No win no fee

  • No up-front costs
  • Free Legal Advice 24/7

FREE Call For An Instant Claim
Assessment: 1300 782 202

Click to Call: 1300 782 202

Motor Vehicle Accidents

If you have been injured in a car accident, motor cycle accident, truck accident, tram accident, bicycle accident or as a pedestrian, you may be entitled to claim accident compensation for your injuries under the Motor Accident Insurance Act 1994 (also known as the “MAIA”).

The Personal Injury Lawyers handle all motor accident injury claims, from whiplash injuries to catostrophic injuries such as amputation injuries, internal injuries, serious head trauma resulting in brain injury, paraplegia, quadraplegia and tetraplegia cases.

People sometimes think that because they have suffered a simple whiplash injury in an accident, which seems to improve in the weeks or months following the accident, it is not worthwhile making a claim or there is no need for a claim to be made.

Even "minor" injuries can become debilitating - don't assess your own situation

Unfortunately, what often appears to be a minor injury following an accident, can end up being quite a debilitating injury over time.  For example, whiplash injuries to the cervical spine (neck) can end up resulting in recurrent headaches, migraines, and muscle spasms and ongoing pain and restriction in the neck, upper back, shoulders and arms. Similarly, a whiplash or jarring injury to the back can result in long-term lower back issues over time, causing problems with sitting, standing or walking for extended periods and ongoing back pain and stiffness. 

Don't assess your injuries yourself. Sometimes, the full extent of an injury does not come to light until many months or even years after the accident and can deteriorate over time.  This can be very debilitating on every day functioning and employment.  It is therefore important that you take steps to investigate and protect yourself if you have suffered any motor accident injury, even if you consider it to be a simple or minor injury, as this may not be the case in the future. You may be missing out on significant compensation that you need to ensure you and your family are protected now and in the future.

And remember, time limits do apply to your motor accident claim. If you leave it too late, you may no longer have a right to make a claim. You should contact The Personal Injury Lawyers to investigate your entitlements to claim without delay.

What sort of compensation are you entitled to?

If you do have a motor accident claim, injury compensation which you may be entitled to claim includes:

  • Compensationi for pain and suffering and loss of your amenities of life;
  • Loss of wages or business profits (including loss of past and future income and loss of superannuation payments);
  • Medical and rehabilitation expenses that you have incurred and are likely to incur in the future;
  • Care costs (including past and future care);
  • Out of pocket expenses;
  • Funding for rehabilitation and medical treatment as well as medical aids (eg. physiotherapy treatment, medications expenses, counselling treatment, crutches, ergonomic devices etc.) whilst you are waiting for your claim to finalise;
  • You may be entitled to an advance payment on damages to assist you financially whilst you are waiting for your motor accident claim to finalise;
  • If your motor vehicle accident injury occurred on your way to or from work, during a work break, or during the course of your work, you are most likely entitled to claim workers' compensation benefits (or Workcover Statutory Benefitsi as they are also known), whilst you are recovering from your accident injuries. For more information on what such benefits mean to you, click on the term workers' compensation benefits

How much compensation will you receive ?

Injuries affect everyone in different ways. A minor injury to some, may impact on another person to a much greater extent. The purpose of compensation is to compensate an injured party for the loss and damage they suffer as a consequence of the injury. The more the injury or injuries impact upon your pre-accident lifestyle and employment, the more compensation you will receive.

Because of the subjective nature of compensation payments for personal injury claims in Queensland, it is not possible to state a specific compensation amount for a certain injury. It will depend on what loss and damage is suffered because of that injury.

Some of the more dominant factors that impact upon compensation payments are the extent of the injury sustained as well as age, occupation, recreational interests and health of the injured party at the time of the accident occurring.  

To give you an idea however of what types of compensation payments are being made in Queensland for motor accident claims, we have obtained the following data from the Motor Accident Insurance Commission (otherwise known as MAIC), the body that regulates Compulsory Third Party insurance claims in Queensland:-

  • There were 7848 motor accident claims in Qld in 2013;
  • The average compensation payment for minor injuries was $67,818;
  • The average compensaton payment for more serious injuries was $300,490.

Note that these are average payments only and every case is different. For example, The Personal Injury Lawyers case summary database provides the following case scenarios:

  • A 42 year old woman, sales consultant, who suffered a simple whiplash injury to her cervical spine achieved compensation of $400,000 because of the impact the injury had on her pre-injury lifestyle and employment, despite her whiplash injury being described by doctors as a "minor" injury;
  • In the case of Austin v Parmalat Australia Ltd (2013)QSC 227, Mr Austin sustained a minor head injury however, the impact of the injury upon Mr Austin’s employment and occupation as a truck driver was such that he was awarded damages of $1.052 million dollars for his claim.  

