- Get Legal Advice after a Car Accident
- Get Legal Advice for Free
- The Legal Implications of Car Accidents
- Recommended Steps After a Motor Vehicle Accident
- Seeking Car Accident Claim Advice
- Car Accident Legal Advice – Your Next Steps
- Road Accident Insurance Claim Advice QLD-Wide
- Motor Vehicle Accident Legal Advice FAQs
Get Legal Advice after a Car Accident
You have the right to get legal advice after a car accident in Queensland, even if partly at fault. Whether you are a driver, passenger, or pedestrian, in an Uber or rideshare, hit and run, on a scooter, or under any other circumstance, you should understand your legal position when the unexpected happens. Depending on your circumstances, you could be eligible to claim fair compensation from a CTP insurance company.
Our legal guide provides important legal advice on what to do in the event of a car accident. First, we look at the four common causes of Queensland car accidents.
The 4 Common Causes of Car Accidents in Queensland
Car accidents are a significant problem in Queensland. According to the Queensland Department of Transport and Main Roads, more than 5,500,000 vehicles are registered on Queensland roads. With so many drivers, it is only a matter of time before something goes wrong.
The common causes of Queensland car accidents include:
- Disobeying the road rules
- Alcohol and drug use
- Age – either very young or very old
- Unrestrained vehicle occupants
Get Legal Advice for Free
If you have a traffic accident caused by another driver’s negligence, you have the right to seek professional advice. That’s where Splatt Lawyers can help. Our road accident lawyers can explain what to do when the unexpected happens on a 100% no-win, no-fee basis.
It’s free to know where you stand. Call – 1800 700 125
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The Legal Implications of Car Accidents
When you have a car accident, you need to be aware of the legal consequences that apply to your situation, as this will determine the success or failure of your case. Furthermore, you must know Queensland road laws and how they impact your rights and responsibilities in a car accident. Depending on your circumstances, you could have court proceedings, criminal liability, or claim compensation for your injuries.
Car accident legislation varies across Australia, but one principle is consistent. When there is a collision, someone has been negligent. This means one of the accident participants failed to exercise reasonable care and was speeding, distracted, ignoring road rules or driving under the influence.
When there is a car accident claim, the injured party has the burden of proof. They must show that the other driver was negligent and that their behaviour caused you to suffer a loss. When successful, the claimant receives a payout covering vehicle repair costs, medical expenses, rehabilitation, lost wages, and pain and suffering.
Splatt Lawyers can explain your legal rights for free! Call 1800 700 125
Recommended Steps After a Motor Vehicle Accident
Drivers involved in a car accident, you may feel emotional and confused about what to do next. First, you may need to call an ambulance, have a tow truck attend the accident scene or report the accident to a police officer. Other than that, here is what to do immediately after a car accident.
Don’t Accept Responsibility
When you accept responsibility for a car accident, you become the negligent driver, which prevents you from seeking compensation in most cases. People admit liability differently, for example, by apologising for the accident, which can be an admission of guilt. For the best outcome, say as little as possible to the other drivers involved and seek further information.
Medical Treatment
Please know that not all your injuries will be obvious or instant. Some damage, particularly psychological impacts and emotional distress, will take days to become apparent. Regardless of how you feel, please have a medical check-up and have your doctor document all your symptoms. If new issues arise, revisit your GP to seek medical help.
Report the Accident to the Police
If someone has been injured or a vehicle requires towing, you must report the accident to the police. You can do this online or at your local police station.
Collate Evidence
Evidence is key when making an accident claim. Start by recording images and videos of the accident scene, the damage to your own car and other vehicles, and the locations of traffic lights, signs, etc. Record the accident location, date and time. Get contact details of all accident participants, including name, address, contact details, driver’s licence details, and vehicle registration number.
Contact Your Insurer
It may seem obvious, but please immediately notify your insurance company of the accident. This step will help you access fast support.
Consult With a Car Accident Lawyer
Getting your desired outcome is far more likely when you seek advice from a car accident lawyer. A QLD motor vehicle accident solicitor regularly negotiates with the four CTP insurance companies and understands the challenges of the applicable legislation.
Splatt Lawyers is a local law firm that advocates for the rights of people injured on Queensland roads by others’ negligence. Once everyone is safe and the accident scene is secure, please contact Splatt Lawyers for free legal advice on car accidents.
We will explain each step of the claims process, ensuring your rights are protected. For immediate support, Call 1800 700 125.
Next up in our guide to car accident legal advice, we discuss knowing who is to blame for your accident.
Knowing Who is to Blame for Your Accident
Knowing who is to blame for your accident is vital when seeking car accident advice. Determining fault is critical, as the at-fault motorist will be legally responsible for the financial damages paid by their CTP insurance company.
It would help if you didn’t admit fault to the people involved in a car accident. If a Queensland police officer attends the accident scene, they will make a report outlining who is the liable party and often, that person will be charged with an offence. The person charged with a traffic crime is typically the negligent driver.
Sometimes, a motorist will admit fault at the scene of the incident. If this happens, you should document it in writing by text or email at that time or soon after. Establishing the negligent party forms the basis of your case. Retain a copy of this communication. If you believe you are not at fault and no one at the scene takes responsibility, seek legal help immediately.
How to determine fault for a car accident >
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What if I Caused a Traffic Accident?
You should speak with a car accident lawyer even if you believe you were partly to blame. You could claim compensation from the other driver’s insurance company even if you have contributory negligence. For example, if you have received a traffic infringement notice for your accident, a compensation lawyer could have your infringement notice rescinded (under some circumstances). Then, you might be eligible to make a claim.
