Road Accident Injuries

Injured in a motor vehicle accident? Don’t panic. Ascent Lawyers is always here to help if those injuries have impacted your studies, work or daily lives.

Whether you are a driver, passenger, pedestrian or cyclist, you may be entitled to a range of compensation benefits.

Don’t hesitate. Arrange an obligation free consultation with Ascent Lawyers today and our experienced team can give you advice.

What is CTP insurance?

CTP is an abbreviation for Compulsory Third Party Insurance. This is a part of the compulsory registration fee you pay for your car every year.

If you are the at-fault driver in a motor-accident, CTP Insurance provides you with protection against compensation claims from those injured as a result of the accident.

If the injured party is unable to work, or requires medical treatment, your CTP insurer will cover the injured party related medical and rehabilitation treatment, and/or loss of income as a result of the accident.

What should I do at the scene of the accident?

  1. Calm yourself down
  2. Call the police or ambulance if someone is injured
  3. Exchange below details with the other driver:
    • Name
    • Address
    • Contact Number
    • Car plate number
  4. Take a photo of the followings:
    • Driver license (front & back)
    • Car damages
    • Car plates
  5. Take notes of other important information:
    • Witness contact details
    • Accident location, date and time

What should I do after a car accident?

  1. Report the accident to police
  2. If police did not attend the scene, you are responsible to report to the police within 24 hours. You can make the report via:

    • Online
    • Phone Call – call 131 444
    • Attend nearby police station

    Please keep a copy of the QP number after report has been made.

  3. Property damage
  4. If there is any damage to your car, either the at fault driver or their car insurance company would be liable for the damage.

  5. Are you injured?
  6. You may be eligible to make a compulsory third party (CTP) claim if you sustained injuries because of someone else’s fault. You may contact Ascent Lawyers to find out what your legal rights are.

Can I make a compensation claim if I was injured in a car accident?

There are only limited circumstances that would stop you from making a compensation claim. You are entitled to make a claim
in the following situations:

  • I am a passenger, the driver of the vehicle I was travelling on was at fault
  • I am a driver/passenger, the other driver was at fault and caused the accident
  • I am a driver/passenger, the other driver was drunk and caused the accident
  • I am a pedestrian/cyclist and I was hit by a car
  • The at fault driver hit and run

However, please bear in mind that you have to seek for lawyer’s advice as there may be special circumstances.

In summary, as long as you meet the below conditions, you are entitled to a claim in Queensland:

  • You had an accident
  • You are not at fault
  • You sustained injuries because of the accident
  • You may or have suffered loss due to the injuries

Can I make a compensation claim if the at fault driver hit and run and I don’t have the registration number of that vehicle?

Yes, you can make a claim even if the other driver leaves the accident scene and you don’t know the registration number of the vehicle.

Please note that the time limit for making the claim is very short and you should seek legal advice as soon as possible in order to maintain your legal rights.

Who will pay my compensation if I were to make a claim for my injuries?

At fault vehicle’s compulsory third party (CTP) insurance company will pay the compensation under the Queensland law.

The at-fault driver is not required to pay for the compensation.

I only have minor injuries, can I claim?

The most common injury from motor vehicle accident is whiplash injury. Whiplash symptoms include fatigue, dizziness, headache, neck pain and back pain. At the initial stage, we often cannot foresee the degree of seriousness, aftermath and period of recovery it may take.

Therefore, it is crucial to seek appropriate legal advice at an early stage to find out where you stand.

Is psychological impact, such as trauma after a car accident considered as an injury?

Definitely. If there are any medical records to prove that your trauma, sleeping disorder etc are caused by the accident, you may make a claim for psychological impact.

Are there any time limits to make a motor vehicle accident claim?

Strict time limits apply to making a claim. 

Generally speaking, you have (whichever is earlier) 9 months from the date of the motor vehicle accident to lodge a claim with the compulsory third party (CTP) insurer or 1 month from your initial consultation with a lawyer.

If an unidentified or uninsured vehicle caused the accident, you only have (whichever is earlier) 3 months to lodge the claim with the Nominal Defendant or 1 month from your initial consultation with a lawyer.

Our experienced compensation lawyers will take care of the time limits to ensure your claims are lodged on time.

How much compensation will I receive?

It differs from case to case.

Each compensation payout depends on factors such as:

  • The extent of your injuries sustained
  • Your age
  • Your education background and occupation
  • Your health condition at the time of the accident
  • The circumstances of the accident
  • The impact on your work
  • The ability and experience of your lawyer

Will CTP claim affect my visa?

As long as the accident happened in Australia, you are protected by the law, regardless of your visa type.

Will my visa application be affected by the CTP claim?

CTP claim will not affect any visa application. Regardless of the visa status, you are entitled to lodge CTP claim.

How much will it cost me to make a motor vehicle accident claim?

We offer theNo Win No Fee costs agreement. This means that you are not required to pay us anything unless we win your case and you receive compensation for your injuries incurred from the accident.

Will I need to go to court?

Very few cases end up going to Court. The vast majority of motor vehicle accident claims are settled before going to Court. We aim to keep the legal costs down and maximise your net recovery in a time efficient manner.

Can I represent myself without a personal injury lawyer?

Yes if you have a thorough understanding of the laws and regulations. However, engaging a personal injury lawyer will keep you away from uncertainties. Here at Ascent Lawyers:

  • Your initial consultation with us is obligation free
  • We provide No Win No Fee costs agreement
  • We do not charge uplift fee
  • Our legal fee is capped at 50% for low compensation claims
  • After hours and mobile legal services are available to you if you are unable to visit our office during business hours.

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