Of course, in cases of very serious injury and catastrophic injuries such as brain injury, paraplegia or amputation for example, compensation will be much higher than the figures discussed above, most likely resulting in compensation payments involving multi-milliions of dollars. Examples of this from The Personal Injury Lawyers case summary database are:

  • A 62 year old male labourer received over $2,000,000 for a below knee amputation injury to his left leg from a head on collision accident;
  • A 15 year old male, who sustained paraplegia in a car accident but had recovered exceptionally well from his injuries and was pursuing tertiary studies for a professional career as a Merchant Banker, achieved over $4,000,000 in damages;
  • The catastrophic injury case of Susan Delaney, who sustained extreme head injuries in a motorcycle accident leaving her in a vegetative state, resulting in a damages payment of over $9,000,000 by the insurer AAMI (Delaney v AAMI (2013) QSC). 

 

Precise legal processes must be followed to protect your claim

To pursue your motor accident claim and to ensure it is protected, you must comply with the procedures laid out in the Motor Accident Insurance Act 1994. The Personal Injury Lawyers specialise in motor accident claims.  We can guide you through these processes in order for you to protect and pursue any compensation entitlements you may have under such legislation and at Common Law.
 
The Civil Liability Act 2003 (also known as the "CLA") and associated Regulations govern the awards of damages in relation to pure motor accident claims in Queensland. Navigating the provisions of the Civil Liability Act can be quite complex. That's why its crucial to obtain legal advice about the compensation entitlements you may have under such legislation and, most importantly, as to whether your motor accident claim is one in fact governed, and therefore restricted, by the Civil Liability Act 2003. The Personal Injury Lawyers will be able to provide you with this advice.
 
Even if the driver of the vehicle involved in your accident is a friend or a family member, it is the  Compulsory Third Party Insurance company or the Nominal Defendant that will be compensating you for your personal injuries, loss and damage arising from the accident, and not your friend or family member. This is the case for all car accident claims.
 
If you have suffered injury in a car accident or an injury which involves a motor vehicle and are looking for a personal injury lawyer to assist you with your claim, The Personal Injury Lawyers have teams of personal injury solicitors, headed up by Accredited Specialists in Personal Injuries Law, who specialise in car accident claims and can assist you with your enquiries all on a NO WIN NO FEE* basis. We will provide you with a free appraisal of your claim in a FREE INITIAL CONSULTATION* with one of our personal injury lawyers specialising in car accident claims - OBLIGATION FREE.

The Personal Injury Lawyers have their head offices in Brisbane and on the Gold Coast and offices throughout Queensland, including Beenleigh, Sunshine Coast, Toowoomba, Bundaberg, Gladstone, Rockhampton, Longreach, Emerald, Mackay, Townsville, Mt Isa and Cairns. But don't worry if your injury or your situation makes it difficult for you to come to us. We can come to you, or alternatively, you may prefer to communicate with us via telephone, email or skype. The Personal Injury Lawyers are set up to meet all your communication needs.
 

Strict time limits apply to all claims

Under the law that regulates motor accident injury claims in Queensland, STRICT TIME LIMITS APPLY in relation to placing the CTP Insurer on notice of your claim and for pursuing Common Law Damages. If you fail to comply with such time constraints, it may very well result in you not being able to proceed with your claim. You should contact The Personal Injury Lawyers to see what compensation rights you do have in relation to your injury and how to protect such rights.

For FREE LEGAL ADVICE* concerning whether you have a claim to pursue, contact our personal injury solicitors at The Personal Injury Lawyers on 1300 782 202 (available outside normal business hours) or submit this Free Appraisal Form.

 

If you would simply like to know more about motor accident claims, you can request one of our Claim Information Packs which will provide you with more information about your claim and what steps you need to take to protect and pursue your motor accident claim, by submitting your Request for Claim Information Pack. (available outside normal business hours) or submit this Free Appraisal Form.

* Click each term below to view the definition:

Free Claim Assessment

Not sure if you have a valid claim? Complete our Free Claim Assessment Form and we'll get back to you to discuss your claim eligibility.

Request Free Claim Assessment

Servicing Claims All Over Queensland

  • Gold Coast
  • Brisbane
  • Rockhampton
  • Emerald
  • Mackay
  • Townsville
  • Mt Isa
  • Cairns
  • Sunshine Coast
  • Toowoomba
  • Gladstone
  • Longreach
  • Beenleigh
  • Wide-Bay Region

No Win. No Fee.

We believe the pursuit of a fair legal outcome should be available to everyone – so we provide our clients with a NO WIN NO FEE Guarantee and the promise of NO up-front fees or costs.