that you obtain the best possible conclusion and receive the compensation to which you are legally entitled. Call our Car Accident Lawyers Brisbane immediately.

What if I am found to be 'at fault'? Am I still entitled to compensation for my injuries?

If you are categorically ‘at blame’ for the car accident, or if no one else was, you may be unable to receive CTP compensation. However, in many circumstances, you can make a claim on your own insurance, such as superannuation and income protection.

If you are critically wounded in a vehicle accident that happened after July 1, 2016, you may also be eligible for support, care, and treatment via the Queensland National Injury Insurance Scheme. To find out if you are still eligible for compensation if you were ‘at fault,’ contact or phone our specialist Car Accident Lawyers Brisbane.

What if I was a passenger in a car accident? Am I entitled to compensation?

If you were a passenger in a motor vehicle accident and suffered injuries, please contact car accident attorneys to see whether you have a case. In the majority of circumstances, you will have a strong claim for your injuries.

Call or contact Carter Capner Law today for experienced help from the Car Accident Lawyers Brisbane and personal injury lawyers.

Am I eligible for whiplash compensation?

Numerous people get whiplash or soft tissue injuries as a result of rear-end collisions and numerous other types of automobile accidents. Whiplash injuries can be severe, and rehabilitation and physical therapy can be expensive.

Our Car Accident Lawyers Brisbane are here to assist our customers in recouping any losses or damages sustained in automobile accidents throughout Queensland.

Call or contact Carter Capner Law today for experienced guidance from the car accident lawyers brisbane and injury specialists.

Can I claim reimbursement for repair costs and rental rates for a substitute vehicle while my car is being repaired?

If your car has been damaged or written off, our Car Accident Lawyers Brisbane can assist you in reclaiming the cost of repairs or the vehicle’s replacement value from the at-fault vehicle’s comprehensive insurance.

The insurance must pay you for the loss of any unique features of your damaged car, which are particularly valuable to collectors, or if the vehicle has been modified, painted, or fitted in a unique manner.

Additionally, it must pay market rental rates for a comparable replacement vehicle for the duration of your vehicle’s downtime.

Our Car Accident Lawyers Brisbane work with you to recoup these costs.

Consult an expert from Carter Capner Law’s team of vehicle accident lawyers brisbane.

Injuries that can occur as a consequence of a car accident

If you have been involved in a car accident, it is critical that you get legal advice as soon as possible from car accident lawyers brisbane since compensation claims have strict time constraints.

Head and brain injury.

Spinal and neck injury.

Soft tissue injury.

Upper and lower limb injury.

Ankle, knee and wrist injury

Fractures.

Whiplash.

Amputation.

Shock, anxiety and depression.

The CCL method

Our Car Accident Lawyers Brisbane will conduct an immediate assessment of your case to determine your chances of succeeding in a personal injury claim. And after your claim has been authorised, it is swiftly initiated via the CCL method.

Process

Assemble the initial information you are able to provide

Proper case preparation demands meticulous attention to detail. That's why right from the start, our car accident lawyers brisbane collect all the facts and continuously verify them with you and other sources. Constant updates to your comprehensive statement will ensure everyone - you, us, medical specialists and barristers - stay precisely on the same page.

Process

Prepare initiating Claim Notice.

Once sufficient facts have been collected and the identity of the at-fault party confirmed, and initial Claim Notice can be completed in a way that persuasively asserts the basis and extent of your compensation request.

Process

Keep collecting the facts.

Diligent claim preparation requires a comprehensive understanding of your medical income and employment histories. Our Car Accident Lawyers Brisbane will obtain records from accident related treatment provided as well as from health professionals who have treated you for any prior conditions. Employment and income records asked also be collected and diligently examined.

Process

Medical investigation of injury.

The extent of accident related injury must be independently verified by medical experts. Because compensation is paid for the permanent effects from an injury, specialist medical assessment is deferred until 9 – 12 months post injury. Our Car Accident Lawyers Brisbane arrange examinations with appropriate specialists and the insurer of the at-fault party is entitled also to have you examined by its specialists.

Process

Formulation

Once all information has been collected and medical specialist reports obtained, our Car Accident Lawyers Brisbane will carefully formulate the "damages" components of your claim demand. The CCL Method requires that every component - general damages, lost wages, expenses you have incurred, the value of past and future domestic care and the value of loss of future earning capacity - is based on authoritative evidence.

Process

Negotiation

After the insurer has considered your damages ask, a settlement conference is arranged to attempt to negotiate a resolution. Although informal, the success of the conference depends on the extent of preparation that has gone before it. Offers will be exchanged and if the insurer is being reasonable, the conference offers a good opportunity to finalise the claim.

Process

Settlement not reached: heading to court

If you are unable to reach an agreement within 60 days after the conference, a Claim and Statement of Claim must be filed in court in relation to your accident. The defendant may then file a Defence and the court process then continues until the dispute is listed for a trial where witnesses are called to give oral evidence and a judge makes a final determination.

What fees do you pay Car Accident Lawyers Brisbane for car accident compensation?

Carter Capner Law's No-Win No-Fee terms affords fairness to those seeking compensation for personal injury including loss of income and future loss of income earning capacity. No-Win No-Fee - sometimes called "no-win, no-charge" and "no-win no-pay," allows legal representation to a level equivalent to that of the insurance company that will be resisting your payout. Essentially No-Win No-Fee terms provide that fees and case expenses are only payable when the claim is finalised and only if it is successful.

  • Court Filing Fees

  • Medical specialist consultation & report fees

  • Medical records collection fees

  • Expert report fees

  • Claim investigation

  • Barristers

    Our Car Accident Lawyers Brisbane will secure the services of a barrister who will also offer No-Win No-Fee terms

  • Document production

  • Police Report Fees

  • Government agency search fees

  • Freight & courier

  • Office charges

Get in touch with us

1
2
3
4