Motor Accident Claims: Top 6 FAQs

Motor vehicle accidents can be devastating. With more than 3,000 incidents occurring each year in Brisbane alone, many people are left questioning how to go about getting the compensation they deserve after being involved in a crash. We have compiled a collection of some of the most popular questions our lawyers get asked, so you can learn more about the claim and compensation process.

Can I claim compensation for my car accident?

Every person’s circumstances are different. Your eligibility for compensation will depend on who was at fault for the accident. If you were not at fault,

or only partially at fault, then you will generally be eligible for compensation.

Can I claim compensation even if a crash was my fault?

If a motor accident was entirely your fault, then you may not have grounds for a compensation claim. Even if it seems straightforward that you were wholly at fault for the crash, it may be worthwhile speaking to a legal professional who can expertly assess your situation and provide advice on whether or not you can proceed with a claim.

How long do I have to submit a claim for compensation after a motor accident?

In Queensland, time limits apply for making a compensation claim. If you are claiming for injuries sustained in an accident, you have to begin the claim process within 9 months of the accident, or within 1 month of consulting a solicitor about your case, whichever one of these comes first. If you miss this window, you may still be able to make a claim, but you will be required to provide evidence supporting your reasons for pursuing the claim (for example, if you suffered an injury which was not apparent until later in life). These circumstances are often difficult to prove though, so it is wise to make your claim within the prescribed limits.

Does it cost anything to make a car accident compensation claim?

It can cost money to request or submit certain forms in relation to your claim. If you end up needing to enlist the aid of a legal professional, you may also need to pay legal fees. We recommend using lawyers who work on a No Win No Fee basis. This can help safeguard you against large legal fees that you would otherwise be required to pay regardless of the outcome of your case.

Will I have to go to court for a compensation claim?

You may need to attend court for your claim. This could be required of you if an insurer doesn’t accept the liability of the driver they insure, or if you were unable to identify the other vehicle involved in your accident. In these circumstances, your claim would be made against the Nominal Defendant and you will likely need to present your case in the courtroom. Engaging with a car accident lawyer can help make this process less daunting, while giving your claim a much better chance of being successful.

How much compensation will I get after a car accident?

There is no standardised chart of damages for successful motor accident claims. The amount of compensation you are entitled to will depend on the extent of your injuries and the effect they have on your life – for example, a person who sustained significant physical or mental injuries and could not work for the rest of their life would be entitled to more compensation than a person who sustained a leg injury which prevented them from working for 9 months.

Motor accidents can be extremely traumatic. Consulting a legal professional in a timely manner is an important first step if you want to receive the compensation you deserve. If you have any more questions on motor accident claims or compensation, don’t hesitate to get in touch with an expert from the Personal Injury Helpline team.

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