Can I Get Car Accident Compensation
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No Win No Fee Motor Vehicle, Road & Car Accident Lawyers Servicing Brisbane, Gold Coast & All Of Queensland
Have you been involved in a motor vehicle accident, a car accident, or a road accident in Brisbane, the Gold Coast or anywhere in Queensland? You may be entitled to claim compensation for your injuries.
You will need those damages as both the cost of rehabilitation, potential financial loss and more can easily add up. Learn more about compensation further below with some useful frequently asked questions about car accidents and our no win no fee guarantee.
Any other questions? You’re welcome to contact our experienced car accident lawyers who can assess your claim at no cost, and discuss compensation payouts for car accidents.
Frequently Asked Questions About Motor Vehicle & Car Accident Claims
How Long Will A Motor Vehicle Or Car Accident Compensation Claim Take To Settle?
The Personal Injury Lawyers can help you access compensation sooner. However, keep in mind it can take several months for a motor vehicle accident claim to settle.
This will depend on the complexity of your claim and how willing the other side is to reach a settlement.
How Much Compensation Will I Receive For My Motor Vehicle Or Car Accident Claim?
The amount of car accident compensation you receive will be influenced by a range of factors, including:
- The extent of your injuries
- The amount of out-of-pocket expenses you’ve had to cover
- How much income you’ve lost as a result of the accident
- The cost of ongoing care (such as rehabilitation)
Injuries affect everyone in different ways so compensation payouts for car accidents vary on a case-by-case basis. A minor injury to one person may impact on another to a much greater extent..
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 the health of the injured party at the time of the accident occurring.
What Types Of Compensation Are You Entitled To for a Motor Vehicle Or Car Accident?
If you do have a motor vehicle or car accident claim, the types of injury compensation which you may be entitled to includes:
- Compensation for pain and suffering and loss of your amenities of life;
- Loss of past and future wages or business profits (including loss of superannuation payments);
- Medical and rehabilitation expenses that you have incurred and are likely to incur in the future;
- Past and future Care costs;
- Out of pocket expenses;
- The Compulsory Third Party Insurer (or "CTP Insurer") has obligations under the Motor Accident Insurance Act 1994, to meet your medical and rehabilitation needs during your motor accident claim, to ensure that you get the treatment and assistance you need for your injuries. They will fund such things as physio treatment, surgery, specialist treatment, hospitalisation costs, medication expenses, counselling, medical aids and devices, home and vehicle modifications as well as the provision of care and assistance where required;
- Where your injuries stop you from returning to work and you are struggling financially, you may also 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 Benefits as they are also known), whilst you are recovering from your accident injuries.
What Types Of Compensation Payments Are Being Made In QLD For Motor Accident & Car Accident Claims?
To give you an idea of what types of compensation payments are being made in Queensland for motor accident claims, we have obtained the following statistical data from the Motor Accident Insurance Commission (otherwise known as MAIC), the body that regulates Compulsory Third Party insurance claims in Queensland. In respect to car accident compensation claims made in Queensland during the 2015 financial year (1 July 2014 to 30 June 2015):-
- There were 4731 motor accident claims in Qld in 2015;
- The average compensation payment for minor injuries was $69,365;
- The average compensation payment for moderate injuries was $139,938;
- The average compensation payment for serious injuries was $296,970;
- The average compensation payment for severe injuries was $519,058;
- The average compensation payment for critical injuries was $1,853,200.
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, a sales consultant, who suffered a simple whiplash injury to her cervical spine in a rear-ender motor vehicle accident achieved compensation of $400,000. This was 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 when a milk crate fell on his head whilst unloading his work truck. 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 $1,052,000 for his claim.**
How Long Do I Have To Make A Motor Vehicle Or Car Accident Claim?
If you’re thinking of taking legal action, try to build your case quickly.
Strict time limits apply to motor vehicle accident claims, so it’s important to file your claim sooner rather than later.
Will I Need To Go To Court For A Motor Vehicle Or Car Accident Claim?
Most motor vehicle accident claims can be resolved before trial with a personal injury settlement.
If your claim does proceed to court, you’ll only need to attend if your presence is deemed absolutely necessary to its outcome.
