Do you have a potential claim for a car accident injury?
Make an enquiry
Do you need information on car accident injury claims?
What do you do if you are injured in a car accident?
Types of injuries that may occur in a car accident?
What can you expect in a claim for car accident injury compensation?
What are the fees for car accident injury claims?
Can't find what you're looking for? Get in-touch with our Car Accident Lawyers today
What do you do if you were injured in a car accident?
Car accidents, no matter how minor, can be traumatic and result in injuries for which there is a compensation entitlement.
We ensure driver and passenger injury compensation claims are conducted by lawyers with expertise in analysing the cause of the accident and understanding the particular injuries that result.
Our Car Accident Lawyers ensure the claims they make for car accident victims include loss of income, pain & suffering, loss of enjoyment of life, loss of future earning capacity, paid and unpaid care, expenses and the other financial losses that apply.
You are entitled to secure the services of a legal team whose knowledge of car accident injuries and the pitfalls that get in the way of recovering the injury compensation to which you are entitled gives them the confidence to take on your case charging no upfront fees and only getting paid on success.
In your first meeting our Car Accident Lawyers will need to know:
- What happened and who do you believe to be at fault
- The extent of your injury
- Your employment status
- Your medical history
- Do you have insurance or superannuation cover
An expert team member is available to meet with you and answer any questions you have about the claims process at our Brisbane Head Office – close by to major courts and insurers as well as medical and safety expert consultants – or at our Princess Alexandra Hospital office or at our Browns Plains Medical Precinct satellite office.
Call or email today to get expert advice from the Car Accident Lawyers injury experts at Carter Capner Law.
See below in relation to the 1-month, 3-month, 9-month and 3-year time limits that apply.
You may also be able to claim a TPD payout under insurance that applies to your superannuation fund membership. Call our Car Accident Lawyers today to discuss.
Make insurance or compulsory third party insurance (CTP) claim
In Queensland, motor vehicles are required to have compulsory third party insurance(CTP). Your Car Accident Lawyers will initiate your claim with your insurer or the at-fault party’s motor vehicle insurer.
Contact us to set up your no-obligation initial appointment.
At the initial consultation, your Car Accident Lawyers will get more details on your situation and then investigate insurance coverage. Our Car Accident Lawyers also explain our client and No Win No Fee agreement.
Investigation & gathering evidence
The Car Accident Lawyers will meticulously examine all the contributing factors to determine the cause of your accident while you recover from your injuries.
After that, we’ll brief medical specialists to examine you and provide expert evidence reports.
From those reports, Your Car Accident Lawyers will assess the fair compensation that the insurer must pay for how the injury has impacted you and your family at work and at home.
Attendance at informal settlement meeting
Our Car Accident Lawyers will also formulate your damages demand and appoint an out of court meeting to negotiate the resolution of your claim settlement.
Case settled or court proceedings
Statistically, more than 97% of compensation claims are settled out of court.
In many cases, the claim is resolved successfully during the informal settlement meeting, and you will receive compensation to which you are entitled.
In rare cases, if your claim has not been resolved at this stage, Our Car Accident Lawyers will file proceedings in court to get you the compensation to which you are entitled according to law.
What types of accidents are covered by CTP insurance?
All vehicles registered in Queensland carry a policy of insurance to cover compensation. This is called “third-party insurance” or “CTP insurance”.
The companies in Queensland that insure vehicles against such claims include Allianz, RACQ, QBE and Suncorp.
Someone who is injured in a motor vehicle accident as a result of negligence may be able to claim damages (to the extent of their injury) from the third party insurer of the person at fault.
Third-party insurance doesn’t cover property damage to a vehicle (i.e. smash repairs). It only provides coverage for personal injury.
Motor vehicles are covered by policies of CTP insurance in all Australian states and territories. If an accident occurs in another state, the laws and procedures of that state’s motor accident compensation scheme will usually apply.
If the vehicle at fault was unregistered, CTP cover does not apply unless the accident happened on a road or in a public place. Public places include locations like some beaches on which vehicles can be driven.
