Car Accident Lawyers Brisbane

To start your car accident compensation claim, you need to:

• Obtain a police report by reporting the accident to Queensland police (if police did not attend the scene)
• Take photographs or video of the injury and where the accident happened
• Seek medical attention
• Obtain legal advice as early as possible
• Complete and serve an accident Claim Form and CTP Medical Certificate on the CTP insurer of the at fault vehicle/at fault driver

We can help you every step of the way. For immediate help, call our personal injury claims team on 1800 621 071.

If you have been injured in a motor vehicle accident in Brisbane, that was wholly or partially caused by someone else, you can make a claim.

This includes injuries suffered by a driver, passenger, pedestrian, motorbike rider, cyclist or anyone else injured as a result of a motor vehicle collision, or action taken to evade a collision.

You will need to get a medical certificate to support your claim from your own doctor.

To find out whether you are eligible, call us on 1800 621 071.

You can claim a lump sum of compensation for losses incurred as a result of your physical and psychological injuries.

Depending on your circumstances, a motor accident compensation claim can include:

• General damages, pain and suffering;
• Income loss, loss of earning capacity, interest, and superannuation;
• Medical expenses (including future medical costs, surgery, hospitalisation, rehabilitation, medication, travel costs);
• Aids, equipment, wheelchairs, prostheses;
• Employment services provider, retraining, and return to work costs;
• Care and assistance provided by others for personal care (grooming, mobilisation, dressing, showering), domestic chores, cleaning, gardening, yard work, driving, home maintenance;
• Home modification costs;
• Depending on the value of the claim, the CTP insurer may be required to contribute to a portion of the injured person’s legal fees and evidence costs.

The amount of compensation you can claim injuries sustained in a car accident depends on many different variables, such as:

• The nature, severity and permanency of your injuries;
• Your age;
• Your income, qualifications and employment history;
• The effects of your injuries on your ability to earn income;
• Your treatment requirements;
• Your care and assistance requirements;
• The opinions expressed by your treatment providers and independent medico-legal assessors.

Lawyers are unable to provide an accurate estimation as to the value of your claim until your injuries are deemed medically stable and stationary. At this point, you will be assessed by independent medico-legal assessors who provide reports on the effects of your injuries on all aspects of your life.

While an injured claimant is waiting to resolve their claim with the insurance company, they often receive ongoing medical treatment and rehabilitation costs paid for by the insurer. Where the insurer admits liability for the accident, the insurer is required to fund all reasonable and necessary treatment and rehabilitation costs on behalf of the injured claimant as the claim progresses.

The CTP insurer admits liability in most cases – often 1-2 weeks after the claim form is lodged.

If the CTP insurer denies liability, the insurer will not fund treatment and rehabilitation costs over the course of the claim.

The insurer is not required to pay weekly payments or income loss payments over the course of the claim. However, if the motor accident claim is successful, the CTP insurer will backpay the injured person for all income loss (including interest and superannuation) that the injured person incurred as a result of their injuries.

The compulsory third party (CTP) insurance scheme is mandatory for all registered vehicles in Queensland. CTP insurance, also known as compulsory third party insurance, covers personal injuries caused by the at fault driver or at fault vehicle.

The Motor Accident Insurance Commission (MAIC) is the regulatory body that oversees Queensland’s CTP scheme and provides resources for claimants, including claim forms, accident statistics, and reports on claim durations and values.

In most cases, no. The majority of motor vehicle accident claims are resolved without going to court. These matters are typically settled informally or during a settlement conference with the insurer.

However, if your case is particularly complex or if liability is disputed, your lawyer may need to commence court proceedings to protect your rights. Even then, it’s still uncommon for cases to proceed all the way to trial.

The length of a motor vehicle compensation claim depends on how long the person’s injuries take to stabilise and what the parties’ attitudes are towards settling the claim.

Generally, a car accident claim in Queensland will take 12-18 months unless the claim is complicated or involves serious injuries.

Our car accident lawyers Brisbane work on a No Win No Fee basis, which means that we defer your legal fees and we pay your disbursements and evidence costs on your behalf until the end of your claim. If we don’t win your claim, you do not have to pay our legal costs – we waive them entirely.

Yes! Strict time limits apply. If you are involved in a motor vehicle accident it is imperative that you obtain legal advice as soon as possible.  Call us on 1800 621 071.

For a standard CTP insurance claim:

The Notice of Accident Claim Form must be served on the insurer within 9 months of the accident (or date of first symptoms) or a reasonable excuse for delay will be required. The 9-month time limit is usually not fatal to a compensation claim.

For a Nominal Defendant claim:

If the driver/defendant vehicle is unable to be identified (or the defendant vehicle is uninsured or unregistered) then an injured person can still make a claim by serving the Claim Form on the Nominal Defendant. The Nominal Defendant answers the claim as if it is the CTP insurer.

A claim against the Nominal Defendant must be served within 3 months of the accident or a reasonable excuse for delay is required. The claim must be served and compliant within 9 months of the accident or the claim will be statute barred and you will be permanently prevented from making a claim after that date.

Three Year Time Limitation:

A compliant claim form must be served and the claim commenced in court (or otherwise have its time limitation protected) within 3 years of the date of the accident or the claim will be statute-barred and you will be prevented from making a claim after that date.

For minors (under the age of 18), the three-year time limitation does not expire until three years after their 18th birthday (i.e. on the date of their 21st birthday).

If you have been injured in a motor vehicle accident, Attwood Marshall Lawyers is Brisbane’s most trusted personal injury firm to help you with your compensation claim. We have been providing expert legal services throughout Queensland for 80 years and offer:

• No Win, No Fee Guarantee
• Free, no-obligation initial and confidential consultation
• Immediate assessment of your claim
• No upfront costs
• 24 Hour Availability (late nights, weekends, public holidays)
• Home and hospital visits

Our Brisbane car accident solicitors are trained to listen and connect with you to ensure that we understand your story and what is important to you.

We know that making a claim for compensation following a car accident can be a daunting process. Our personal injury lawyers are here to assist you every step of the way. Let us take care of the claims process so that you can focus on your health and wellbeing.