The laws around motor vehicle accidents in Queensland are different to other states. As such, there may be confusing elements to the claims process.
At Gouldson, we’ve had decades of experience helping Queenslanders navigate the world of motor vehicle accident compensation claims. This means we know a thing or two about how the claims process works.
What are motor vehicle accident compensation claims?
Motor vehicle injury claims cover a wide range of accidents and injuries sustained on the road. This is not just injuries to drivers of cars, but also includes:
Essentially, if you have been injured on the road through no fault of your own, you may have grounds for a damages claim.
What is included in a motor vehicle injury claim in Queensland?
Your claim could include:
- The cost of medical treatment
- Ongoing rehabilitation
- Loss of income (past and estimated future)
- Cost of care and support services
- General damages (pain, reduction in quality of life)
- Other expenses – depending on your individual situation as can be proved to have been caused by the accident.
Ultimately, it will be your individual circumstances that will determine what you’re able to claim. Just as no two people or injuries are the same, neither are two injury claims.
What is the average compensation payout for motor vehicle injuries?
The average claim figures provided by the Motor Accident Insurance Commission is $104,979.
Despite this, it is difficult to provide an average compensation payout amount for your specific claim. This is because every motor vehicle injury claim in Queensland is unique, and contingent on the circumstances of you and your injury.
If you have been injured on the road through no fault of your own and are wondering if you are eligible for a claim, a lawyer from Gouldson may be able to assist. We’ll do our best to calculate your entitlements based on the information of your claim and medical evidence.
A Gouldson lawyer may be able to help you seek compensation for:
- Treatment and rehabilitation costs – you may be eligible to have these costs covered by the insurer, making sure you aren’t out-of-pocket during the compensation claims process.
- Lost income and superannuation – if you are unable to work due to your injury, this will be included in your motor vehicle accident injury claim.
- Any other expenses incurred as a direct consequence or the injury and its symptoms.
So, to get a better understanding of what you’re entitled to, you may want to consider getting in contact with Gouldson. We’ll review your case for free and let you know whether lodging a claim is in your best interests.
Can I lodge a claim for motor vehicle accident compensation?
You may be able to make a claim if you were involved in a motor vehicle accident that was the fault of another vehicle owner or driver.
If you were involved in a hit and run accident, and cannot identify the vehicle that caused the accident, you may still be able to claim. Moreover, if the at-fault vehicle was not registered or uninsured, you may still be able to claim. There are incredibly strict time limits for claims regarding unidentified vehicles, so you MUST act quickly or risk losing any opportunity to claim.
We recommend getting in contact with a motor vehicle accident lawyer for a more detailed assessment of your eligibility.
How long does compensation take after a car accident?
The time it takes to complete the compensation claims process will vary for each individual case. In short, there are too many variables at play to offer an accurate estimate as to the claims process timeframe.
What we can guarantee is that Gouldson will always look to resolve your claim as efficiently as possible.
To best position yourself for a quicker claims process, ensure you lodge your claim as soon as possible, keep accurate and detailed records at hand and provide your lawyer with whatever information they need as promptly as you can.
How do CTP claims work in Queensland?
A CTP (Compulsory Third Party) claim is made against the insurer of the at-fault driver. You may be able to make a CTP insurance claim in Queensland’s scheme if you or your family are injured in a motor vehicle accident in Queensland that was the fault — completely or partially — of another vehicle driver.
According to the Motor Accident Insurance Commission, there are 8 steps to settling your CTP insurance claim.
- Complete & submit claim: gather all the information you need to complete and send your CTP claims form to the insurer.
- Lodgement confirmation: the insurer will advise you within 14 days after receiving your claim whether the claim is compliant, and they will offer to pay for appropriate rehabilitation.
- Rehabilitation & treatment: continue with any approved rehabilitation and treatment recommended to you by a healthcare professional.
- Liability assessment: the insurer will make a decision on liability within 6 months of receiving your claim (usually decided earlier in straightforward cases).
- Insurer obtains information: the insurer obtains records and information (i.e. from a doctor, hospital or employer) that help them to assess your compensation. While they are going this, your lawyer does the same.
- Injury stabilised: your injury has resolved or is stable, and the permanent consequences of your injury can be assessed and reported on by a doctor.
- Claim negotiation: you negotiate with the insurer over the settlement value of your claim.
- Claim settlement: the final stage of the process where your claim is settled.
Understandably, this process is not straightforward or easy to deal with — especially if you are also dealing with injury or trauma. That’s why it may be worth considering a lawyer to guide you through the process.
How much compensation will I get for a car accident injury?
It is impossible to guarantee an exact dollar amount for your damages claim. This is because there are several variables that determine the amount you may be able to claim. Moreover, it is a definite red flag if the lawyer you are dealing with tries guarantees an exact amount.
This is because there are several personal factors that will affect your compensation amount, including:
- the injury and its impact on your circumstances
- your personal salary
- the extent of time away from work or on restricted duties
- any lost superannuation or other benefits
- treatment and rehabilitation costs
- reduction to your quality of life, and your capacity to work in the future.
In saying this, a good motor vehicle injury lawyer will be able to give an estimate on the damages you could claim subject to ascertaining all of the above information.
At Gouldson, we’ll take the time to listen to the specifics of your claim, to understand and appreciate the impact the injury has had on your employment, and your life in general. From there, we will be able to further guide you on the next steps.
Can you claim for pain and suffering in a car accident?
‘General damages’, refers to the compensation you receive for loss of quality of life, including pain and suffering.
Pain and suffering damages are payable for both mental and physical injuries, and allowances under this head of damage include:
- The nature of and extent of symptoms caused by the injury/ies
- The extent of permanent impairment attributable to the injury
- The extent of interruption on social activity
- Your loss of enjoyment of life.
Obviously, calculating for pain and suffering can be quite subjective, and it is highly regulated in Queensland cases by the relevant legislative provisions. Therefore, to make the process simpler, it may be worth considering enlisting the help of a qualified personal injury lawyer.
Why should I choose Gouldson?
Ultimately, it is your decision who you choose to represent you. Moreover, we always recommend doing your own research when it comes to choosing a motor vehicle accident compensation lawyer — or any lawyer for that matter.
Despite this, we think we’re definitely worth considering, for a few key reasons:
- No Win, No Fee. At Gouldson, we’ll only charge you if your claim is successful. We don’t win? You don’t pay – it’s that simple.
- Lower fee cap. While other lawyers may charge you up to 50% of your settlement sum, Gouldson caps its fees at 30%.
- We come to you. Understandably, you may not be as mobile after your accident as you once were. That’s why we’re happy to come to you to discuss your case, or to talk over the phone.
- Free case review. If you aren’t sure where to start, you can have your case reviewed for free by one of our qualified lawyers. All you need to do is scroll down to the below form and get started.