Car accident lawyers Brisbane

Motor vehicle accident claims:
Your rights, our fight

Being involved in a motor vehicle accident can be a life-altering experience, leaving you with physical injuries, emotional trauma, and financial burdens. If you’ve been injured in a car accident in Brisbane, you need a personal injury lawyer to ensure your rights are protected.

At GMP Law, our experienced motor vehicle accident lawyers are dedicated to helping you navigate the complex legal landscape and fight for the compensation you deserve.

Understanding motor vehicle accident claims in Brisbane

In Queensland, motor vehicle accident claims are governed by the Compulsory Third Party (CTP) scheme under the Motor Accident Insurance (MAI) Act 1994. This scheme provides unlimited liability coverage for personal injury incurred by or in connection with a motor vehicle incident.

It’s important to understand that there are two potential avenues for compensation within the system:

Statutory benefits: These are basic benefits provided by the CTP scheme, which can cover immediate medical expenses and some lost income.
Common law claims: These are part of the CTP scheme but allow for more comprehensive compensation. In a common law claim, as the injured party, you must prove the negligence of the other vehicle driver or owner to seek compensation for injury or loss related to the accident.

Key points to understand:

The CTP scheme covers both statutory benefits and common law claims
Common law claims allow victims to seek monetary compensation for personal injury and other losses through the court system, but still within the framework of the CTP scheme
For a common law claim, you need to prove negligence to receive compensation
The CTP scheme covers drivers, passengers, vehicle owners, and other injured parties.

A specialised motor vehicle accident lawyer is invaluable in navigating this process. Our team at GMP Law can help you explore your options and investigate the strength of your case.

We're here to help.

Eligibility for motor vehicle accident compensation in Brisbane

You may be eligible for compensation if you’ve been injured in a motor vehicle accident in Brisbane where another part was at fault. This includes:

Drivers harmed by the negligence of another vehicle
Passengers in any vehicle involved in the accident
Pedestrians in any vehicle involved in the accident
Victims of hit-and-run accidents (covered by the nominal defendant scheme).

Even if you’re uncertain about your eligibility to claim, or you were partially at fault for the accident, we encourage you to reach out. Our free initial consultation means you have nothing to lose by exploring your options.

Factors affecting compensation

Compensation for motor vehicle accidents in Brisbane comes from either the CTP scheme or the nominal defendant scheme. Under common law, there are several ‘heads’ of damages that can be compensated, each assigned a point value between zero and 100, referred to as the Injury Value System (ISV).

These include:

Future medical treatment and rehabilitation expenses
Out-of-pocket expenses (medical, travel, pharmaceutical)
Past and future wage loss
Past and future superannuation loss
Past and future gratuitous care
General damages (pain and suffering)

Severity and long-term impact of your injuries
Impact on the quality of your life.

To calculate your ISV, you can refer to the Civil Liberty Regulation 2014. Contact GMP Law to speak with our lawyers that will help you determine the ISV of an injury, the point value, and the dollar value for you.

No Win No Fee

Fee transparency that you can trust

At GMP Law, we’re committed to ensuring you have nothing to lose.
If we don’t win your case, you won’t pay a cent for our services. This means you can focus on healing without worrying about legal costs.

How it works

No upfront costs

No contingency fee

We’ll only charge you if we win.

We maintain integrity by carefully evaluating each case. If we believe it’s unlikely to result in compensation or if the costs outweigh the benefits, we won’t take it on.

This commitment to our client’s best interests, as well as fee transparency, sets us apart from other law firms.

Frequently asked questions about motor vehicle accident claims in Sydney

How do you prove negligence in a motor vehicle accident?

To prove negligence in a motor vehicle accident case, we must establish:

Duty of care: The other driver had a responsibility to drive safely
Breach of duty: The driver failed to meet this responsibility
Causation: This failure directly led to the accident and your injuries
Damages: You’ve suffered harm as a result of the accident.

Our motor vehicle accident lawyers work with medical professionals to build a strong case on your behalf.

What is the time limit to claim in a motor vehicle accident in Brisbane?

Queensland has strict time limits that apply to motor vehicle accidents. Here are the key timeframes to remember:

One month from the first consultation with a car accident lawyer, if you’re retaining one
Three months after the incident to lodge a claim with the nominal defendant for a vehicle that cannot be identified
Nine months after the incident if the at-fault vehicle has been identified or at the first sign of symptoms from the injury, whichever comes first.

The sooner you properly lodge your notice of accident claim, the sooner the CTP insurer can release funds to cover damage, medical treatment, and rehabilitation (if needed).

How much compensation can I expect for my motor vehicle accident claim?

Compensation amounts vary widely depending on the specifics of each case. Factors such as the severity of injuries, economic loss, and long-term impacts all play a role. In a past case, we secured $461,429 for a client injured in a rear-end collision. However, each case is unique and we will assess your claim based on your individual circumstances.

We offer a free initial consultation to help individuals explore their options.

What if the driver who caused the accident was uninsured or fled the scene?

In these cases, you can still seek compensation through the nominal defendant scheme. You have three months from the date of the accident to lodge a claim for unidentified vehicles.

How does a pre-existing condition affect my claim?

Pre-existing conditions don’t necessarily exclude you from compensation. If the accident aggravated or made your condition worse, you may still be eligible for compensation related to this worsening. Our team of motor vehicle accident lawyers are experienced in handling complex cases involving pre-existing conditions.

Justice for victims of motor vehicle accidents in Sydney

At GMP Law, we’ve successfully represented clients from various walks of life, processing claims for injuries sustained in car accidents in New South Wales.

$250,000 compensation for Penrith man’s car accident injuries

Background

Our client from Western Sydney suffered serious physical and psychological injuries in a motor vehicle accident when another driver collided with him while changing lanes.

The challenge

The CTP insurer of the at-fault driver acknowledged liability but denied requests for treatment during the claims process.

GMP Law’s approach

Filed disputes with the insurer to contest their treatment decisions
Successfully challenged the assessment of the client’s whole-person impairment, resulting in the insurer conceding that his injuries surpassed the 10% threshold
Gathered essential medical evidence to bolster the claim
Engaged in a settlement conference with the insurer to negotiate a fair resolution.

Outcome

Following negotiations with the insurer, we successfully obtained a settlement of $250,000 for our client, which includes legal costs.

South-western Sydney man received $500,000 in compensation after head-on motor vehicle collision

Background

Our client and his wife were driving when a car on the opposite side of the road veered into their lane, causing a head-on collision. Both sustained significant physical and psychological injuries.

The challenge

The client suffered extensive injuries to his head, upper body, cervical spine, hands, lumbar spine, foot, and knee, as well as psychological trauma including shock, anxiety, and PTSD.

GMP Law’s approach

Obtained medical evidence to support the client’s level of impairment
Gathered evidence of education and pre-injury employment details to demonstrate the impact on the client’s career as a full-time scientist
Engaged in an informal settlement conference with the insurer
Negotiated to maximise the client’s compensation.

Outcome

We successfully settled the claim for $500,000, providing our client with substantial compensation for his injuries and loss of earning capacity.

The compensation claim process: Your journey with GMP Law

We understand that the legal process can feel overwhelming, especially when you’re dealing with pain and recovery. At GMP Law, we’re here to guide you every step of the way: