{"id":259,"date":"2017-01-22T13:00:18","date_gmt":"2017-01-22T13:00:18","guid":{"rendered":"http:\/\/palmerscompensationlawyers.com.au\/?page_id=259"},"modified":"2017-04-14T18:57:18","modified_gmt":"2017-04-14T18:57:18","slug":"have-you-been-hurt-in-a-motor-vehicle-incident","status":"publish","type":"page","link":"https:\/\/palmerscompensationlawyers.com.au\/index.php\/have-you-been-hurt-in-a-motor-vehicle-incident\/","title":{"rendered":"Have You Been Hurt in a Motor Vehicle Accident?"},"content":{"rendered":"

Palmers Compensation Lawyers are experts in all aspects of personal injury law, including motor accident claims. If you have questions about bringing a motor accident claim, feel free to contact us on 1300 388 383<\/strong><\/span> for FREE legal advice<\/strong> about your case, or you can Request\u00a0a FREE Case Appraisal <\/a>via one of our request\u00a0forms on our website, for an instant response.\u00a0\u00a0<\/span><\/p>\n

Your enquiry will be taken by an Expert in motor vehicle accident claims, who has previously worked for and been trained\u00a0in motor accident injury claims by Queensland’s major Compulsory Third Party motor vehicle insurer.\u00a0<\/span><\/p>\n

Our Expert is available to you 24 hours a day<\/strong>, and your consultation will be CONFIDENTIAL<\/strong>,\u00a0FREE<\/strong> of charge\u00a0& there’s\u00a0NO OBLIGATION<\/strong>.<\/span><\/p>\n

Below, you will find important information about what constitutes a motor accident claim, your compensation entitlements and information you need to know to ensure your motor accident claim is protected.<\/span><\/p>\n

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WHEN DO I HAVE A MOTOR VEHICLE ACCIDENT CLAIM?<\/strong><\/span><\/h2>\n

If you have suffered personal injury as a result of a\u00a0car\u00a0accident or incident involving a motor vehicle, caused by the fault of another, then it is very likely you will have a Compulsory Third Party motor accident claim under the Motor Accident Insurance Act <\/em>1994<\/a>.\u00a0 If so, you will be entitled to\u00a0compensation for your pain and suffering and any resultant loss and damage you have sustained because of your accident injuries.<\/p>\n

Even if the motor vehicle accident or road\u00a0incident causing your injuries was partly your fault, you may very well still have a worthwhile claim to pursue.<\/p>\n

Unlicensed Driver\u00a0\/ Stolen or Unregistered Vehicle<\/span> <\/i><\/span><\/h3>\n

If you are concerned that, at the time of the accident,\u00a0the at-fault vehicle was stolen, or its driver was unlicensed,\u00a0you need not be, as\u00a0this does not negate your right to\u00a0bring a motor\u00a0vehicle accident claim against the insurer of the at-fault vehicle.\u00a0And if the\u00a0vehicle causing the accident was\u00a0unregistered, as long as the accident occurred on a road, you will still have a car accident claim to pursue against the Nominal Defendant, a government\u00a0body that acts as the insurer in such case.<\/p>\n

Unidentified at-fault vehicle<\/em><\/span><\/h3>\n

Similarly, in cases where the vehicle responsible for the accident is unidentified, the Nominal Defendant will step in to act as the insurer, so you can still bring a motor accident claim for injury\u00a0compensation even where you do not know the identity of the at-fault vehicle.<\/p>\n

Failure to wear\u00a0a seatbelt or helmet <\/em><\/span><\/h3>\n

And if you are concerned you do not have a motor accident claim because you were not wearing a seatbelt or helmet as required at law at the time of the accident, then again, you need not be, as this does not negate your right to claim compensation. It may however reduce your injury compensation amount if it is shown that your injuries would have been lessened by the use of the unworn seatbelt or helmet.<\/p>\n

WHO PAYS FOR MY MOTOR ACCIDENT CLAIM?<\/strong><\/span><\/h2>\n

Every car, truck, motorcycle and all other motorised vehicles being driven on roads in Queensland, and throughout Australia,\u00a0are required to be registered.\u00a0 Part of the registration payment you make when registering your vehicle annually, is to provide for\u00a0Compulsory Third Party Insurance (CTP Insurance)\u00a0on\u00a0your vehicle with a CTP insurer in Queensland. This\u00a0CTP Insurance\u00a0operates to insure you, and any driver of your motor vehicle, against personal injury claims arising from the wrongful or negligent\u00a0operation of\u00a0your vehicle.<\/p>\n

CTP Insurance also ensures that all those injured on our roads due to the wrongful act of another, will be able to claim compensation for their injuries against an insurance company, able to meet the cost of their\u00a0personal injury claim.<\/p>\n

