Motor Vehicle Accidents
July 24, 2015 by Clewett
Motor Vehicle Accident Compensation Claims
Accident compensation may be available if you have been injured in a motor vehicle accident, either from a car, motorbike, bicycle, quad bike, truck or any other type of motor vehicle , and as a result, have suffered whiplash, spinal injuries, back injuries, neck injuries, head injuries, brain injuries, or other injuries.
In Queensland, there are strict time limits that apply to making a claim for personal injuries. For motor vehicle accident public liability claims, you must place the party you consider to be at fault on notice of your claim within 9 months of the injury occurring, or within 1 month of your consultation with a lawyer in relation to your claim, whichever occurs first. If you miss these time limits you have to provide good reasons why you should be permitted to proceed with your claim.
If you have been injured in a motor vehicle accident and you are not able to identify the vehicle that caused the accident, so that your claim for compensation is against the “Nominal Defendant”, then stricter time limits apply to providing a compliant Notice of Claim to the Nominal Defendant.
Your notice period is reduced to 3 months and the Notice of Claim lodged must be compliant with the provisions of the Motor Accident Insurance Act 1994 within 9 months of the accident or you lose all rights to claim compensation.
How to best prepare for your claim
- First things first, take care of your own health, so that all injuries are immediately assessed and treated.
- Next, contact an experienced compensation lawyer so that they can file a claim on your behalf.
- Get a Medical Assessment from your GP as soon as you can after the accident to have any injuries assessed. This assessment should also consider your ability or inability to return to work. Lost income is a potential component of your compensation claim.
- Make a detailed account of the accident. Write it down as a permanent record with all relevant detail.
What not to do
Do not contact the other party or the other party’s legal representation. Leave this to your lawyer.
Also, do not return to work until you are medically cleared by your doctor or appropriate specialist to avoid aggravating any injuries unnecessarily.
For all personal injury claims, our personal injury lawyers offer a free initial consultation to review your case, and give you the opportunity to explore your legal options. Should we agree to proceed, we provide injury compensation services on a no-win no-fee basis.
Contact us on PH: 07 4639 0333 for more information, or to arrange a free consultation about your compensation claim.