When dealing with compensation for motor vehicle accidents in Queensland, there are two aspects that you must prove to successfully bring a claim.
- With respect to negligence
- With respect to the injuries you have sustained and any compensation that flows from that
If you are unable to prove negligence on behalf of the other party, then you do not recover any compensation for your injury. This means that if the motor vehicle accident was your own fault, you cannot pursue a negligence claim as your injury was sustained due to your own negligence. However, if the other party contributed to the accident, you may still be entitled to some compensation for your injuries.
Recommendations to help you protect your rights:
- STOP AND HELP;
- Provide your name and that of the owner if not you, to anyone involved in the accident, including other drivers or people who are hurt, or their property damaged and that you receive the same information from the other parties;
- Report the accident if someone is hurt to the Queensland Police Service (within 24 Hours if they don’t attend the accident) as you will need the QP report number for yourself if you have to bring a claim for compensation;
- If safe, clear the road of wreckage.
Steps to take immediately following the accident:
- Don’t admit liability, and sign nothing;
- If you have a camera (e.g. on your phone), ensure you take photos of the accident scene – including the position of the vehicles and damage to the cars;
- When you have collected your thoughts, make a hand drawing of the accident and show with arrows the direction of each vehicle involved
- Make notes of what occurred, and any comments made by anyone else involved;
- Get any witnesses’ contact details;
- Contact your insurer to tell them about your accident;
- If you are hurt, go to the Emergency room or see your GP, and take photos of your injuries if you are able to.
If you have suffered an injury as a result of a motor vehicle accident, reach out to our experienced team at Optimum Compensation Lawyers on 1800 000 625 or email info@optimumcompensation.com.au for an obligation-free consultation to discuss the accident and your legal rights to making a claim.