Car Accident and Motor Vehicle Injury Claims

Are you suffering from the effects of an injury caused by a car, road or pedestrian accident? Backed by over 30 years of compensation experience, our motor vehicle/traffic compensation lawyers are committed to doing whatever it takes to WIN your case and maximise your accident compensation entitlements.

AM I ELIGIBLE TO MAKE A MOTOR VEHICLE ACCIDENT CLAIM?

If you have been involved in a motor vehicle accident you will need to prove fault on the part of some other party to enable you to succeed in a motor accident claim. You do not need to be driving at the time of the accident to make a claim- compensation claims can also be made by passengers, cyclists and pedestrians.

AM I ENTITLED TO COMPENSATION?

Compensation benefits are payable if you suffer a personal injury as a result of your involvement in the accident and you are not at fault.

HOW CAN I FIND OUT IF I AM ELIGIBLE AND ENTITLED TO MAKE A CLAIM?

If you are unsure whether you are entitled to make a claim, if an insurer has denied your claim or if you are unsure who was at fault in your accident contact one of our specialist motor accident lawyers on free call 1800 888 529. We provide free, no obligation claim assessments which will provide you with information about whether you are eligible to make a claim and the amount of compensation benefits you are likely to be entitled to.

WHAT SHOULD I DO IF I AM INJURED IN A MOTOR VEHICLE ACCIDENT?

You should immediately report the injury to police if you have not already done so. Police will allocate an event number to your accident which is required to be stated on your claim form.

A Personal Injury Claim form together with an accompanying Medical Certificate must be lodged with the CTP (Compulsory Third Party) Insurer of the vehicle at fault in your accident within six months of the date of your accident. The claim form is not regarded as being complete, and cannot be lodged, unless a completed Medical Certificate is attached to it. You can obtain this certificate from your general practitioner or any of your treating doctors. In the event that your claim form is not lodged within six (6) months of the date of your accident your rights to claim compensation may be affected.

We recommend you obtain advice from us immediately once you have sustained an injury as a result of a motor vehicle accident. If your accident occured a long time ago, we recommend you contact us straight away so that we can attempt to address any issues arisig out of the late lodgement of your claim.

DO I HAVE TO PAY ANY UP FRONT LEGAL FEES TO HAVE LAW PARTNERS REPRESENT ME IN MY CLAIM?

No, we do not charge any up front costs to represent you. Our fees (including the costs of obtaining medical reports to support your claim) are covered until the end of your case. We provide a 100% guarantee that you will not be required to pay any up front fees to us. Call us on 1800 888 529 for more information about our 100% No Win No Fee Guarantee.

WHAT COMPENSATION CAN LAW PARTNERS OBTAIN FOR ME?

If you are eligible to make a claim you could be entitled to a variety of compensation payments including but not limited to:

• Past wage loss where time off work is required as a result of your injuries
• Future wage loss if it is expected that your injuries will impact on your future earning capacity
• Past and future loss of superannuation contributions arising out of your inability to work
• Reasonably necessary medical or related treatment, hospital treatment, ambulance services and rehabilitation. Compensation can also be paid to cover the likely future cost of these expenses
• Travel and transportation costs – public transport and car travel costs may be reimbursed for travel to and from medical appointments and treatment
• Domestic care and assistance if you require assistance with household tasks as a result of your injuries if you meet particular thresholds
• Pain and Suffering for serious injuries.

WHAT ARE SOME EXAMPLES OF TREATMENT EXPENSES I CAN CLAIM?

You may be entitled to claim treatment by medical practitioners, physiotherapists, chiropractors, osteopaths, psychologists, counsellors, exercise physiologists, remedial massage therapists, provision of artificial aids, domestic assistance services, nursing, medical and medicine supplies (provided outside of hospital treatment). An insurer will pay for these expenses after determining they are reasonably necessary. In determining whether a form of treatment is ‘reasonably necessary’ the insurer will evaluate whether the form of treatment is appropriate for the injury sustained, whether the treatment will relieve the effects of the injury, whether the form of treatment is effective in promoting recovery, whether the form of treatment is cost effective and whether the particular treatment is the best option as opposed to other forms of treatment available.

You don’t have to wait for the claim to be finalised for these expenses to be paid. The insurer is obliged to pay these expenses on an ‘as incurred’ basis if they are reasonable and necessary.

The Insurer may, however, deny your treatment on the advice or opinion of their doctor. If requested treatment is not approved we will make an application to the Medical Assessment Service on your behalf to challenge the insurer’s decision.

HOW IS MY CAR ACCIDENT OR VEHICLE INJURY CLAIM FINALISED?

Once your injuries have stabilised (that is, your injuries are at a level where they will not get any better or any worse) we will be in a position to negotiate your claim with the insurer. The process of negotiating an outcome with the insurer is referred to as ‘settlement’. Our expert solicitors will gather all of the information required in order to prove your losses and damage as a result of your injuries and will participate in a settlement conference with the insurer. Our aim is simple: to maximise your compensation. If your claim cannot be resolved at a settlement conference or if we believe the insurer has offered less than the amount your claim is worth we will provide advice to you about taking your claim to the claims assessment and resolution service where an independent assessor will determine the value of your claim.

HOW CAN LAW PARTNERS ASSIST ME?

Our role as your legal representatives is to ensure you receive the maximum compensation permissible under the current motor accidents legislation and to provide you with support and representation throughout the claims process. To do this we will need to gather medical evidence and other documentation to support the claims we intend to make on your behalf. We will also need to obtain regular updates from you in relation to your medical condition and any changes to your treatment program.

In our experience, motor accident insurers do not always have your best interests in mind when managing your claim. As such, it is also our role to ensure the insurer does not adversely affect your recovery by denying treatment or limiting compensation payable to you. Put simply, our aim is to ensure that the stress of managing your claim and dealing with the insurer is removed from you so that you can focus on recovering from your unexpected injury.

We do not charge any upfront costs to represent you in your motor accident claim and run most cases on our flexible 100% No Win No Fee Guarantee. For a free, no obligation discussion about your case call one of our specialist motor accident lawyers on free call 1800 888 529. We look forward to hearing from you.