Can I represent myself in a motor vehicle accident claim?
You can, but the law related to road accidents is complicated.
A lawyer with experience in this area of law, will know what you’re entitled to, and how best to ensure that you are adequately compensated.
When should I seek legal advice after a road accident?
You should seek advice and assistance as soon as possible after your accident. Strict time limits apply to compensation claims after a road accident, especially if unidentified vehicles are involved.
Hall Payne provides a free initial consultation to discuss time limits and what you may be entitled to. If you’re unsure, you’ve got nothing to lose by contacting us.
How do I know if I have a claim?
If you’ve been injured in an accident in Queensland which involves a motor vehicle and you can demonstrate the accident occurred due to the fault of another person, you will be entitled to bring a Compulsory (CTP) insurance claim.
If a vehicle is not registered or can’t be identified, you can still seek compensation. You also still have an entitlement if your accident occurred in Queensland but the other vehicle is registered in another state or territory.
If your immediate family member dies as a result of a road accident you may be entitled to claim for funeral expenses and the loss of financial support.
What can I claim for?
Our expert lawyers will ensure that you recover everything you’re entitled to as a result of your motor vehicle accident. Depending on the circumstances of your injury, you may be entitled to compensation for:
- pain, suffering and loss of life enjoyment;
- past and future hospital and medical expenses (including surgical costs);
- rehabilitation expenses;
- lost past and future earnings, including superannuation;
- care provided by friends or family;
- out of pocket expenses for items such as pharmaceutical, travel and equipment;
- paid care and help, for example yard maintenance or nursing; and
- home and vehicle modifications.
Every individual’s claim is different. Your best course of action is speaking to Hall Payne about what compensation is right for you.
When should I make a claim?
Strict time limits apply to making a claim. Your entitlement to compensation may be lost if you don’t make a claim in time.
In Queensland, you must lodge a claim with the ‘at fault’ party’s CTP provider:
- within nine months of the accident; or
- if symptoms of the injury are not immediately apparent, at the first appearance of symptoms of the injury; or
- within one month of consulting a lawyer about the possibility of making a claim.
If, however, the vehicle is unidentified, you must lodge a claim against what we call the Nominal Defendant. A claim against the Nominal Defendant must be lodged within three months of the accident.
That said, even after this time limit has lapsed you may be able to lodge a claim where you can provide a reasonable excuse for the delay.
It is important to note that where a vehicle cannot be identified and a claim is not lodged with the Nominal Defendant within nine months, the claim against the Nominal Defendant is statute-barred. This means you will not be able to bring a claim for injuries sustained in the accident. So it’s important to act as quickly as possible after your accident.
Hall Payne understands that this can be a very challenging time. Financial stress can make the situation overwhelming. The sooner a claim is started, the sooner you’ll receive compensation (and some peace of mind).
How long will my claim take?
The sooner your claim is finalised, the sooner you can move on with your life. That said, a thoroughly prepared claim can’t be rushed.
The length of your claim will ultimately depend on the nature and extent of your injury, the intricacy of the investigation and the type of expert evidence required.
Call us to have one of Hall Payne’s personal injury lawyers discuss your specific circumstances and give you an estimated time frame.
How much will it cost me to make a claim?
We will provide you with a free initial consultation to discuss your injury and the circumstances in which it arose. We will provide an estimate of legal costs and the likely time frames that will apply to your claim.
If we consider you have prospects of winning your case then we will represent you on a ‘no win, no fee’ basis.