Have you suffered a personal injury in Queensland as a result of a traffic accident?
If so, you may be entitled to compensation claim under the states ‘fault’ based Compulsory Third Party (CTP) scheme. Book a consultation with Brisbane accident lawyer David Taylor as soon as possible, as there are strict time limits for making a claim.
CTP insurance provides motor vehicle injured owners, injured drivers, injured passengers, injured pedestrians, injured cyclists and other injured parties with an insurance policy for personal injury caused by, through or in connection with the use of an insured motor vehicle to which the Motor Accident Insurance Act 1994 applies.
CTP insurance, rather than the person who caused the injury, covers the costs of defending the claim and any settlements or judgments. The scheme focuses on rehabilitation of injured persons and places certain obligations on insurers and claimants.
Personal injury includes, but is not limited to:
- Physical injuries: such as lacerations, fractures, burns, whiplash;
- Psychiatric or psychological disorders: such as stress or depression;
- Aggravation of a pre-existing conditions; and
- Death (claims by dependents or estates).
Given the scheme is fault based, it requires an injured person to establish negligence, or part negligence, against an owner or driver of a motor vehicle before an injured person can obtain compensation. You may still be entitled to compensation if the accident was partly your fault.
If you are unsure who caused the accident or who was negligent, call us on (07) 3229 1266 and speak to our car accident lawyers, as each case has a different set of circumstances and, as such, an assessment must be done on case by case basis.
Motor Vehicle Accidents Defined
The law defines a motor vehicle as a vehicle which is required to be registered. This includes a car, van, ute, motor bike, truck, and a trailer.
Through or in connection with the use of a motor vehicle, a motor vehicle accident can include (but is not limited to):
- a driver or motorcycle rider suffering personal injury due to another motor vehicle;
- a passenger who suffers personal injury in any accident;
- a cyclist who suffers personal injury due to a motor vehicle; or
- a pedestrian who suffers personal injury due to a motor vehicle.
Who You Can Claim Against
Taylors Solicitors provides representation to civil claimants against the Compulsory Third Party (CTP) Insurer of the vehicle which caused the accident, not the driver of the vehicle involved in the accident. An infringement notice may be issued by the Department of Transport and Main Roads or the Queensland Police Service separately of any civil claim.
We act against the following Queensland registered CTP Insurers under the statutory insurance scheme:
On 1 January 2014, Insurance Australia Limited (trading as NRMA Insurance) ceased trading as a CTP insurer in Queensland. NRMA will continue to manage and we at Taylors will continue to provide representation to claimants for claims under any policies that commenced with NRMA before 1 January 2014.
Taylors Solicitors also provides representation to plaintiffs (claimant) in actions against uninsured or unidentified motor vehicles through the Nominal Defendant scheme.
If you are involved in an accident with an interstate based registered motor vehicle, it may be necessary to bring a claim against an interstate or Commonwealth self-insurer, including;
Please note this is not an inclusive list. If you are unsure of the insurer of the vehicle or alternatively the insurer is not on the list, please contact us and we will undertake further enquiries on your behalf.
The Compensation Process
Claims are begun by filing a Notice of Accident Claim form with the relevant CTP insurer. We at Taylors can assist with the drafting of the form. Claims for personal injury may include damages for;
- Compensation for your physical injuries, including general damages for pain, suffering and loss of enjoyment of life;
- Compensation for the financial loss you have suffered due to the accident, including lost wages and superannuation as well as special damages including medical, rehabilitation and pharmaceutical expenses;
- Compensation for the financial loss you will suffer in the future, including how much you would have earned in wages and superannuation if you had not been, future medical, rehabilitation and pharmaceutical expenses; and
- Past and future gratuitous services including care; and
- Legal Costs.
The Motor Accident Insurance Act 1994 encourages resolution of claims by a negotiation process, including attendance by the claimant and insurer at a compulsory conference. We at Taylors will guide you through this process and carefully explain the options available to you at each stage of the process.
Negotiation is not limited to the compulsory conference and the matter can be resolved at any time after a claim is lodged. It’s only after the parties have exhausted the negotiation process, and exchanged mandatory final offers at the compulsory conference will the need to issue proceedings in the Magistrate, District or Supreme Court arise.
In more than 99% of cases, the claim is resolved by settlement rather than by a judgment of a Court. The time it takes reach a settlement varies depending on the circumstances of the claim. In most cases, claims are finalised within 12 to 24 months after an assessment of the injuries occur.
Motor Accident Lawyers Brisbane: Expert Legal Help
We take over matters at any stage in the proceedings anywhere in Queensland, ranging from self-represented claimants to persons dissatisfied with their current legal representation. Should you wish to discuss your claim, please call our offices and speak to Mr David Anthony Taylor.
Although we are based in the Brisbane CBD, we provide representation to claimants in all parts of Queensland, ranging from Mount Isa to Townsville and Cairns to the Gold Coast.
Taylors provide representation in traffic accident claims and compensation law claims on a ‘No Win No Fee’ basis. This means no upfront expenses, and all costs and outlays being payable only at the completion of an injury claim.
Legislation in Queensland imposes strict time limits on motor vehicle compensation claims so it is essential you consult a solicitor as soon as possible to discuss your situation.
If you are interested to learn more information about Taylors Solicitors Legal Services or you want to review judgments or cases we have been involved with, please call us on (07) 3229 1266 to speak directly to our Brisbane traffic accident lawyers.