Sometimes “fault” (or negligence) is attributed to more than one person. For example, it may be distributed between two drivers or a driver and a pedestrian.
If at-fault is attributed in some way to the person injured, this is referred to as “contributory negligence”. These cases may still be covered by CTP insurance.
Other Types of Vehicles
There are certain types of vehicles in Queensland that are not covered by CTP insurance unless the accident happens on a road.
These vehicles include backhoes, bulldozers, front-end loaders, forklifts, cranes, agricultural equipment and amphibious vehicles.
For injuries caused by trailers, special rules apply. In some cases, the CTP insurer is the towing vehicle.
Accidents with work vehicles may require assistance from our workers compensation lawyers. Call our Car Accident Lawyers and we help you today.
How much compensation will I receive for my motor vehicle injury claim?
It all depends on the proportion of liability attributable to the at-fault driver, the extent of your injury and the quality of your evidence.
Someone whose injury has had a significant effect on their quality of life (work, psychological, physical) is entitled to greater compensation than someone whose injury has had a minor impact on their lives.
General damages were intended to compensate you for the pain and suffering you have endured and will endure in the future as a result of your injuries, as well as any permanent disability you’re likely to suffer.
General damages awarded in Queensland have been set at artificially low sums and can be quite trivial in comparison to other States. The most serious injuries such as quadriplegia are awarded around $150,000 and some reasonably serious back injuries are restricted to just $10,000.
- Expenses paid or incurred by you, including medical and pharmaceutical.
- Expenses paid by others. Some of these amounts are required to be collected from the at-fault party and paid back to Medicare, Comcare, WorkCover, DVA, public hospitals and private health funds.
Past Income Loss
You are entitled to claim for any income you have lost as a result of the incident. If you weren’t currently working and the injuries prevented you from looking for work or caused you to turn down job opportunities, you may also be able to claim for those situations.
Future Income Loss
You are entitled to be compensated for any future economic loss you may incur as a consequence of your injuries. If your injuries have resulted in some permanent disability – even to a small extent – you may be at risk of loss of wages in the future.
People who continue to work full-time can still recover future income loss on the basis they are at risk on the labour market when compared to able-bodied job applicants.
Domestic Assistance (paid and unpaid)
Domestic assistance you receive from friends, family members or care professionals following an accident is compensable in many cases – even if you don’t pay for it. It’s important to keep detailed records of any assistance you get from other people if you intend to claim domestic assistance.
For more information on how much compensation you will receive, contact our Car Accident Lawyers and we help you today.
What kind of evidence do I need to keep and collect?
To assist your lawyer with the investigation, it is important to try to do the following:
- Make notes of your recollection of all events relevant to the accident
- Record names and addresses of witnesses
- Take photos and video of the place where you were injured. “A picture tells a thousand words”. Sketches are also helpful
- Take photos and video of any product, equipment or object that injured you
- Take photos of your injuries
- Keep any defective product which caused an injury
- Keep details of your absences from work caused by the injury
- Make a list of visits to doctors, physiotherapists, chiropractors etc for treatment and follow-up visits
- Keep all invoices and receipts for medical, chemist etc expenses
- Record details of assistance provided by friends and family members
- Collect contractual records.
- Collect documents showing your loss of earnings and earning capacity including wage slips, group certificates, income tax returns (for 6 years prior to the accident and each year after), references and resumes
If you’re unsure what evidence you need, contact our Car Accident Lawyers.
Is my claim worthwhile?
Whether your claim is worthwhile depends on the seriousness of your injury and how that affects your employment and lifestyle.
There are some claims that are not worthwhile such as those for trivial injuries, where there is no insurer or the party at fault does not demonstrate significant assets against which a judgment can be enforced.
If you are not sure if your compensation claim is worthwhile please contact us and we will help assess your needs and eligibility for our no-win no-fee service.
Carter Capner Law offers specially tailored services in connection with severe brain injury and spinal injury accidents for children and adults to help formulate comprehensive loss statements that include individualised damages components that make up multi-million dollar claims.
Do I have to go to court for my compensation claim?
