Motor Vehicle Injury Lawyers Brisbane

Yes. Roche Legal offers No Win No Fee representation to everyone with a qualifying claim. Contact us for a free initial consultation. We have offices in Brisbane, Springwood, and the Sunshine Coast.

If you have been injured in an accident involving a motor vehicle you can make a claim for compensation– provided the other driver was at fault.

Under the Motor Accident Insurance Act 1994, the claim will be against the compulsory third party (i.e. CTP) insurer of the vehicle at fault. The CTP insurer is also obliged to meet your medical needs during your motor accident compensation claim. If you cannot identify the offending vehicle or their CTP insurer, you may be able to bring your claim against the Nominal Defendant.

If your injury is on the more serious side, a claim may also be made on your superannuation policy under the Total & Permanent Disablement (TPD) scheme.

If you were travelling for work purposes at the time, it is possible that a concurrent Workcover claim can also be made.

Compensation is usually provided for:

• The pain and suffering you have incurred.
• Any past and future loss of earnings you have suffered.
• Any loss of enjoyment of life.
• Medical expenses.
• Gratuitous (unpaid) or paid assistance from others as a result of your injuries.

Property Damage

CTP insurance does not typically allow for the recovery of the damage done to your vehicle, which is known as ‘property damage’.

However, if you have a CTP claim there is a good chance that you may be able to seek compensation from the at-fault party directly, or through their private insurance (such as a ‘third party fire and theft’ or ‘comprehensive’ insurance policy). Our lawyers assist with making the appropriate demands and claims for your damaged vehicle if you have been injured in a motor vehicle accident.

You must be able to show that:

1. the accident was someone else’s fault;
2. they owed a responsibility to you that they did not meet; and
3. you suffered injuries as a result of their actions or inactions.

Anyone who is a passenger in a vehicle is easily able to show that someone else was at fault – even if that person was the driver in their own vehicle.

It is important to remember that in Queensland, when you make a CTP claim against the at-fault party, the CTP insurer is the one who pays the compensation. For example, Roche Legal has proven success in cases where an injured person has made a claim against their family member’s CTP insurer in a single vehicle accident.

Time limit where the offending motor vehicle can be identified

A complying notice of claim must be lodged against the at-fault party’s CTP insurer within the earlier date of either:

• 9 months after the motor vehicle accident; or
• 1 month after your first consultation with your solicitor.

If you are outside of the above time limits, you may still serve your CTP claim however a reasonable excuse for the delay must be provided.

Regardless of whether you have served your claim on the CTP insurer within the time limits, you must also file court proceedings within 3 years or you will lose your right to make a claim. If you are under 18 at the time of the accident, the 3 year time limit begins from the date you turn 18 years old.

Time limit where the offending motor vehicle cannot be identified

A complying notice of claim must be lodged against Queensland’s Nominal Defendant within 3 months. If more than 3 months has passed, you must provide a reasonable excuse for the delay. However, you must serve your claim within 9 months from the date of the accident or else you are barred from making a claim against the Nominal Defendant.

It is very important to contact us quickly if you have been in an accident so that we can protect your right to make a claim.

The offending driver’s CTP insurance company will pay you compensation for your injuries.

If the vehicle is uninsured or unregistered or is unknown, then the ‘Nominal Defendant’ will pay the compensation.

If you are seriously injured, and you have total and permanent disability insurance through your superannuation fund, you may also make a TPD claim in addition to any claim against the CTP insurer.

The amount of compensation you can claim in Queensland will depend on:

• How bad your injuries are
• Your age
• How much you have lost and will lose in wages
• How much care you need
• How much money you have paid and will have to pay out of your own pocket

Once your injuries have been identified, you’ll need to see a doctor to understand the impact these will have on your future work and enjoyment of life. This will usually involve visiting one or more medical specialists and them writing a report to support your claim.

We strive to have motor vehicle compensation claims finalised within two (2) years and often this can be shorter if the claim is not complex.

In the event that someone died as a result of the motor vehicle accident, their living dependants (usually the spouse and children) may also be able to claim for funeral expenses and loss of financial support as a minimum.

When death occurs from a motor vehicle accident, there are usually other claims to consider such as a death benefit claim through their superannuation fund.