Motor Accidents
We handle claims for car accidents, truck accidents, pedestrian accidents, bicycle accidents, motorbike accidents, coach accidents and bus accidents. We act for passengers and/or drivers.
We conduct claims for fractures, soft tissue injury, disc injury, burns, amputations, paralysis, quadriplegia, emotional trauma, psychiatric disability, bruising, eye injuries, hearing loss, toxic exposure, back injuries, wrist injury, head injuries, knee injuries, neck injuries and shoulder injuries, broken bones, breaks and dislocations.
Claims can be made for the injured person, family members, bystanders (for nervous shock) and surviving family members in the case of a death.
Damages are available for expense recovery, lost income, loss of future earning capacity, paid and unpaid recuperative assistance,pain & suffering, loss of enjoyment of life and other losses dependant on your personal circumstances.
Persons injured in motor accidents as a result of the fault or negligence of another person in one of the following situations can claim damages to the extent of their injury from the third party insurer of the vehicle/s at fault:
- The driving of a motor vehicle; or
- Action taken to avoid a collision; or
- A vehicle running out of control; or
- A defect in a vehicle causing the vehicle to run out of control.
All Queensland registered vehicles carry a policy of insurance in respect of personal injury caused by, through or in connection with the vehicle. Companies in Queensland which insure vehicles against such claims. This is called "third party insurance" or "CTP insurance". These insurers are Allianz, RACQ, QBE and Suncorp. Third party insurance does not cover property damage to a vehicle (ie smash repairs). It is only coverage in respect of personal injury.
In all other states and territories of Australia, motor vehicles are covered by policies of CTP insurance. If an accident occurs in another state, the laws and procedures of that states motor accident compensation scheme will usually apply.
There are certain types of vehicles in Queensland which are not covered by CTP insurance unless the accident happens on a road. These include backhoes, bulldozers, front-end loaders, forklifts, cranes, agricultural equipment and amphibious vehicles.
For injuries caused by trailers, special rules apply. In some cases the CTP insurer is the towing vehicles insurer unless the trailer is separately registered. In other cases the insurer is taken to be the Nominal Defendant.
An accident in which you sustain an injury must be reported to the Police. A claim cannot be commenced until the accident has been reported and the police give you a Traffic Incident Number (TIN).
If a vehicle at fault was unregistered, CTP cover does not apply unless the accident happened on a road or in a public place. Public places include locations like some beaches on which vehicles are commonly driven.
Sometimes "fault" (or negligence) is attributed among persons ie between two drivers or a driver and a pedestrian. If fault is attributed in some way to the person injured, this is referred to as "contributory negligence".