Compensation for a Motor Vehicle Accident – ‘No Win, No Fee’ Legal Services
Whether you are a driver, passenger, pedestrian, cyclist, or motorcyclist, we can lodge a compensation claim for you if your injury has been caused by someone else.
We usually act on a ‘no win, no fee’ basis, which means that you only pay our fees if you receive a settlement or compensation. If your claim is not successful, we do not charge you.
For a free, no obligation consultation, our compensation lawyers can meet you at one of our offices, your home, hospital, or simply by telephone to discuss your legal rights.
For immediate legal help call 1800 621 071.
For a call back within 24-hours, fill in the form and we’ll get in touch.
If you are involved in a car accident, Attwood Marshall Lawyers may be able to assist in gaining compensation. Find out if you have a claim.
We provide a complimentary, no-obligation consultation.
Find out more about compensation
To commence your claim, you will need to:
- Obtain legal advice;
- Report the accident to police (if police did not attend the scene);
- Complete and serve a Notice of Accident Claim Form on the CTP insurer of the vehicle/driver at fault;
- Obtain a CTP medical certificate from your GP to be served on the CTP insurer with the Claim Form.
We can assist you with each of the above steps. For immediate legal help, call 1800 621 071. For a call back within 24-hours, fill in the form above and we’ll get in touch.
For a standard 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/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 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 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 (ie. on the date of their 21st birthday).
Because strict time limits apply, it is imperative that you obtain legal advice as soon as possible.
Anyone who has suffered injury in a motor vehicle accident in Queensland due to the negligence of another party can make a claim. This includes pedestrians, passengers, drivers, motorcyclists and cyclists. It also includes the spouse and dependants of anyone who suffered fatal or catastrophic injuries in a motor vehicle accident.
You can claim compensation for losses incurred as a result of your physical and/or psychological injuries. Depending on the circumstances, lump sum compensation for injuries suffered in a motor vehicle accident can include:
- General damages, pain and suffering;
- Medical treatment costs (including surgery, hospitalisation), rehabilitation, medication, travel costs;
- Past care and assistance provided by relatives/others for things like domestic chores, cleaning, gardening, yardwork, driving, home maintenance;
- Future care and assistance;
- Paid/commercial care (eg paid cleaner, gardener, etc);
- Future paid/commercial care;
- Past income/wage loss, interest, and super;
- Future income/wage loss, and super;
- Aids, equipment, wheelchairs, prostheses;
- Home modification costs;
- Rehabilitation, employment services provider, and/or return to work costs;
- Future treatment costs, rehabilitation, medication, travel costs.
Additionally, depending on the value of the claim, the CTP insurer may be required to contribute a significant portion of the injured person’s legal fees and evidence costs.
Motor vehicle injuries include those incurred with the involvement of a bus, bike, train, motorcycle, car, truck or other motor vehicle.
If you’ve been injured in a motor vehicle accident due to the negligence of another person, a lawyer can help you obtain all the compensation and damages to which you are legally entitled.
You are eligible to make a claim if you are pedestrian or cyclist. Lawyers can make a compensation claim behalf of the following claimants:
- A pedestrian injured by a vehicle
- A cyclist injured by a vehicle
- Suffering a whiplash injury as a result of a vehicle accident
- Injured while driving a vehicle
- Injured while being a passenger in a vehicle
- Injured in a motor vehicle accident involving livestock on the road
- Injured on public transport
It’s important you contact a lawyer as possible to help you to determine whether you are eligible to make a compensation law claims.
The amount of compensation you can claim depends on many different factors:
- The type, nature, severity and permanency of your injuries;
- The various opinions expressed by your treatment providers, medico-legal assessors, liability experts, witnesses and similar;
- Your age;
- Your income/employment history/financial records;
- The effect of your injuries on your earning capacity;
- How much you have and will lose in income due to injury;
- Your likely future treatment, medication and rehabilitation costs;
- How much care and assistance you need (from relatives and/or paid providers);
- How much you have and will need to pay in the future out of your own pocket;
It is impossible to provide an accurate estimation as to the value of a claim until the claimant’s injuries are deemed medically stable and the claimant has been assessed by independent medico-legal assessors (who provide reports which detail the likely effects of the claimant’s injuries on all aspects of the claimant’s life). Once that evidence is to hand, an assessment of the value of a claim can take place.
If an ‘at-fault’ vehicle cannot be identified, is unregistered, or not covered by CTP insurance, your claim can be made against the Nominal Defendant.
Strict time limits apply to Nominal Defendant claims. A claim against the Nominal Defendant must be served within 3 months of the accident or a reasonable excuse for delay is required. The compliant claim must be served within 9 months of the accident or the claim will be statute barred and you will be prevented from making a claim after that date.
It is critical to obtain legal advice as soon as possible.
Whilst an injured claimant is waiting to resolve their lump sum compensation claim with the insurer, they often receive ongoing medical treatment and rehabilitation costs paid for by the CTP insurer. In circumstances where the CTP insurer admits liability for the accident (which it must do within 6 months of receiving a compliant claim form), the insurer is required to fund all treatment and rehabilitation costs on behalf of the injured claimant as the claim progresses. The CTP insurer admits liability in the majority of cases – often only 1-2 weeks after the lodgement of the claim form.
If the CTP insurer denies liability, the insurer will not fund treatment and rehabilitation costs over the course of the claim.
The CTP insurer is not required to pay weekly payments or income loss payments over the course of the claim. Rather, if the claim is successful, the CTP insurer will backpay the injured person for all income loss (including interest and super) that was incurred by the claimant as a result of their injuries as at the time of the settlement.
The vast majority of motor vehicle compensation claims in Queensland are settled out of court. Most claims are settled informally with the insurer, or at settlement conferences.
The length of a compensation claim depends on how long the injured person’s injuries take to stabilise and what the claimant and insurer’s attitude is towards settlement rather than litigation. Generally, a claim will take 12-18 months to settle unless the claim is complicated or involves quite severe injuries.
Our Compensation Law team will assist you with your claim and ensure you know about your rights and entitlements.
1. Get in touch
Tell us your story, we’re here to listen
Our expert legal team meet for the initial consultation
We will manage all discussions with the insurer
We will process your payment as soon as we receive it
What does ‘No Win, No Fee’ mean?
We cover all the costs of your claim, including all medical experts and Barristers, until it’s successful conclusion.
At settlement, or when you have received a favourable judgment from the court, we will be paid a reasonable fee for our legal work.
This fee is in accordance to an agreement we make with you, prior to commencing your compensation law claim.
In the highly unlikely event that your case has been unsuccessful, or no compensation has been recovered from the opponent insurance company or self-insurer, you will not be required to pay us anything.
Need to switch lawyers?
Many clients seek out Attwood Marshall Lawyers after having already started a compensation claim with a different lawyer. We offer a complimentary, no obligation consultation.
If you meet with us and decide to transfer your file to Attwood Marshall Lawyers, you will remain liable to pay your previous lawyers fees up until that point of transfer – but only from the successful resolution of the claim at the end.
You would be required to sign a file transfer authority which enables the previous firm to transfer your file directly across.
If you’re wondering if you qualify for compensation or would like to talk to someone then get in touch with us now. Just enter your details in the form below, and we’ll give you a call to book you in for your free consultation. We’ll then talk you through your situation, and determine what and how much you can claim.