How to Handle a Motor Vehicle Accident
When dealing with a serious accident that has led to injury in Queensland, it is advisable to speak with a personal injury lawyer. Most of them provide free initial legal advice. It is not recommended that you try to pursue a claim on your own if you are unfamiliar with the law and the process.
As a guideline, East Coast Injury Lawyers is happy to provide a few general pointers:
1) Report the accident to the police.
The driver of the vehicle, as well as any person making a compulsory third party (CTP) claim is required by law to report the accident to the police.
- If you are the driver, go to nearest police station from where the accident happened.
- If you are not the driver and are unsure if the accident was reported, then complete a Report of Traffic Incident to Police form and take it to the nearest police station from where the accident happened.
2) Lodge a Claim
The claim for compensation is lodged and dealt with by the CTP insurer of the vehicle that was ‘at fault.’
The following steps are needed to lodge a claim:
- Report the accident to the police (if you have not done so already).
- The registration number of the vehicle responsible for the accident.
- Obtain a police accident report reference number from the police.
- Complete a Notice of Accident Claim form in as much detail as you can. If you don’t, this may delay your claim. If you care claiming for a fatal injury, you must complete a Fatal Injury Claim form.
- Get your doctor (GP or medical specialist) to complete the medical certificate (attached as part of the claim form).
- Send the completed form to the CTP insurer of the ‘at fault vehicle’ with any copies of reports, documents, accounts and receipts you have to prove your losses.
3) REMEMBER THE DEADLINES!
DO NOT FORGET THE DEADLINES!
Generally, you have 9 months after the motor vehicle accident or the first appearance of the symptoms of your injury to lodge your claim, OR:
You have 3 months to give notice if you are claiming under the nominal defendant scheme. This applies if you cannot identify the motor vehicle.
Keep in mind that different timelines apply if you are under 18 at the time of an accident. Speak with a personal injury lawyer to get the relevant law for your circumstances.
Your claim may be rejected if you lodge outside of the dictated time restrictions.
What if I don’t know who the other vehicle’s CTP insurer is?
The easiest way to get this information is to contact the Motor Accident Insurance Commission (MAIC) CTP Enquiry Line on 1300 302 568.
In order to get the information you need, you will be required to have:
- Any details of the accident
- Registration Number of the at fault vehicle
- If possible, the Police accident Report reference number
Why should I hire a personal injury lawyer?
This information is very general and does not full account for all of the circumstances that may arise when making a claim.
A common mistake made by claimants is underestimating the complexity of the legal process. A mistake during this critical process may lead to delays and even more costs.
Please keep in mind that general information researched online should never be a replacement for seeking the services of a legal professional. Would you trust yourself with undertaking your own surgery? The legal field is a similar circumstance where a mistake can severely affect your claim or even result in you losing your right to compensation.
What can East Coast Injury Lawyers do to help me?
East Coast Injury Lawyers can help you by first offering you a no risk, free initial consultation. It is highly recommended that you contact us so that you can tell us your story and let us help you decide if pursuing a claim is in your best legal interest.
Simply fill out our case review form or contact us at 1300 720 544 to speak with an accredited specialist of personal injury today. But do not delay! Strict time limitations are imposed on filing a claim.