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A crash course in motor vehicle claims

A crash course in motor vehicle claims

Unfortunately, with so many of us dependent on vehicles getting us from A to B, particularly in regional areas where public transport can be non-existent, motor vehicle accidents are a grim reality.

The experience is traumatic enough; the last thing casualties of road accidents need is the financial and emotional stress of being unable to work, mounting medical and rehabilitation costs.

It is reassuring to know if you are injured in a motor vehicle accident and were not at fault, you may be eligible to lodge a compensation claim.

Do I have to be driving a car?

Motor vehicle claims can include any type of motor vehicle including cars, buses, trucks and motorbikes. 

Whether you were a driver, a passenger or a pedestrian in the incident, you may be able to claim for compensation. Plus, there may be different options available. 

Injuries sustained in a motor vehicle accident within the state of Queensland may be eligible for the following compensation claims: 

Compulsory Third Party (CTP) Claim 

Every motor vehicle owner has CTP insurance included in their registration expenses. 

There are three parties to CTP: 

  1. the owner/driver of the vehicle ‘at fault’ 
  2. the insurer (i.e. the elected insurance company) of the vehicle ‘at fault’ 
  3. the injured person 

CTP insurance will cover you for claims made against you by other road users such as drivers, passengers, pedestrians, cyclists, motorcyclists and pillion passengers. 

It is important to note CTP insurance only covers personal injury resulting from a motor vehicle accident and does not cover damage to property or other vehicles. 

National Injury Insurance Scheme, Queensland (NIISQ) 

NIISQ is a no-fault scheme that provides necessary and reasonable lifetime treatment, care and support to those who sustain eligible serious personal injuries in a motor vehicle accident in Queensland. 

Treatment, care and support services include medical, dental and pharmaceutical treatment, rehabilitation, respite care, aids and appliances, prostheses, educational and vocational training, house modifications and ambulance transportation. 

Common Law action 

Under common law you may have the right to sue an individual if their actions contributed to the injury you sustained.

I’ve been injured, now what?

First and foremost, take care of yourself and make sure you have adequately recovered from any immediate injuries.

It is important to understand your available compensation options. Our team can work through assessing the best option to proceed with your claim.

We take care of the ‘legal matters’ including lodging your claim and negotiating with insurers.

Our legal team can represent you during mediation or court hearings and will also negotiate your final settlement claim.

Plus, we only act for clients on a no win no fee basis.  This means that you only pay legal fees if you obtain a successful outcome in your matter and if not, you do not pay any legal fees associated with your claim.

Our motor vehicle accident lawyers are on hand to answer your questions and will work with you to offer support and guidance for your situation, standing by your side during what can be a potentially difficult time.

What compensation do I receive?

Ultimately the court decides on the level of compensation you are entitled to.

The judge will take into account factors including severity of injuries, what income you have lost, how this injury impacts on your future, what expenses have been allocated for rehabilitation and if you need future assistance with day to day tasks or domestic chores.

Working through a compensation claim can be tough. Having ROC Legal on your side makes the road less bumpy.

While we are a boutique firm who treats every client with respect, courtesy and care, we are big enough to be able to handle even the most complex of claims and compensation issues.

Get in touch with our legal team today to find out how to get started with your motor vehicle accident claims with our free consultation service.

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