Motor Vehicle Accident Claims
If you have sustained an injury in a:
- car accident
- truck accident
- motorbike accident
- bicycle accident
- public transport accident
- pedestrian accident
you may have a right to make a claim for compensation.
In most cases, the compensation that you are seeking will be paid by an insurance company who handle these types of claims. This compensation comes from the third-party insurance that is paid by all drivers each year with their vehicle registration. Your claim will proceed against the Compulsory Third Party (CTP) insurer of the vehicle at fault. In the event that the accident involves an unidentified vehicle, like a hit and run, there is an insurer against whom the claim will be made, referred to as the Nominal Defendant. The Nominal Defendant is a government insurer.
These insurance companies rely on their own lawyers to provide advise as to whether or not they should accept your claim and if so, the extent of compensation they think you are eligible for. This is why it is critical to seek independent legal advice, rather than the advise of the insurance company who will likely have different interests than you.
The compensation that you may receive from a vehicle accident claim is there to compensate you for the pain and suffering, past and future medical expenses and past and future lost income that you have suffered because of the injury or injuries.
How long is this going to take?
Probably the most common question asked and the most difficult to answer. The speed of your claim is dependent upon many factors, including the nature of the accident, the injury or injuries sustained, your current treatment and of course, the effectiveness and efficiency of your lawyer.
Strict Time Limits Apply
Like all personal injury claims, there are very strict time limits that dictate the time you have to bring a claim forward. In Queensland, the usual time limit is three years from the date of the motor vehicle accident, but this time limit can be significantly shorter in certain circumstances.
Getting early independent legal advice is a must!