Motor Vehicle Accident Claims
The area of law which applies to motor vehicle accidents is constantly under review. As motor vehicle accident claims experts, it is our job to be across the law and regulatory changes which affect the rights and entitlements of Claimants who have been injured in motor vehicle accident.
If you have been injured in an accident whilst operating a car, truck, motorcycle or any other motor vehicle you may be able to bring a claim for compensation. This injury will occur during the course of employment duties and sometimes it will not. The facts and the circumstances will need to be analysed carefully in order to ascertain whether or not a compensation claim is more appropriately brought under the provisions of the Workers’ Compensation & Rehabilitation Act 2003 or alternatively pursuant to the Motor Accident Insurance Act 1994.
With the assistance of legal experts you are required to prove:
- The person who caused the injury owed you a ‘duty of care’ for your safety;
- The ‘duty of care’ was breached; and
- You have been injured as a result.
It’s important to note that injuries aren’t always physical. Psychological injuries (such as PTSD, depression and anxiety) following motor vehicle accidents are common and can also be claimed for.
How much you receive in compensation depends on your situation and the severity of your injuries. A lawyer will be able to provide you with an idea of your rights once they know more about the facts of your case.
In most cases, the insurance company of the driver who negligently caused the accident and therefore your injuries will pay the compensation to you rather than the driver themselves. You would not normally have any dealings with the driver of the other vehicle, the insurer will deal with everything.
The law surrounding motor vehicle accidents in Queensland allows a person to claim for:
- Medical and hospital expenses
- Loss of income
- Travelling expenses
- Loss of enjoyment of life
- Rehabilitation expenses
Any home help or nursing help (paid or unpaid), providing certain conditions are met. Claiming compensation for damage to your motor vehicle and contents is done separately through your motor vehicle insurance provider.
It is important you get the right advice as soon as possible following a motor vehicle accident.
There are strict time limits which apply to motor vehicle claims and waiting too long may mean you forgo the right to make a claim.
The team at Optimum Legal can give an obligation free opinion in relation to the best and most appropriate course of action and provide you with the relevant warnings about time limits and due process.