Motor Vehicle Accident Lawyers

If you have suffered injuries from a motor vehicle accident in which you were not the driver at fault you may be able to claim compensation. Generally you can claim compensation for any injuries you sustain as a result the accident including both physical and emotional. Lime Lawyers assist people injured in motor vehicle accidents on a ‘no-win no-fee’ basis.

Free Claim Assessment

We can review the circumstances of your case and advise whether you have a potential claim.

NWNF grey - resized 800x560

What is CTP Insurance?

Compulsory Third Party (CTP) Insurance is compulsory for all motor vehicles. It forms part of the Registration Fee that vehicle owner’s pay each year. This ensures their car is registered and that they are allowed to use the public road system.

The benefit of CTP insurance is that if a driver is found to have caused an accident, they are generally not personally liable to pay an injured person’s compensation. Instead the CTP insurer of the driver’s vehicle will usually fund any compensation payable.

It is important to ensure that if you are involved in an accident, you obtain the registration number of all vehicles involved.

What if the vehicle that caused the accident is not identified or not registered?

If a vehicle is unable to be identified (e.g. hit and run), is not registered or if registration has expired there are still avenues for claiming compensation. The Nominal Defendant is a government insurer, which is generally liable to pay compensation to an injured person in these circumstances.

Extremely strict time limits apply to claims involving the Nominal Defendant so do not delay in making an enquiry to protect your claim.

Contact us to ensure your interests are protected within the time limits.

Who can make a claim?

Lime Lawyers can help you if you are injured in the following situations:

  • A driver in an accident caused by another vehicle;
  • A passenger of a vehicle, including your own;
  • Using public transport (e.g. Council bus);
  • A pedestrian hit by a vehicle;
  • A cyclist hit by a vehicle or where the actions of a vehicle cause you to come off your bicycle; or
  • A person in an accident involving a boat or Jet Ski.

Likewise, if a family member or loved one is killed in a motor vehicle accident, their dependents (i.e. husband/wife, children, parents) may have a right to compensation. They may be able to recover the cost of funeral expenses, receive compensation for the loss of their loved one’s income or receive assistance with day to day household activities.

Contact us to discuss whether you have a claim

What type of injuries can I claim for?

Examples of the type of injuries include:

  • Whiplash (neck or back)
  • Neck and back (strains, protrusions, fractures, paraplegia, quadriplegia)
  • Shoulder (strains, tendon tears and fractures)
  • Upper limb (hand, wrist, fingers, elbow, collar bone)
  • Lower limb (feet, toes, ankles, knees, legs, hips)
  • Head and brain (loss of memory, brain damage, dental, eyesight, hearing)
    Internal (Ribs, lungs, spleen, liver, stomach, kidneys)
  • Burns and scarring
  • Emotional (nightmares, flashbacks, PTSD, anxiety, depression, panic attacks)

This is not a complete list of the type of injuries you can claim compensation for. Please contact one of our lawyers to get expert advice regarding your specific circumstances.

WHAT COMPENSATION CAN I CLAIM FOR IN A CAR ACCIDENT?

There are several components (referred to as ‘heads of damage’) that make up someone’s compensation claim.

Generally, these include:

  • Pain and suffering;
  • Past and future loss of income, overtime or other employment benefits (including superannuation). This may include loss of business income or opportunities if you are self-employed;
  • Expenses for medication, treatment, travelling expenses or specialist attendances that you have incurred;
  • Reimbursement for paid assistance, such as cleaning, gardening or pool cleaning;
  • Care and assistance provided by family members or friends such as dressing or showering, household activities, such as vacuuming or meal preparation or the time taken to drive or accompany you to medical appointments;
  • Future medical expenses including medication, physical or psychological treatment or surgery.

Lime Lawyers are experienced in advising on heads of damage. Contact our experts for advice specific to your case.

Please note that CTP insurance does not cover damage to your vehicle or to personal property (such as sunglasses or clothing).

