Avoiding These Common Mistakes in Car Crash Claims: Queensland Australia Edition

Avoiding These Common Mistakes in Car Crash Claims: Queensland Australia Edition

Published on 12 July 2023
Last updated on 14 March 2024

When it comes to making a car accident claim in Queensland Australia, there are many mistakes that can be made. This blog will discuss some of the most common errors, such as not hiring a lawyer, failing to cooperate with your lawyer, not taking your claim seriously, failing to seek medical attention immediately, and accepting the first settlement offer. By understanding these risks and taking steps to avoid them, you can optimize the outcome of your claim.


Avoiding These Common Mistakes in Car Crash Claims: Queensland Australia Edition


Mistake 1: Not Engaging a Solicitor

Not hiring a solicitor can be the most serious mistake when it comes to making a car crash claim. The car crash claim process can be extremely complex, you should not attempt to navigate the process alone. Our experienced personal injury solicitors are familiar with the law and the process, more importantly, how to maximize your compensation amount. We will also have access to resources that may help strengthen your case as well as provide advice on settlement offers or other legal matters related to your claim.

A clear example of how our expertise can help you can be seen in our familiarity with the various deadlines associated with compliance, liability notices, compulsory conferences, and limitations of actions. In summary, if you do not engage a personal injury solicitor, you are fighting the insurance companies alone.


Mistake 2: Failing to Cooperate with Your Solicitor

Failing to cooperate with your solicitor can be a major misstep when making a car crash claim. It is important that you provide as much information and documentation as possible, so your solicitors can build the strongest case for you. This includes providing copies of medical records, quantum or economic evidence, or any other evidence relevant to your claim.

Additionally, it is essential that you remain in contact with your solicitors throughout the entire process and respond promptly to their inquiries. Not doing so could result in missing key deadlines which could severely impact the outcome of your claim.

Finally, if there are any changes in circumstances or new developments related to your injury or treatment plan, make sure to inform your lawyer immediately, so they can adjust their strategy accordingly. By following these suggestions and maintaining open communication with lawyer, you will ensure that all necessary steps are taken on time and maximize your compensation amount.


Mistake 3: Not Taking Your Claim Seriously

When making a car crash claim, you must take your claim seriously by ensuring all evidence are consistent. If you are claiming that you suffered an injury, then you cannot make posts on social media showing that you are having an active lifestyle and living life to the fullest as though you never suffered an injury. These social media posts can be used against you in your car accident claims. You might even face allegation of CTP fraud.

The need to maintain consistency is not only limited to your social media but also your conversations with GP, nurses, and physiotherapists. When talking to your GP or physiotherapist, you must be careful in what you say. Often, those GP, nurses, or therapists will write down what you say no matter how irrelevant it is. These medical records will regularly be reviewed in detail by the insurance company, so if you said something that is inconsistent with your claim, it can lead to serious consequences.


Mistake 4: Failing to Seek Medical Attention Immediately

Failing to seek medical attention immediately after a car crash can be a major mistake. Seeking medical care as soon as possible is essential for assessing your injuries and starting treatment, which will help ensure that you have access to the best possible outcomes in terms of physical and mental health.

Additionally, seeking medical attention soon after an accident will also provide crucial evidence for your claim as it establishes the link between your injuries and the incident itself. Furthermore, if you wait too long before seeing your GP for the first time then the insurance companies will use this delay against you by suggesting that your injury was not caused by the accident but rather by another event or condition unrelated to it. Therefore, if you had a car accident, do not hesitate in seeing your GP as soon as possible!


Mistake 5: Accepting the First Settlement Offer

If you have been seriously injured in a car accident, you may have medical bills. Due to the injuries, you might not be unable to work, which can lead to further lost income. When you see that the insurance company gives you a first offer, you may think that this is the simplest and best way of settling the matter, but you could actually be losing out on a great chance of getting a much more significant settlement.

Please know that you can only receive one settlement for your car accident claim. If you made the mistake of getting a quick settlement, later on, your injury becomes worse, then the insurance company is free from all legal obligations. So you must only accept the settlement offer that is reasonable for your circumstances. If you are unsure if you are getting the reasonable settlement amount in your car accident claim, give us a call today for a free consultation!


Mistake 6: Not Recording accident details

Accident details must be recorded, as evidence of this nature is an absolute necessity for all car accident claims. If you have failed to record any of these details, your car accident claim can be met with serious challenges.

At the scene of the crash, you must (if safe to do so):

  • Record the location and time of the crash
  • Photograph all damage to all cars
  • Photograph the driver’s license for all drivers involved
  • Record all contact details for all drivers involved
  • Record witness name, phone, email address

In conclusion, it is essential to consider the consequences of not hiring a lawyer, failing to cooperate with your lawyer, not taking your claim seriously, failing to seek medical attention immediately, and accepting the first settlement offer – all of which can lead to serious consequences for your car accident claim. It’s important to remember that when it comes to making a car accident, you must engage an experienced personal injury lawyer. Call us today and start your claim with our No-Win-No-Fee promise.

Disclaimer: Ascent Lawyers owns all copyright in the text. This article is of a general nature and should not be regarded as legal advice or relied on for assistance in any particular circumstance or emergency situation. To obtain legal advice in relation to your own circumstances, please contact us for consultation.

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