In most cases, car accident claims are resolved before any court proceedings with a personal injury settlement. However, if your claim does go to trial, you may only need to attend if your presence is required to determine the outcome of the case.
In some cases eg interim applications for payment of rehabilitation expenses, your car accident lawyers may be able to attend on your behalf.
Are there any time limits for making a claim after an motor vehicle accident claim?
Strict time limits apply to all car accident claims. A Notice of Accident Claim (NOAC) must be sent to the insurer of the at-fault party within one month of the first consultation with your lawyer (which typically includes the date of your first telephone discussion) and no later than:
- In the case of an unidentified vehicle being at fault – within 3 months of the date of accident- see below;
- For any other identified vehicles, within 9 months of the date of accident.
If you fail to lodge your claim on time, you may still qualify for compensation. There is provision for extending these time limits if you’re able to provide a reasonable excuse when submitting your NOAC which our car accident lawyers can help with.
As well as the 3-month and 9-month time limits, most claims have an absolute cut-off of 3 years from the date of the accident.
Different time limits may apply to children and persons under a legal incapacity (e.g. unsound mind). If you’re unsure whether you are within the time limit to make a claim, get in touch with our Car Accident Lawyers today and we can assist you.
Can I get compensation if the at fault vehicle was unregistered or I don't have its details or registration number?
Yes but there are special procedures and time limits that apply to unregistered and unidentified at-fault vehicles.
Claims of this type are brought against the default insurer that goes under the name Nominal Defendant.
The time limit for giving a Notice of Accident Claim to the Nominal Defendant for an unidentified vehicle e.g. in a hit-and-run, is three months. This can be extended up to 9 months if there is a reasonable excuse for the delay but cannot be extended at all after that time.
In the case of unregistered at fault vehicles, the Notice of Claim must be given at least within 9 months of the accident date but if there is a reasonable excuse for the delay, this can be extended.
In all cases (except for children), proceedings must be started in court within three years of the accident date. Limitation period for children is up until the 21st birthday.
For claims relating to unidentified vehicles, there must be reasonable attempts made to ascertain its identity e.g. a report to the police, taking down names and contact details for eyewitnesses and taking down vehicle registration numbers if possible.
Your unidentified vehicle car accident lawyers will be able to help.
How long will my car accident compensation claim take?
After you’ve submitted the CTP claim, the insurer will decide whether they’ll accept or deny fault. It varies from case to case but it is important to note that finalising a claim too fast may be detrimental as the assessment of all your losses may not be assessable during early stages.
Also, some claims may take a little longer for several reasons:
- Your injuries are too early to determine, a stabilisation period may be in effect.
- There may be instances where there are difficulties in negotiations between the insurer and our car accident lawyers.
- There are delays in the court process.
Every claim is unique and can have its own difficulties and complexities. We ensure you get the best outcome and receive the compensation to which you’re entitled in accordance with the law. Give our Car Accident Lawyers a call today.
What if I was 'at fault', am I still able to claim compensation for injuries?
If you are unequivocally ‘at fault’ for the car accident or no one was ‘at fault’ you may not be able to claim CTP compensation. You can though in many cases, claim on your own insurance such as that associated with superannuation and income protection.
If you are seriously injured due to a car accident and it occurred after 1st July 2016, you may also be able to access support, care and treatment through the National Injury Insurance Scheme Queensland. For more information on whether you are still able to claim for compensation if you were ‘at fault’ email or call our expert Car Accident Lawyers.
What if I was a passenger of a motor vehicle accident, am I able to claim compensation?
If you are a passenger of a motor vehicle accident and you sustained any injuries, please speak to car accident lawyers and see if you have a case. In most cases, you will have a good claim for the injuries sustained.
Call or email today to get expert advice from the car accident lawyers injury experts at Carter Capner Law.
Can I claim compensation for Whiplash?
Many people experience whiplash or soft tissue injuries from rear-end collisions and many other car accidents. Whiplash injuries could be significant and the cost of rehabilitation and physio can be costly.
We are here to help our clients recover all losses and damages that result from car accidents across Queensland.