In some cases, our personal injury lawyer may be able to attend for you.
How Much Does It Cost To Make A Motor Vehicle Or Car Accident Claim?
Every motor vehicle accident claim is different, so compensation payouts for car accidents will differ. The total cost of your claim will depend on the amount of work it requires.
However, no matter how many legal fees your claim accrues, if you are using our No Win No Fee service, you won’t be required to cover those fees if you aren’t awarded any compensation.
How Do I Make A Compensation Claim For A Motor Vehicle Or Car Accident?
Making a claim after a car accident involves a number of steps and you should be aware that there are strict time limits that apply to car accident compensation claims.
You can do these yourself, or if you’re not confident going through the process on your own, contact us and one of our car accident lawyers can help you through the claims process.
- Generally, you will need to report the accident to the police. The exception to this rule is if your accident didn’t result in a vehicle needing to be towed or if there were no injuries as a result of the crash. Of course, you shouldn’t self-assess after an accident – injuries like whiplash are common and can have long-term implications for your health and quality of life.
- If another vehicle was involved, do your best to get their registration details. If you are unable to get this information (like in the case of a hit and run accident), or if that vehicle was unregistered (and therefore uninsured) you may need to make a claim against the Nominal Defendant.
- Have a relevant expert complete the appropriate sections of the claim (for example, you may need a doctor to fill out the medical certificate).
- Ensure all sections of the claim form are completed.
- Lodge the form to the insurer of the party who was at fault, whether fully or partially. If you were also partly at fault, then the other party will also likely be making a claim to your insurer.
Due to the complexity of the claims process, it’s crucially important to the outcome of your claim that you have an experienced car accident lawyer by your side.
By engaging with a lawyer, you won’t have to worry about missing an important step in the claims process that could affect the compensation payout you receive.
If you’re thinking of taking legal action, try to build your case quickly. Strict time limits apply to motor vehicle accident claims, so it’s important to file your claim sooner rather than later.
Who Can Make A Motor Vehicle Or Car Accident Claim?
It’s important to note that your entitlement to claim compensation will depend on the circumstances of the accident. For example, if you are found to be at fault, this may make you ineligible to receive damages.
However, generally any of the following road users in the list below who have been injured under the Motor Accident Insurance Act 1994 can make a motor vehicle or car accident compensation claim.
For more information about car and motor vehicle accident compensation claims, click on the links below. Alternatively, see our frequently asked questions section for further answers)
- Car Drivers & their passengers
- Motorbike riders and pillion passengers
In order to make a motor vehicle accident compensation claim, you must be able to able to demonstrate that:
- You have sustained an injury and/or financial losses
- The accident was not your fault (or not entirely your fault)
What Are The Requirements To Make A Motor Vehicle Or Car Accident Claim?
In order to make a motor vehicle accident claim, you must be able to able to demonstrate that:
- You have sustained an injury and/or financial losses
- The accident was not your fault (or not entirely your fault)
Am I eligible for any car, road or motor vehicle accident compensation at all?
If you have as a result of the accident lost income, you may also be able to claim.
Any car or vehicle accident can be complicated with some bewildering paperwork from insurance companies. The short answer is, ask us for help. Call, email, chat or visit us, it costs nothing to ask our Lawyers and be in a better position to move to the next step.
How much compensation will I get for my motor vehicle or car accident injury?
✔ Our Compensation Calculator gives a basic indication how much compensation you may be due
✔ Three simple steps to get a fast overview of all the areas that you may claim for
The Motor vehicle/Car Accident Was My Fault, Can I Still Make A Claim?
This depends on whether you were fully at fault or partly at fault. If you were fully at fault, you may not be entitled to any compensation.
However, if you were partly at fault, you may still be able to get partial compensation. It is worth speaking with a professional Lawyer to assess your circumstances.
What Happens If I Don’t Win My Motor Vehicle Or Car Accident Claim?
If your claim for car accident compensation unsuccessful, you may have to cover the legal costs of the person you claimed against (under our No Win No Fee arrangement, you won’t have to cover the cost of your own legal fees).