The CTP Insurer pays for your personal injury compensation – NOT the driver<\/em><\/span><\/h3>\n

So if you’re injured in a car, truck, motorcycle, bicycle or pedestrian accident, caused by the fault of another, you can claim injury compensation against the at-fault driver, and it is the\u00a0CTP insurance company\u00a0of the at-fault vehicle that will be required to pay for any personal\u00a0injury compensation or damages you are entitled to\u00a0under your motor accident claim – not the driver<\/strong>.<\/p>\n

Where\u00a0a friend or relative is the at-fault driver – the CTP insurer pays for your claim, NOT the driver<\/em><\/span><\/h3>\n

This is\u00a0usually a huge relief for those injured in car accidents where their friend or family member is the at-fault driver, because they do not have to\u00a0worry that their friend or relative will be paying for their personal injury compensation should they bring a motor accident claim. It is the CTP insurer of the at-fault vehicle that will be required to meet any compensation payment, and NOT their friend or relative.<\/p>\n

The Nominal Defendant acts as the CTP Insurer where the vehicle is unregistered or unidentified<\/em><\/span><\/h3>\n

And in cases\u00a0where the at-fault vehicle is unregistered or cannot be identified, and there is therefore no CTP insurer, as\u00a0indicated above,\u00a0the Nominal Defendant <\/a>is a government body that has been specifically set up to step in and act as the CTP insurer in such cases.<\/p>\n

SHOULD I BRING A MOTOR VEHICLE ACCIDENT CLAIM?<\/strong><\/span><\/h2>\n

Motor vehicle accidents give rise to a variety of injuries, from minor jarring injuries to catastrophic injuries involving brain trauma, amputation injuries, serious internal injuries\u00a0and paraplegia.<\/p>\n

If you have suffered serious injuries in a motor vehicle accident,\u00a0you really have little option but to\u00a0bring a motor accident claim so that you are fully compensated for your pain and suffering and loss of amenities of life, loss of earning capacity,\u00a0and the significant ongoing medical and care costs you will most likely incur into the future because of your injuries.<\/p>\n

In the case where injuries sustained in a motor vehicle accident are considered minor, then often people are uncertain as to whether they should bring a motor accident claim or even if they have a claim to pursue. However, minor injuries can be insidious in nature, and what may appear to be a minor injury following an\u00a0accident, can develop into more significant injuries later on, causing chronic pain and permanent restriction in daily living, recreational, domestic and employment activities.<\/p>\n

Whiplash injury claims – even minor whiplash injuries can become major ongoing problems<\/em><\/span><\/h3>\n

A good example of this are Whiplash or jarring injuries to the neck and back. Whiplash & jarring\u00a0injuries are common injuries in motor accident claims. They are caused by the sudden\u00a0acceleration\/deceleration jarring motion that occurs in a car accident on impact. Many believe these types of injuries are minor injuries that will recover with no ongoing problems within a short period following their accident, and don’t consider it worthwhile or necessary to bring a\u00a0motor accident claim. But so\u00a0often this is just not the case.<\/p>\n

As personal injury lawyers we regularly\u00a0see simple whiplash\u00a0and jarring\u00a0injuries to the neck and back\u00a0developing into long term problems for the sufferer, causing recurrent migraines,\u00a0 chronic back and neck pain & spasm, radiating pain and weakness into the shoulders,\u00a0upper and lower limbs, and significant\u00a0interference with movement, mobility\u00a0and functioning, including\u00a0restriction with bending, reaching,\u00a0standing, sitting and walking.\u00a0 Such injuries can even result in the need for spinal surgery within months or years of the accident occurring.<\/p>\n

In fact,\u00a0statistical data from the Motor Accident Insurance Commission (MAIC)<\/a>,\u00a0 Regulator of the Motor Accident Insurance Scheme in Queensland,\u00a0indicates that of the 5,100 motor accident claims in the 2016 financial year, 71% of those claims were for minor injuries\u00a0& 61% were due to neck & back injuries.<\/p>\n

Don’t rely on self-assessment of your injuries – minor injuries can become major injuries later on<\/em><\/span><\/h3>\n

If you have suffered any\u00a0injury in a motor vehicle accident, whether you consider it to be minor or serious,\u00a0you should take steps to investigate whether you have a motor accident claim to pursue.\u00a0Don’t assess your injuries yourself and place yourself and those who rely upon you at risk by not bringing a claim and then being unable to do so when your injuries deteriorate over time.<\/p>\n

Palmers Compensation Lawyers are experts in motor vehicle accident claims. We handle all types of motor accident claims, from minor injuries to catastrophic injuries. We can advise you as to whether you have a worthwhile claim to pursue.<\/p>\n

TIME LIMITS APPLY TO PERSONAL INJURY CLAIMS<\/strong><\/span><\/h2>\n

There are strict time limits that apply<\/strong> to bringing car accident claims in Queensland, which if missed, can result in you losing all rights to claim for injury compensation.<\/p>\n

There are also time limits that apply to notifying the CTP insurer or Nominal Defendant of your motor accident claim, which if not complied with, may bar you from proceeding with your claim.\u00a0 In particular, time limits for notifying the Nominal Defendant of your claim in circumstances where the at-fault vehicle cannot be identified are especially strict, requiring proper notice to be provided within 9 months of your accident, failing which, you will\u00a0lose all rights to claim for\u00a0injury compensation.<\/p>\n

Complex legislative procedure must be complied with to ensure your claim is protected<\/em><\/span><\/h3>\n

You should also be aware that\u00a0personal injury claims and how they run, are governed by specific legislation in Queensland. This legislation requires that certain procedure must be complied with before you can proceed with or progress your motor accident claim, or ensure it is protected. These legal processes can be quite complex and time consuming.\u00a0It is therefore important that you take steps to protect\u00a0your motor accident claim as soon as possible\u00a0by seeking legal advice from motor accident claim experts.<\/p>\n

To find out whether you have a motor accident claim to pursue and what you need to do to ensure your claim\u00a0is protected, CALL US<\/strong> on 1300 388 383<\/strong> and we will be more than happy to assist you. Your enquiry is 100% FREE of charge, confidential and there is no obligation.<\/strong><\/p>\n

WHAT INJURY COMPENSATION & DAMAGES AM I ENTITLED TO CLAIM FOR?<\/strong><\/span><\/h2>\n

For the majority of\u00a0people considering bringing a motor accident claim, or any personal injury claim, understandably their foremost concern is what sort of compensation or damages will\u00a0they receive for their claim.\u00a0 Below\u00a0we set out all of the various entitlements you have to compensation and damages when bringing a motor accident claim.<\/p>\n

The CTP Insurer has obligations to meet your reasonable\u00a0rehabilitation & medical expenses during your motor accident claim<\/i><\/span><\/h3>\n

Once you place the CTP insurer (or Nominal Defendant) on notice of your motor accident claim, it has obligations under the Motor Accident Insurance Act <\/em>1994<\/a>,\u00a0<\/em>to provide rehabilitation and medical treatment funding\u00a0for your accident injuries during your claim.\u00a0 Medical and rehabilitation costs can be financially draining following an accident, and it is therefore advisable that you place the insurer on notice of your claim as soon as possible to access this\u00a0funding.<\/p>\n

The type of rehabilitation and medical treatment the CTP insurer is obligated to fund includes such things as pharmaceuticals, medical & specialist\u00a0treatment, counselling, physiotherapy,\u00a0dental treatment, radiology (imaging such as MRIs, Scans & Xrays), surgery & hospitalisation costs,\u00a0prosthetic devices, gym memberships,\u00a0wheelchairs, medical aids & devices for adaptive living, home & vehicle modifications, as well as the provision of care and assistance.<\/p>\n

In some cases of serious injury, the insurer may be required to fund a more appropriate motor vehicle or home, where injuries restrict vehicle or home access.\u00a0And where a claimant is unable to work due to their injuries, the insurer has obligations to aid them financially with lump sum payments whilst they are waiting for their motor accident claim to resolve, so they are able to live comfortably and meet their everyday living expenses. These are known as “Advances on Damages”.<\/p>\n

Workers’ Compensation Claims following a car accident <\/em><\/span><\/h3>\n

If your car accident or road incident occurred whilst you were travelling to or from work, or during a work break, then it is very likely you will also have a claim for\u00a0workers’ compensation through your employer, providing you with wage and medical & rehabilitation\u00a0benefits (also known\u00a0as WorkCover or Statutory Benefits).<\/p>\n

At the end of your workers’ compensation claim, you may also be entitled to a lump sum payment for permanent impairment\u00a0sustained due to your accident injuries. However, any lump sum payment received will have to be reimbursed from your personal injury compensation payment at the end of your motor accident claim.<\/p>\n

Should you have a workers’ compensation claim because of injuries sustained in a car accident, the CTP insurer of the at-fault vehicle is obligated to repay the workers’ compensation insurer for the costs of your workers’ compensation claim that relates to your car accident injuries. So, your employer will not be impacted by your workers’ compensation claim.<\/p>\n

Common Law Damages for personal injuries sustained in a car accident <\/em><\/span><\/h3>\n

The most important compensation entitlements in a motor accident claim are in relation to what we call “Common Law Damages”.\u00a0 This is the compensation that you are due for all the pain & suffering and\u00a0loss & damage you have sustained because of your motor vehicle accident, and includes the following claims:<\/p>\n