Call or email today to get expert advice from the car accident lawyers injury experts at Carter Capner Law.
Can I recover repair costs will hire charges for a replacement vehicle while my vehicle is off the road?
If your motor vehicle was damaged or written off, we can help you recover the cost of the repairs or replacement value of the vehicle from the comprehensive insurer of the at-fault-vehicle.
The insurer must compensate you for the loss of any special attributes of your damaged vehicle, something very important to collectors or if the vehicle has been specially modified, painted or fitted.
It also must pay the market rate hire charges for a replacement vehicle of a similar standard for the entire period your car is off the road.
Wehelp you recover the these losses.
Get expert advice from the car accident lawyers experts at Carter Capner Law.
Types of injuries that can result from a car accident.
If you have been involved in a motor vehicle accident, it is important to obtain legal advice promptly because strict time limits apply to compensation claims.
Head and brain injury.
Spinal and neck injury.
Soft tissue injury.
Upper and lower limb injury.
Ankle, knee and wrist injury
Shock, anxiety and depression.
The CCL method
Our Car Accident Lawyers will quickly review the circumstances of your case to determine your prospects of a successful personal injury claim. And once we have approved your case the claim is started quickly following the CCL method
Assemble the initial information you are able to provide
Proper case preparation demands meticulous attention to detail. That's why right from the start, we collect all the facts and continuously verify them with you and other sources. Constant updates to your comprehensive statement will ensure everyone - you, us, medical specialists and barristers - stay precisely on the same page.
Prepare initiating Claim Notice.
Once sufficient facts have been collected and the identity of the at-fault party confirmed, and initial Claim Notice can be completed in a way that persuasively asserts the basis and extent of your compensation request.
Keep collecting the facts.
Diligent claim preparation requires a comprehensive understanding of your medical income and employment histories. Our Car Accident Lawyers will obtain records from accident related treatment provided as well as from health professionals who have treated you for any prior conditions. Employment and income records asked also be collected and diligently examined .
Medical investigation of injury.
The extent of accident related injury must be independently verified by medical experts. Because compensation is paid for the permanent effects from an injury, specialist medical assessment is deferred until 9 – 12 months post injury. We'll arrange examinations with appropriate specialists and the insurer of the at-fault party is entitled also to have you examined by its specialists.
Once all information has been collected and medical specialist reports obtained, our Car Accident Lawyers will carefully formulate the "damages" components of your claim demand. The CCL Method requires that every component - general damages, lost wages, expenses you have incurred, the value of past and future domestic care and the value of loss of future earning capacity - is based on authoritative evidence.
After the insurer has considered your damages ask, a settlement conference is arranged to attempt to negotiate a resolution. Although informal, the success of the conference depends on the extent of preparation that has gone before it. Offers will be exchanged and if the insurer is being reasonable, the conference offers a good opportunity to finalise the claim.
Settlement not reached: heading to court
If you are unable to reach an agreement within 60 days after the conference, a Claim and Statement of Claim must be filed in court in relation to your accident. The defendant may then file a Defence and the court process then continues until the dispute is listed for a trial where witnesses are called to give oral evidence and a judge makes a final determination.
What fees do you pay Car Accident Lawyers for car accident compensation?
Carter Capner Law's No-Win No-Fee terms affords fairness to those seeking compensation for personal injury including loss of income and future loss of income earning capacity. No-Win No-Fee - sometimes called "no-win, no-charge" and "no-win no-pay," allows legal representation to a level equivalent to that of the insurance company that will be resisting your payout. Essentially No-Win No-Fee terms provide that fees and case expenses are only payable when the claim is finalised and only if it is successful.
Court Filing Fees
Medical specialist consultation & report fees
Medical records collection fees
Expert report fees
Our Car Accident Lawyers will secure the services of a barrister who will also offer No-Win No-Fee terms
Police Report Fees
Government agency search fees
Freight & courier
Carter Capner Law QLD Compensation Lawyers.
Get in touch with us
Subscribe now to receive our monthly eNews directly to your inbox.