Motor Vehicle Accident Lawyers in Brisbane

Overview

Motor Vehicle Accident Lawyers in Brisbane

As a victim of a motor vehicle accident in Brisbane, you need a lawyer that specialises in personal injury law to ensure you receive the highest compensation possible.

The Queensland Compulsory Third Party (CTP) scheme provides drivers, passengers, vehicle owners and other injured parties unlimited liability coverage for personal injury incurred by or in connection with a motor vehicle incident under the Motor Accident Insurance (MAI) Act 1994. Victims of MAI Act motor vehicle incidents may seek monetary compensation for personal injury and other losses related to the accident in court.

What does that mean? In Queensland, the injured party has to prove the negligence of the other vehicle driver or owner in order to seek compensation for injury or loss related to the incident.

A motor vehicle accident lawyer in Brisbane who regularly works with the CTP insurers and the court to negotiate and advocate for their clients is invaluable to victims of motor vehicle accidents and their families.

Process

What are the requirements to make an accident claim

If you or a family member has been injured in an accident that involves a motor vehicle, you want to ensure that you and your family receive full monetary compensation for medical bills or to repair damaged property sooner rather than later.

A motor vehicle requires registration for transport use and includes all types of motor vehicles, motorbikes, and mopeds.

Have you suffered an injury as a result of a motor vehicle accident in Brisbane?

To ensure a greater probability of receiving money for your personal injury related to a motor vehicle accident, it’s important to have done the following:

See a medical professional for injuries incurred during the incident.
Call the police if:
1. Damage to property (other than your vehicle) is greater than $3,000.
2. Someone was killed or injured during the accident.
3. A vehicle was towed.
Exchange information with others in the accident and find out who is CTP insured and who’s not. If you do not do this, you will need to call the police.
Take photos of the injury and damaged property for evidence on all claims.
Contact your insurance provider and file a notice of accident claim with supporting evidence.

Why legal advice matters in motor vehicle accidents

The Motor Accident Insurance Commission (MAIC) has six steps for lodging an accident claim in Queensland.

Go to a police station and file a Report of Traffic Incident form. Filing online is not enough as the form requires a reference number for your visit.
Meet the deadlines for filing the appropriate claim.
Find the vehicle registration number(s) of the vehicle(s) that caused the collision.
Complete your non-fatal or fatal injury claim form, print, sign and have it witnessed (online too).
Add supporting documents to the claim such as a medical certificate, claimant certification, proof of identity, and law practice certificate.
Lodge your claim and supporting documents with the at-fault vehicle’s CTP insurer.

Will your accident claim go to court?

If you are lodging a notice of accident claim in Queensland, you can do so with or without legal advice. However, a car accident lawyer will know exactly what is required to file a claim for common law compensation from the Queensland CTP scheme or the Nominal Defendant scheme. Additionally, a motor vehicle accident lawyer can negotiate for you with the insurers to reach a settlement.

It’s important to remember that once a settlement is reached no further injury claims can be made related to that motor vehicle incident.

In our experience, symptoms of a car crash injury are not immediately apparent. It’s prudent to consult with a medical professional and an experienced car accident lawyer on the likelihood that your car accident-related injuries may create a longer-term financial, social and emotional burden for you and your family.

Accident claim time frames to keep in mind

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

Queensland claim time frames are:

One month from the first consultation with a car accident lawyer, if you’re retaining one.
Three months after the incident 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.

Possible compensations for motor vehicle accidents in Brisbane

For injuries from motor vehicle accidents in Brisbane, the compensation comes either from the CTP scheme or the Nominal Defendant scheme. Under common law, there are heads of damages that can be compensated and each is assigned a point value between zero and 100, referred to as the Injury Value System (ISV).

The heads of damages that can be claimed are:

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

To calculate your ISV refer to the Civil Liberty Regulation 2014 or contact your lawyer who can determine the ISV of an injury, the point value and the dollar value for you.

GERARD MALOUF & PARTNERS

Motor vehicle accident lawyers at Gerard Malouf & Partners

Our Queensland compensation lawyers are Accredited Specialists in personal injury law and are located on Eagle Street in Brisbane. In our 35 years as Australia’s largest private law firm, our expertise in the accident claim process and our relationships with the MAIC and its insurers in Queensland are unparalleled.

The value of legal advice on motor vehicle accidents

The CTP ensures that parties involved in a motorbike or car accident receive compensation if the proper procedures are followed. Seeking legal advice should not cost you anything upfront and it should give you a better understanding of your options for receiving compensation.

Compensation commensurate with the impact of a motor vehicle accident in Brisbane

After a motor vehicle accident, victims have a lot to deal with in the days, months and years ahead.

For example, if an injured party to a motorbike accident doesn’t file a motorbike accident notification claim within 28 days of the incident, they risk not receiving the full amount possible to cover the cost of repairing damages.

With legal advice, you’ll receive financial assistance with medical and rehabilitation costs, lost wages and property damage that is allowed by common law. Additionally, legal advice is critical to ensuring appropriate action is taken to receive compensation for future medical expenses, loss of wages and superannuation benefits and loss of enjoyment of life that you or your loved one may experience as an unfortunate consequence of the motor vehicle accident. Contact Gerard Malouf & Partners today.

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Motor Vehicle & Car Accident Claims

Free Resources

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Frequently Asked Qeustions

What you need to know about motor vehicle accident claims in Brisbane

Commonly asked questions about motor vehicle accident lawyers in Brisbane

How much compensation do you get for a car accident in Brisbane?

In Brisbane, car accident injury compensation hinges on the extent of the injury and its effect on your work and social life.

According to the Motor Accident Insurance Commission, in Queensland the vast majority of compensation was allocated to economic loss ($415 million in 2021), followed by medical and care expenses ($182.6 million).

When should you contact a car accident lawyer?

If you or someone you love is the victim of a motor vehicle accident in Brisbane, contact a car accident lawyer to help you with your CTP claim questions. After a motor vehicle accident, the claim process can feel overwhelming. You may still have questions after speaking with your CTP insurer and a car accident lawyer can take you through the process step-by-step.

Can you sue someone for a motor vehicle accident in Queensland?

In situations of wrongful death or an accident injury, it is crucial to contact an accident lawyer on when to sue in a car accident.

Queensland is an at-fault state. That means a road accident compensation claim will be accepted for any motor vehicle accident in Brisbane. However, your accident-related injury or pain and suffering are considerations.