Is Compensation Ever Difficult To Recover?
Compensation can be difficult to recover if the person at fault for the accident disputes your version of events.
This is why it’s important to investigate the cause of the accident thoroughly (if you’ve been involved in a motor vehicle accident, always call the police to ensure an official account of the accident is recorded), and enlist the services of an experienced car accident lawyer. Our lawyers are based in Brisbane and the Gold Coast, and we can assist you wherever you’re located in Queensland.
Do I Need To Seek A Motor Vehicle Or Car Accident Lawyer To Make A Claim?
Having a specialist car accident lawyer to manage your claim offers a range of benefits, including:
- Free legal advice – If you’re not sure whether to claim compensation, The Personal Injury Lawyers can arrange an obligation-free consultation to discuss your legal options.
- Improved odds – When claiming motor vehicle accident compensation, having access to legal expertise is crucial.
- Effective preparation – Allowing a lawyer to prepare your case effectively can give you a huge advantage during negotiations.
Who Pays The Motor Vehicle Or Car Accident Compensation?
In most cases, the insurer of the person at fault for the accident will pay the compensation.
Unfortunately, being involved in an accident with an uninsured driver can complicate matters.
Throughout Australia, all motorists must have Compulsory Third Party (CTP) insurance.
What About Care And Assistance For Catastrophic Motor Vehicle & Car Accident Injuries?
From 1 July 2016, if you are injured in a motor vehicle accident and suffer catastrophic injuries including, spinal cord injuries, traumatic brain injury, severe burns, permanent blindness or multiple amputations, you will be entitled to lifetime care and assistance under the National Injury Insurance Scheme or NIIS.
The scheme is not fault based, meaning that it does not matter whether the person who is suffering the catastrophic injury was responsible for the accident or not. They still have entitlement to claim for the following assistance in relation to their injuries:
- Medical expenses;
- Rehabilitation expenses;
- Ambulance transportation;
- Prosthetics, aids and appliances;
- Home and vehicle modifications;
- Education and vocational training;
- Care, including respite, attendant and domestic.
What About Very Serious Injury And Catastrophic Injuries?
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. Such serious injuries often result resulting in compensation payments for car accidents that total millions of dollars.
Examples of this from The Personal Injury Lawyers case summary databases 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).
For more statistical information regarding car accident claims and compensation payments for motor accident injuries, the following may help: MAIC - Motor Accident Claim Statistical Data 2014 to 2015
Why Should I Trust The Personal Injury Lawyers With My Motor Vehicle Or Car Accident Claim?
With more than 30 years of experience in personal injury law, you can rely on our lawyers to achieve the best possible outcome for your case.
To ensure your case achieves a satisfactory settlement, we can keep you informed at every point in the claims process. Check out our real customer reviews and see why so many trust us...
We Get You The Best Compensation And Recovery
As Accredited Experts In Injury, We know injuries inside and out and how best to get you what you need. We'll Get You Excellent Rehabilitation Quickly And Get You The Maximum Compensation For Recovery In The Future.
Frequently Asked Questions
- How much compensation will I receive for my injuries?
- How is past and future economic loss compensation calculated?
- What injury compensation or damages am I entitled to claim for?
- If I go back to work after my injury will this hurt my claim?
- When does my workers' compensation claim come to an end and what happens then?
- How can I find out quickly if I can make a compensation claim?
- What are emotional distress damages in personal injury cases?
- Are there time limits for bringing a claim for injury compensation in Queensland?
- How will my common law claim run and how long will it take?
- Is my compensation or damages payment taxable?
- What care and assistance can be claimed for in a personal injury claim in Queensland?
- Did you know that if you engage a domestic worker in your home, you could be liable to pay compensation if they are injured?
- What if I don't receive a 6% DPI in my Notice of Assessment but I want to sue my employer for my work injuries?
- What's the difference between workers' compensation claim & a common law claim for damages?
- What is a common law claim for damages for work injury in Queensland?
Looking for more? View all our Frequently Asked Questions. Remember if you have a question it's free and you under no obligation to chat with our Lawyers online, by phone or email. Better to answer that question and know than it go unanswered. Contact us today.