Why You Need Car Accident Legal Advice After a Traffic Accident

Find out why you need informed traffic accident legal advice when you have had a car or road accident in Brisbane and Queensland.
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Free Legal Advice Car Accident

If you have had a traffic accident in Queensland, you will likely need informed, free car accident legal advice. 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 must understand your legal position when the unexpected happens. Depending on your circumstances, you could claim fair compensation for your accident from an insurance company.

This article will walk you through what to do in the event of a car accident by providing important legal advice. First, we look at the four common causes of Queensland car accidents.

The 4 Common Causes of Car Accidents in Queensland

It’s no secret that 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 that many road users, it is only a matter of time before something goes wrong.

The common causes of Queensland car accidents include:

  1. Disobeying the road rules
  2. Alcohol and drug use
  3. Age – either very young or very old
  4. Unrestrained vehicle occupants

If you’re ever involved in a traffic accident, you must know your legal rights and what steps to take next. That’s where Splatt Lawyers can help. Our qualified road accident lawyers can help you understand what to do when the unexpected happens and ensure you receive the compensation you deserve.

So, if you have had a road or car accident, don’t wait – contact our legal team today! Call – 1800 700 125. It’s free to know your rights.

What is my claim worth?

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. You could have court proceedings, criminal liability, or claim compensation for your injuries depending on your circumstances.

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, you would receive a damages payout for vehicle repair costs, medical expenses, rehabilitation, lost wages, and pain and suffering.

Thankfully, Splatt Lawyers lets you know about your legal rights for free! Contact us now to get started. Call 1800 700 125.

Next is our guide to car accident legal advice; we discuss your recommended steps following an accident.

Recommended Steps After a Motor Vehicle Accident

When you have a car accident, you may be emotional and confused, but please try to remain calm, as what you do next will impact your case. First, depending on the severity of your incident, you may need to request the police, an ambulance, or a tow truck attend the scene. 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 claiming compensation in most cases. People admit liability differently, for example, by apologising for the accident. Please know that saying sorry can be an admission of guilt. Your best strategy is to say as little as possible to the other accident driver. If you have already apologised, please contact our lawyers immediately for free advice.

Medical Treatment

Please know that not all your injuries will be obvious or instant. Some damage will take days to become apparent, particularly psychological impacts and emotional distress. 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.

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 notify your insurance company of the accident immediately. This step will help you access fast support.

Get an Expert Car Accident Lawyer

Getting your desired outcome is far more likely when you work with an expert car accident lawyer. The team at Splatt Lawyers has been supporting people injured on Queensland roads for nearly three decades. They regularly negotiate with the four CTP insurance companies and understand what it takes to deliver an exceptional outcome.

Once everyone is safe and the accident scene is secure, please contact Splatt Lawyers for free car accident legal advice. Our team of experienced road accident lawyers will guide you through 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 vital, 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 >

Understand Your Legal Rights-It’s Free

What if I Caused a Traffic Accident?

You should speak with a car accident lawyer even if you believe you were partly to blame. Even if you have contributory negligence, you could claim compensation from the other driver’s insurance company. For example, if you have received a traffic infringement for your accident, a good 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.

Find out if you can claim >

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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 impact their bottom line. They might deny your claim, take a long time to pay damages, or seek to reduce your entitlements. An experienced CTP claim lawyer understands how this works. Splatt Lawyers’ legal team has extensive experience in road accident claims. They know the legal process and regularly negotiate with all the major Queensland accident insurers.

More about CTP insurance claims >

What is my claim worth?

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 >

How to Claim Compensation for Your Road Accident

If you have been harmed physically or mentally in a traffic accident, you’ll want to know how to claim compensation for your accident. Injuries often mean time off work and medical and rehabilitation expenses, which can all add up. Generally, you are entitled to recover these costs in this case. Getting all your entitlements is easier when working with the support of an experienced CTP claim lawyer.

When you contact Splatt Lawyers for your case review, it is free to understand your legal rights. Our friendly lawyers and solicitors will carry the burden of your case so you can focus on your recovery. For over 28 years, we have been helping injured Queenslanders get the outcome they deserve. For immediate support Call 1800 700 125.

Seeking Car Accident Claim Advice

You must seek experienced car accident claim advice when involved in a road collision where you were completely or partly not at fault. When you are harmed in a car crash, you could have an accident compensation claim 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 your motor vehicle crash. Furthermore, when you win, 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 experienced lawyers offer expert legal advice and legal representation 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 help 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 offers experienced and qualified car accident legal advice on a 100% No Win No Fee basis. It costs nothing for your initial claim review, nothing to get started, and no legal costs during the life of your claim. You only pay fees when we win your case.

 

If you lose, you owe us nothing and no hidden fees or costs. It’s the Splatt Lawyer no-win, no-fee, no-risk guarantee.

More about our legal fees >

Road Accident Legal Advice Locations

Our experienced personal injury lawyers are in handy locations across Southeast Queensland. When you have a legal problem and need to make a claim, our friendly insurance law service team is just a phone call away. From Cairns to Coolangatta and West to the Darling Downs. Choose your location now:

BrisbaneGold Coast
Sunshine CoastCaboolture
LoganIpswich
ToowoombaBundaberg
CairnsTownsville
Legal offices for free car accident advice

Motor Vehicle Accident Legal Advice FAQs

What should I do if I have 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 to do after a car accident >

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.

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