Motor Vehicle Accidents

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

Motor accident injury

The Personal Injury Lawyers handle all motor accident 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, that it is not worthwhile making a claim or there is no need for a claim to be made.

Unfortunately, what often appears to be a simple whiplash injury to the neck or back following an accident, can end up being quite a debilitating injury over time.  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. 

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, 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.

What Accident Compensationi can I claim for ?

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

  • General Damages or compensation for pain and suffering and loss of your amenities of life - to see how to calculate your award for General Damages, click on the term pain and suffering;
  • 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 - to see what care and assistance you can claim for, click on the words Care costs;
  • 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, 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.

To pursue your motor accident claim and to ensure it is protected, you must comply with the procedural provisions as stipulated in the Motor Accident Insurance Act 1994. The Personal Injury Lawyers specialise in motor accident claims and can guide you through the legal processes involved to ensure your claim is protected and to maximise your claim payment.

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 2003 can be quite complex and it is therefore important that you obtain legal advice with respect to what 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 CLA. The Personal Injury Lawyers will be able to provide you with this advice.

Who will be paying for my Accident Compensation ?

It is important to remember that, in respect of all car accident claims, 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 car accident and not your friend or family member.

If you have suffered personal 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 a team of personal injury solicitors, headed up by an Accredited Specialist in Personal Injuries Law, who specialise in motor accident claims, and who can assist you with your enquiries all on a NO WIN NO FEE* basis.  To find out about our NO WIN NO FEE GUARANTEE click on the words NO WIN NO FEE* to learn more.

We provide you with Free Legal Advicei

We will provide you with FREE LEGAL ADVICE as to whether you have a worthwhile claim to pursue as well as what steps you need to take to pursue your claim and to maximise your compensation payments and entitlements, in a FREE INITIAL CONSULTATION* with one of our personal injury specialists.  To learn more about the free legal advice we offer, click on the words FREE INITIAL CONSULTATION* or FREE LEGAL ADVICE*.

The Personal Injury Lawyers have their head offices in Brisbane and on the Gold Coast and offices throughout Queensland, including the Sunshine Coast, Toowoomba, Bundaberg, Gladstone, Rockhampton, Longreach, Emerald, Mackay, Townsville and Cairns. But don't worry if your injury or your lifestyle 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.

Do time limits apply to a motor vehicle accident claim ?

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.

* Click each term below to view the definition: