Before ever getting into an accident, you should know exactly what you need to do, and how to find legal representation when you need it. If there is an issue with your compulsory third-party insurance (CTP) claim, you’re not getting the coverage you deserve or you need help proving your level of fault in the accident, a car accident lawyer can help you through the process.
Gerard Malouf & Partners personal injury solicitors have the experience to defend your injury claim and can help you earn the compensation you’re owed.
Claiming compensation for a motor vehicle injury
Getting involved in a motor vehicle injury accident doesn’t only include vehicle crashes, but collisions with a bus, train, bicycle, motorcycle or truck as well. If you get into an accident, it’s important to know exactly what to do to protect yourself and earn compensation to cover your injuries.
What to do in an accident
- Call the police whether or not anyone was injured on the scene.
- Fill out a Report of Traffic Incident to Police Form and turn it into the police station.
- Get the registration number of the at-fault driver vehicle that caused the accident. If the vehicle was registered in Queensland, your CTP insurer can find the car in their system. If not, the CTP regulator will need to step in. You’ll need to file against the Nominal Defendant if the vehicle is unidentifiable or unregistered.
- Complete a car accident claims form. There is a fatal and non-fatal form you’ll complete depending on what happened during the motor vehicle accident. You must be as accurate as possible and any deviation or missed points could result in a denied application.
- Provide supporting documentation regarding the accident like a medical certificate, a claimant certificate, proof of identity and a law practice certificate if you decide to seek the help of a law professional.
- Send your documentation to the correct CTP insurer’s office.
What type of claim can you make?
Whether you are at fault or not, you can still claim compensation. If you share some or all of the responsibility of a motor vehicle accident in Queensland, however, you will not get as much compensation as you would if you were devoid of accident responsibility.
The goal of motor vehicle compensation is to help you as you recover from your injuries. This support can come in the form of covering medical expenses, physical rehabilitation, lost wages in the past and the future, and quality of life compensation. You may also be experiencing pain and suffering as a result of the accident such as post-traumatic stress disorder, depression, anxiety, and so on, which you can claim with the help of a law professional from Gerard Malouf & Partners and a psychologist.
Once you have been approved for compensation, your road accident solicitor can work with CTP to get your needs covered. This means you can live without financial strain and instead focus on recovering to the best of your ability.
Compensation expectations
The amount of compensation you can earn will largely depend on the severity of your injuries, how the accident has impacted your life and your level of fault. A majority of Queensland car crashes result in minor injuries that you can recover from quickly and will only provide minimum compensation to cover damages. However, if you incurred a more serious injury like total body impairment which caused you permanent damage, you could receive more compensation to cover the extent of your needs.
Queensland Man Awarded $461,429 in Compensation After Car Accident
The Plaintiff in these proceedings refers to an elderly man whose motor vehicle was at a standstill in a line of traffic when suddenly his vehicle was struck from behind by the Defendant’s vehicle. The defendant was traveling at high speed on a busy Queensland road.
As a result of the impact of the collision, Plaintiff alleged that he suffered significant injuries to his physical body.
The CTP insurer in these proceedings admitted that Defendant owed Plaintiff a duty of care, and therefore breached his duty of care as he failed to keep a proper lookout for others on the road, keep control and reasonably stop the motor vehicle. Therefore, liability was not an issue in these proceedings. However, both parties disputed the amount of compensation the plaintiff should be awarded as a result of his injuries, damages and loss.
In this matter, the District Court of Queensland was required to make an accurate assessment of the extent of the Plaintiff’s damages as a result of the motor vehicle accident.
Previous Motor Vehicle Accident
The determination of the assessment of damages was disputed by the fact that Plaintiff had been involved in a previous accident in 2008, whereby he had also suffered serious injuries.
Concerning the matter of Nilon v Bezzin [1988] 2 Qd R 420, the District Court of Queensland had to take into consideration to what extent the plaintiff’s injuries and condition had worsened as a result of the accident.
In his evidence, Plaintiff claimed that he had sufficiently recovered from the injuries sustained in the 2008 accident. The Defendant, however. submitted opposing evidence that alleged that Plaintiff’s injuries were caused and related to the previous accident.
Medical Evidence
Both parties called upon their expert medical witnesses to give evidence on the extent of the plaintiff’s injuries and the relationship to Plaintiff’s previous motor vehicle accident.
Overall, the expert medical witnesses were divided on the plaintiff’s physical state before the second motor vehicle accident. Some evidence suggested that the plaintiff would have been in the same position, even if the second accident had not occurred.
In light of the above evidence presented to the court, it was held that the subject motor vehicle accident had caused the plaintiff injury to his person. The court concluded that the accident may have also aggravated pre-existing injuries that he sustained in the previous accident. Accordingly, the court held that Plaintiff ought to be compensated for his injuries, loss and damages.
Economic Loss
Based on the evidence presented by both Plaintiff and Defendant, the court accepted that prior to the subject of the accident, Plaintiff was working as a tiler with some interference and restrictions due to the injuries he sustained in the previous car crash.
However, as a result of the road accident, the court held that the Plaintiff went from a position where he was able to cope with tiling duties, to a position where he had great difficulty in even carrying out light tasks. For this reason, it was held that the second accident had reduced the Plaintiff’s earning capacity and therefore he would suffer economic loss in the foreseeable future.
Conclusion
In light of the reasoning outlined during the claims proceedings, the court awarded compensation for $416,429 in favour of the plaintiff, which included an amount for general damages, economic loss, special damages and future out-of-pocket expenses.
His Honours Assessment of the damages was as follows:
| General Damages | $35,000 |
| Past Economic Loss | $240,000 |
| Past Superannuation | $15,000 |
| Interest | $19,545 |
| Future Economic Loss | $135,000 |
| Special Damages | $4,577 |
| Interest | $307 |
| Future Expenses | $12,000 |
| Total | $461,429 |
There are any number of considerations the court needs to take into account when reviewing your case. That’s why you need an experienced law firm behind you to guide your case in the right direction, every step of the way.
The Gerard Malouf & Partners difference
No matter if you’re at fault, partially at fault, or free from the responsibility for the accident, your personal injury lawyer at Gerard Malouf & Partners has your back. You can count on our professional team to handle your case with care, agility and focus so you can earn the compensation you need.
If you have been involved in a similar accident, and have suffered serious injuries, you may be entitled to compensation for the damages and losses you’ve experienced For a free, no-obligation consultation, contact Gerard Malouf and Partners Personal Injury Lawyers to arrange a free consultation with one of our Personal Injury Specialists.
