MOTOR VEHICLE ACCIDENT LAWYERS – QUEENSLAND
What does “motor vehicle” include?
Motor vehicles include cars, van, truck, commercial type vehicles, motorcycles.
What should I do after a motor vehicle accident?
It is important to obtain details of the motor vehicle such as number plate, car make and model. You should also obtain the details of the driver at fault.
If the police did not attend the scene of the accident, you should also attend your local police station to make a report. You will be provided with a “QP number”, which you should keep.
Who will I be claiming against?
In Queensland, every registered vehicle has compulsory third party insurance (CTP). CTP insurance is normally paid together with a vehicle’s registration renewal.
In some cases where there is no CTP insurer (when vehicle is unregistered), a claim will have to be made against the Nominal Defendant, which is a statutory body established under the Motor Accident Insurance Act (1994).
Are there time limits?
Time limits are generally 3 years from the date of accident.
However when dealing with the Nominal Defendant, the time limit is shortened to 9 months. As most people involved in a motor vehicle accident would not know if the vehicle at fault is registered, it is important to consult a lawyer as soon as possible after an accident so that the lawyer may carry out searches to ensure your rights are protected.
Can I bring a claim as a passenger?
Yes. In fact, if you were a passenger of the vehicle at fault you are still entitled to make a claim for compensation.
What happens if the vehicle at fault fled the scene of the accident?
In hit and run cases where the vehicle at fault cannot be identified, the relevant insurer is the Nominal Defendant. As these cases tend to be a bit more complex, it is important to contact a lawyer immediately.
How long should I wait before seeking legal advice?
It is advisable that legal advice be sought as soon as possible.
You should be mindful of time limits which apply (see above) as once the dateline is missed, you will be “statute barred” and will be prohibited from bringing a claim forever.
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*Please consider the above advice as general in nature and may not be applicable in every situation. Feel free to contact us at 07 5665 6392 for a free initial consultation and case review.