Motor Bike and Vehicle Accidents

Brisbane Personal Injury are lawyers that act for people who have been injured in motor vehicle, motor bike and cycling accidents.

We are a customer focused firm and we understand the needs of those who have been injured in a vehicle accident through no fault of their own.

We have also assisted pedestrians who have been struck by motor vehicles or motor bikes sustaining injury.

Contact our personal injury team today on 1800 632 930 or submit an enquiry online if you wish to discuss an accident.

FAQ

Can I make a Claim?

If you have been involved in a motor vehicle, motorbike or as a pedestrian who has been struck by a motor vehicle or motorbike and you did not cause the accident, you can claim compensation.

If the other vehicle involved in the accident, failed to give way to you, disobeyed a traffic signal, was speeding or struck the rear of your vehicle, they will commonly be held to have caused the accident.

Passengers in motor vehicles are usually also not the cause of an accident.

Claims involving pedestrians can be more complex in determining who was at fault.

We invite you to discuss your claim with our personal injury lawyers to determine whether you are eligible to make a claim.

Contact our personal injury team today on 1800 632 930 or submit an enquiry online if you wish to discuss an accident.

What are my time limits?

The Limitations of Actions Act 1974 establishes strict time limits for making a claim for damages for personal injury.

We advise your claim must be commenced within 3 years of the date of the accident. If your claim is not commenced within 3 years of the accident then the Limitations of Actions Act 1974 will prevent you from making a claim for injury stained in the accident.

We advise that persons under the age of 18 years can make a claim for damages for injury stained in an accident up until their turn 21st birthday. 

How do I make a claim?

Claims in Queensland are governed by the Motor Accident Insurance Act 1994.

The Act requires that if you wish to make a claim for injury sustained in a motor vehicle accident, you are required to complete a Notice of Claim Form. The Notice of Claim Form is a sworn document in which you are required to provide personal details such as your name and address, details about the accident and who you believed caused the accident and why.

The Notice of Claim Form is required to be given to the CTP insurer within the earlier of:-

  • 9 months from the date of the accident; or
  • 1 month from the date of seeking legal advice.

If the vehicle which caused the accident cannot be identified, then special rules apply with respect to time limits for making a claim and time limits for giving the Notice under the Act. If you were involved in an accident in which the vehicle responsible for the accident cannot be identified, you should seek legal advice urgently.

Our personal injury lawyers will assist you with making a claim on 1800 632 930 or submit an enquiry online.

How long will it take?

In our experience it is usually 2 years from the date of the accident before we are in a position to commence negotiations with the CTP insurer about resolving your claim.

We advise that in this period we:-

  • Investigate liability including taking statements from witness;
  • Take statements from you about the impact your injuries are having on your work and social life;
  • Obtain medical reports detailing your injury and their effect on you and your ability to work;
  • Obtain details of your future medical needs and their costs.

Our personal injury lawyers will provide a more accurate timeframe for your particular circumstances at consultation.

Compensation – How Much?

We advise broadly the following "Heads of Damages" can be claimed if you have sustained an injury:-

  • Pain and suffering;
  • Past and Future Medical expenses;
  • Loss of wages and superannuation;
  • Griffiths v  Kerkemeyer  - also known as care and assistance;
  • Special Damages such as equipment required due to your injury eg. wheelchairs, home renovations, work modifications. vehicle modifications and prosthetics.

We advise that there are statutory limits on the entitlement to claim care.

Please consult our team on 1800 632 930 or submit an enquiry online. 

How much does it cost?

We act on a No Win No Fee basis.

You will never receive an account from us unless your claim is successful.*

We do not charge fees for typists and secretaries printing and arranging doctor’s appointments, briefs and conferences.

Do I have to go to court?

There is an extensive pre-court conference process.

Accidents involving motor vehicles are often investigated by the Police and this can assist on the issue of liability. This means claims involving vehicles usually do not go to Court.

At conference or before court we can usually negotiate a settlement of your claim. We ensure we keep you fully informed of any settlement negotiations as they are occurring.

In our experience:-

  • over 75% of matters resolves at a Conference;
  • over 95% of matters resolve without going to Court.

Enquire today!

Enter your details below and one of our compensation specialists will contact you as soon as possible for a free, no obligation case review.

Why choose Brisbane Personal Injury

No Win. No Fee

We act on a No Win No Fee basis. You will never receive an account unless your claim is successful*

More about No Win. No Fee

A QLD Law Firm

Brisbane Personal Injury is part of MacDonnells Law.

More about our history

Free initial Consultation

We assess your claim to determine whether you have a claim worth proceeding.

Contact Brisbane Personal Injury

* Terms and Conditions Apply. The terms of successful case is outlined in our Client Agreement.

Office details

Brisbane Personal Injury

Level 9, 120 Edward Street,  Brisbane,  QLD  4000

Tel: 07 3031 9700


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