WHAT SHOULD I DO IF I AM INVOLVED IN A MOTOR VEHICLE ACCIDENT?

Should you find yourself in the unfortunate position of being involved in a motor vehicle accident you should do the following:

  1. Check that everyone is okay. If you or someone else is injured call 000 so that the police and an ambulance can attend;
  2. Exchange details with the other driver – name, contact details, registration, driver’s license number, vehicle details (make, model, colour) and insurance details;
  3. Record date, time and location of accident and if possible, obtain contact details of any witnesses;
  4. Take photos of the damage to your vehicle and the other vehicle using the camera on your mobile phone or a camera.

Physical and emotional symptoms may develop in the hours, days and weeks after a motor vehicle accident. It is important that you seek medical attention immediately if you are experiencing any symptoms that may have been caused by your motor vehicle accident so you can be properly examined and treated.

WHO WILL PAY FOR MY MEDICAL TREATMENT IF I NEED IT?

After a motor vehicle accident the ongoing cost of recommended medical treatment can be expensive . Once a motor vehicle accident claim has been lodged and accepted by the relevant CTP insurer they are obliged to fund (or reimburse) the cost of any reasonable treatment or medication required. This includes but is not limited to physiotherapy, chiropractic treatment, x-rays or counselling.

When you are injured travelling to or from work or involved in a motor vehicle accident in the course of your work you may also be entitled to lodge a Workcover ‘journey’ claim as well as the CTP claim.

To understand more about how this works contact Lime Lawyers.

HOW LONG WILL MY CLAIM TAKE?

Generally speaking, most motor vehicle accident claims take between 12 to 18 months to be finalised. Each claim is different and the main determining factor is the time it takes for your injuries to ‘stabilise’.

There is a legal process that must be followed in all cases and time frames associated with each stage of the process. Therefore the earlier you commence your claim the earlier those timeframes commence.

Once we know the circumstances of your case and the severity of your injuries we can provide you with a clearer estimate of the time your case will take . Contact us.

ARE THERE TIME LIMITS?

There are strict time limits that apply to motor vehicle accidents in Queensland. Failure to commence a claim before these time limits expire may cause a loss of your legal right to claim compensation.

In most circumstances, a three (3) year time limit (from the date of your accident) applies to bring a claim for your motor vehicle accident. If you are injured in an accident where an unidentified vehicle is involved (e.g. Hit and run) the time limits are significantly shorter.

Speak to one of our expert lawyers about your motor vehicle accident as soon as possible to protect your claim.

WHAT WILL IT COST TO MAKE A CLAIM?

You will not pay anything up-front nor will you have to pay any legal expenses until you are successful in obtaining compensation for your claim.  This includes our legal fees and the cost of all medical reports

You will not be required to borrow money or take out a high interest litigation loan.  We do not require the money we pay on your behalf to be paid back until your claim settles.

DO I HAVE TO PAY TAX ON COMPENSATION I RECEIVE FOR MY CLAIM?

When your claim is finalised, the money you receive is generally not classed as income and is therefore not taxable.

Please note that any interest/income that you earn by investing your compensation money may be taxed.

WHAT HAPPENS IF I CAN’T WORK DUE TO MY MVA, LOSE MY JOB OR CAN’T RUN MY BUSINESS?

If injuries sustained in a motor vehicle accident cause you to stop work for an extended period, lose your job or create a financial impact on your business you will be able to claim this loss or future loss.

You will need to ensure this is documented fully so any income you lose can be claimed.

In the short term you may also have an entitlement to access income protection benefits, a lump sum through Total and Personal Disability or ‘trauma’ insurance or seek an early release of your superannuation balance. Follow this link for more information on TPD and superannuation claims.

Lime Lawyers can assist in determining if any of these options are open to you.

WHAT SHOULD I DO NEXT?

If you have any queries or wish to speak to one of our lawyers please call us on 1800 LIMELAW or complete our online enquiry form.

Lime Lawyers provides free initial consultations and case appraisals. We also can come to you if necessary.