Motor Vehicle Accident Injuries – What McColm Matsinger Lawyers can do for you.
McColm Matsinger Lawyers, Maroochydore, Sunshine Coast can provide advice if you are injured as a result of a car accident, truck accident, or motorcycle accident caused wholly or partly by the negligence of another person. A claim may be made against the Compulsory Third Party (“CTP”) insurer of the vehicle at fault. If the vehicle at fault cannot be identified or is unregistered, a claim may be made against the Nominal Defendant (which acts in the same way as a CTP insurer).
Our Law Firm can assist you in lodging the Notice of Accident Claim form and take steps to protect and advance your rights in respect of obtaining compensation for your injury from the insurer. We can also advise you in respect of appealing any decision by the insurer to reject your claim.
Can I make a CTP Claim?
If you have been injured in a motor vehicle accident as a result of another person’s negligence you may be able to claim compensation. You may have such an entitlement if you were the driver of your vehicle, a passenger, a pedestrian, motorcyclist or a bicyclist. You may even have an entitlement if you have sustained an injury as a result of cargo being inadequately secured in a vehicle, as a result of a defect in a vehicle or as a result of a trailer accident. In respect of fatalities, dependents of the deceased are also entitled to claim compensation. As every person’s potential claim is unique (and because the legislation applies to quite a number of different scenarios), McColm Matsinger motor vehicle accident lawyers would be pleased to discuss your individual case with you.
What injuries are covered?
All physical (including fatal) and psychological injuries as a result of the accident are covered. An injury also includes any aggravation of a pre-existing condition.
Strict time limits apply in respect of claiming compensation and suing for common law damages.
Report the motor vehicle accident to the police. A Notice of Accident Claim form must be lodged with the CTP insurer (of the “at fault” vehicle) either within nine months from the date of accident or within one month after consulting a lawyer – whichever is sooner. If the Nominal Defendant is involved, the Notice of Accident Claim form must be lodged within 3 months of the date of accident. These time limits may be varied in limited circumstances.
Proceedings for common law damages must be commenced in Court within 3 years from the date of the motor vehicle accident (unless your claim settles before then).
What will I receive in compensation?
If the CTP insurer admits that its insured vehicle was at fault, it will generally pay for private hospital, medical and pharmaceutical expenses. It will also pay for reasonable rehabilitation expenses. This will occur before your claim reaches settlement. Any amounts paid will be taken into account at the time of settlement of your damages claim.
Common Law Damages – what does it include?
You will be able to claim compensation for the following –
Your pain and suffering;
Your loss of income and likely loss of future income;
Your “out-of-pocket” medical, rehabilitation, pharmaceutical, travel and other expenses and such likely expenses for the future; and
Past and future loss of superannuation benefits.
Under certain circumstances, a claim can also be made for past and future care.
What happens after I lodge a claim?
After your claim is accepted, it will generally take 6 months after the insurer received your Notice of Accident Claim form for a settlement conference to take place. The intention of that conference is to negotiate a settlement of your damages claim. It may take longer depending on the evidence required and when your injuries stabilise. If your matter does not settle at this informal stage, proceedings may be commenced with a view to a Court deciding your claim.
The above generalised comments are a guide only and not a substitution for professional legal advice. As every individual’s claim is unique, a solicitor from McColm Matsinger’s motor vehicle accidents compensation team would be happy to meet with you to discuss your claim (at a place and time that is convenient to you).