Penrose Lawyers

Motor Vehicle Accident

Have you been involved in a car accident?

If you have been involved in a car accident and injured, you may be entitled to compensation for your injuries. This is true whether you were driving the car, a passenger in the car, pedestrian or cyclist.

The other driver or party must have either contributed to or caused the motor vehicle accident. Even if the other driver didn’t stop at the scene, you can still bring a claim.

Frequently Asked Questions

To make a claim, you will need to go through the correct process. This can be complex.

You’ll need to identify the defendant (the person at fault). If they did not stop at the scene and you were unable to get their registration number, it is your responsibility to make enquiries to attempt to obtain their identity, but if you have tried everything, you can still bring a claim against the Nominal Defendant.  

In order to get compensation for the injuries caused in the motor vehicle accident, you’ll need to prove that you were not at fault. You will also need to present medical evidence and documentation to show how you were injured, and any loss of income or function that you have sustained as a result.

To receive a lump-sum compensation payment, you will also need to be assessed as suffering from an injury that is considered non-minor. The Motor Accident Injuries Act 2017 (the Act) defines a minor injury as a soft tissue injury, but not an injury to nerves or a complete or partial rupture of tendons, ligaments, menisci or cartilage. The Motor Accident Injuries Regulation 2017 (the Regulations) adds to that definition by providing that an injury to a spinal nerve root that manifests in neurological signs, other than radiculopathy, is also considered a minor injury. With respect to psychological injuries, the Act and Regulations provide that a minor psychological injury is one that is not a recognised psychiatric illness, so in other words, where the injured person has suffered a psychological reaction but not enough to be diagnosed with a psychiatric illness, like a depressive disorder or post traumatic stress disorder. An acute stress disorder and adjustment disorder also falls under the definition on a minor psychological injury. If you have been diagnosed with a recognised psychiatric illness, you may be able to make a lump-sum claim.

The at fault driver’s insurer will make a decision regarding the type of injury you sustained within 3 months of receiving your claim. If you do not agree with the insurer’s decision, it is important you contact us as soon as possible as you only have 28 days from the date of the insurer’s decision to request a review. Our specialist lawyers can assist you with the review process.

f you have been assessed as suffering from a minor injury, you are entitled to claim for weekly payments of compensation while unfit for work or if you are working reduced hours. You are also entitled to claim for the cost of reasonable and necessary medical expenses. Your right to claim weekly payments and medical expenses terminates 26 weeks after the motor vehicle accident. So if you have been injured in a motor vehicle accident, it is important you act fast and contact Penrose Lawyers for advice on how to proceed with your claim.

There are strict time limits that apply when making a claim. They are:

  • A claim form must be completed and lodged on the at fault driver’s insurer within 3 months of the motor accident.
  • If a claim form is not lodged within 28 days after the date of the motor accident, you are not entitled to claim any of your lost income for the period before the claim was lodged.
  • The accident must be reported to the Police within 28 days of the accident unless a police officer attended the scene. A Police Event Number must be obtained when reporting the accident to the Police.

If you have failed to comply with the above time limits, you may still be able to claim if you have a reasonable excuse for the delay in making a claim, for example, if you were not aware of the time limit that applied.

If you have been assessed as suffering from a non-minor injury, you are entitled to a lump sum payment for your past loss of wages and the wages you are likely to lose because of your injuries in the future. If you are assessed as having a permanent impairment of greater than 10%, you are also entitled to claim compensation for non-economic loss, also known as pain and suffering. The degree of your permanent impairment is assessed by specialised doctors.  

If you have been assessed as suffering from non-minor injuries, there are important time limits that apply in making a lump sum claim. They are:

  • A lump sum claim cannot be made before the expiration of 20 months after the motor accident, unless the claim is in respect of the death of a person or injury resulting in a degree of permanent impairment of greater than 10%.
  • A lump sum claim form (Application for Damages under Common Law) must be completed within 3 years of the motor accident and sent to the at fault drivers’ insurer.

It is important to note that you still must comply with the requirement to lodge a claim form within 3 months of the motor accident and report the accident to the police within 28 days of the accident if you have suffered non-minor injuries.

How do I make a motor vehicle accident claim?

To make a claim, you will need to go through the correct process. This can be complex.
You’ll need to identify the defendant (the person at fault). If they did not stop at the scene and you were unable to get their registration number, it is your responsibility to make enquiries to attempt to obtain their identity, but if you have tried everything, you can still bring a claim against the Nominal Defendant.
In order to get compensation for the injuries caused in the motor vehicle accident, you’ll need to prove that you were not at fault. You will also need to present medical evidence and documentation to show how you were injured, and any loss of income or function that you have sustained as a result.
Your claim may not be able to be finalised until your injuries have stabilised, to allow a proper as-sessment of how your injuries will impact you in the future. However, if you are unable to earn an income in the meantime, you may make an application for an interim payment of compensation.

What types of compensation can I claim?

The types of compensation you can claim for your motor vehicle accident depend on individual cir-cumstances and the extent of your injuries. Compensation can include:

  • Compensation for lost wages if you needed time off work.
  • Compensation for wages you are likely to lose in the future as a result of your injuries.
  • The cost of medical treatment undertaken and required in the future.
  • The cost of care and assistance required around the home.
  • Pain and suffering (depending on the type of injury sustained).
  • Travel expenses if you need to travel to attend medical appointments and treatment.
  • Funeral expenses.

How can Penrose Lawyers
help with my motor vehicle accident claim?

As the leading personal injury lawyers in Brisbane, we are specialists in motor vehicle accident injury claims and can help you get the compensation to which you are entitled to.

We can help you to:

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