You should collate as much evidence as possible to support your case, including video, photographs, witness statements, and medical reports and assessments.
Claiming Against an Insurance Company
If this is your first road accident, you will likely want to know about claiming against an insurance company. All Queensland road users have compulsory third-party insurance coverage (CTP insurance) with their vehicle registration. When you claim accident compensation, the CTP insurer funds your payout.
You could also have comprehensive insurance cover for property damage to your vehicle. The insurer will seek to establish who was at fault and their degree of responsibility. This calculation determines who is liable for damages.
Insurers often seek to minimise compensation payouts as it impacts their bottom line. They might deny your claim, take a long time to pay damages or seek to reduce your entitlements. A CTP claim lawyer understands how this works and how it impacts your legal rights.
More about CTP insurance claims >
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What are the Strict Time Limits for Car Accident Claims?
In a car accident resulting in injury, there is typically a three-year window from the incident date to initiate legal action in court. Failing to do so means losing your rights forever and being prevented from claiming. Before initiating legal action, adhering to the pre-court notification and other procedures following the Motor Accident Insurance Act 1994 is necessary.
Under certain circumstances, it may be possible to file a car accident compensation claim more than three years after the incident. This rule is applicable if the accident occurred when you were under 18 years of age or if you are living with a disability. If you are in this situation, you should promptly seek legal advice.
More about car accident time limits >
Seeking Car Accident Claim Advice
You have the right to seek car accident claim advice when involved in a road collision where you were completely or partly not at fault. You could be owed compensation for your loss, particularly if your physical injury or mental distress prevents you from working.
A successful lump sum compensation payout means relief from the financial hardship caused by a motor vehicle crash. You could receive restitution for lost wages and superannuation, pain and suffering, medical expenses and lost enjoyment of life, and other out-of-pocket expenses.
Thankfully, it costs nothing to be certain of your rights. Our Queensland lawyers offer legal advice for injured persons on a 100% no win, no fee basis. Our No Fee policy means you pay legal fees when you win and nothing if you lose. Get immediate legal support now – Call 1800 700 125.
Car Accident Legal Advice – Your Next Steps
1. Get advice from an accident lawyer
First, find a lawyer or solicitor who understands Queensland traffic laws and has experience handling similar cases.
2. Bring your evidence
Collect all relevant evidence related to the motor vehicle accident, such as photos, video and witness statements. This information helps your road accident lawyer assess your claim and give you accurate legal advice.
3. Prepare your questions
You will likely have some questions, for example: What is the compensation claim process? What is my claim worth? and am I likely to be successful?
4. Explain the car accident details
When meeting with your lawyer, explain all the relevant details about the car accident.
5. Request a follow-up appointment
Some car accident claims require multiple meetings before completion. You could request a follow-up appointment or wait for your lawyer to contact you. Remember, choose wisely because the cost of every meeting will be deducted from your full and final settlement.
Legal Advice for Successful Road Accident Claims
If you believe you are eligible to receive an accident payout, you must involve an excellent personal injury law firm from the start of your case. Following the claim process accurately and having all the necessary documentation in place is essential to the success of your case. You should also know that time limits apply for Queensland road accident insurance claims, and you must meet or exceed these deadlines. Please understand that you can be excluded from accessing your entitlements if you miss your lodgement dates.
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100% No Win No Fee Car Accident Legal Advice
Splatt Lawyers provides accident legal advice on a 100% No Win No Fee basis. There are no costs for an initial claim assessment, no fees to get started, and no legal expenses throughout the duration of your case.
If you lose, you owe us nothing, with no hidden fees or costs. It’s the Splatt Lawyer’s no-win, no-fee, no-risk guarantee.
Road Accident Insurance Claim Advice QLD-Wide
Our insurance law service team works in locations Queensland-wide, from Cairns to Coolangatta and West to the Darling Downs. Choose your location:
| Brisbane | Gold Coast |
|---|---|
| Sunshine Coast | Caboolture |
| Logan | Ipswich |
| Toowoomba | Bundaberg |
| Cairns | Townsville |
Motor Vehicle Accident Legal Advice FAQs
What should I do if I’m involved in a traffic accident?
Knowing what steps to take is essential if you have been in a motor vehicle accident. The first thing that you should do after the accident is to call your insurance company and report the incident. You will need to give them as much information about the accident as possible so they can help you file a claim for damages.
What should I do if I have a car accident injury?
You must know your rights and responsibilities, regardless of how your accident happened. First, seek medical attention immediately and have your physical and mental condition assessed. If there is a police report, request a copy. If this report shows you are partially or entirely not at fault for your traffic accident, get legal advice from a qualified personal injury lawyer to understand your rights.
How long does it take to claim compensation after a motor vehicle accident?
The average period for a personal injury insurance claim is around six months. The length of time depends on the severity of your injuries and the time it takes to stabilise. A doctor and possibly a psychiatrist will need to assess you. Your best opportunity to promptly access your entitlements is to seek legal advice and make a claim as soon as possible.
Can I make a claim if I don’t know the other driver?
In Queensland, if you don’t have the details of the other person involved in a car accident, you can still make a car accident compensation claim. In this situation, you lodge an insurance claim with the nominal defendant. Strict time limits apply to a nominal defendant’s legal action, so please seek legal advice immediately when you don’t know the other party’s information.