+61 7 3001 2999

+61 7 3001 2999

Motor Vehicle Accidents

If you have been injured in a car accident, you have a claim against
the insurer of the vehicle at fault.

Bennett & Philp represents clients who have been injured in car accidents, motorbike accidents, bicycle accidents, truck accidents, pedestrian accidents and public transport accidents.

Below for your general information are answers to some of the more commonly asked questions. Qld law restricts us from presenting certain information about personal injury compensation law. However we are able to provide you with more details if you are making a genuine enquiry or are an existing client of Bennett & Philp.  

If you want to investigate your rights regarding a motor vehicle accident click the "Need to Know More"  box to the right or you can contact us for obligation-free advice regarding your particular circumstances using one of the following methods that is most convenient to you:

Call Us today   Call us on (07) 3001 2999 or use our Toll Free number on the right
Use our Live Chat   Talk to our Live Chat operator using the Chat box below
Make an On-line Enquiry   Complete the on-line enquiry form to the right
Email us now   Contact or email any one of our specialist personal injury lawyers below.

Bennett & Philp Lawyers acts in personal injuries claims for motor vehicle accident victims on a no-win, no fee basis.

Commonly Asked Questions:
What do I do if I have been injured in a car accident?

If you have been injured in a car accident, you have a claim against the compulsory third party ("CTP") insurer of the vehicle at fault.

It is important to record the details of the other vehicle and its driver, report the accident to the police and to have your injuries examined by your doctor. If you don't have these details, contact us and we will endeavour to find them on your behalf.

As there are time limits for lodging a claim, you need to seek legal advice as soon as possible after your accident. 

Contact us for a free appraisal and assistance with the lodgement of your claim.  We will work with the insurer to arrange for payment of physiotherapy and other treatment for you.

What do I do if I have been injured in a motorcycle accident?

If you have been injured in a motorcycle accident, you have a claim against the insurer of the vehicle at fault. It is important to record the details of the other vehicle and its driver, report the accident to the police and to have your injuries examined by your doctor. If you don't have these details, contact us and we will endeavour to find them on your behalf.

As there are time limits for lodging a claim, you need to seek legal advice as soon as possible after your accident. 

Contact us for a free appraisal and assistance with the lodgement of your claim.  We will work with the insurer to arrange for payment of physiotherapy and other treatment for you.

Do you require urgent funding for medical treatment?

We will work with you to urgently lodge your claim with the insurer and seek a grant of assistance to pay for necessary medical treatment.

We will work with the insurer and liaise with your treating physiotherapists and doctors to obtain, as early as possible, the medical and other treatment you need.

Contact us for assistance with the appraisal and lodgement of your claim.

What if I have been injured as a pedestrian?

In most cases, there will be insurance to cover you if you have been injured as a result of being hit by a vehicle. The type of insurance claim you will be making will be a claim against the insurer of the vehicle that hit you. 

It is important to record the details of the vehicle and its driver, report the accident to the police and to have your injuries examined by your doctor. If you don't have these details, contact us and we will endeavour to find them on your behalf.

As there are time limits for lodging a claim, you need to seek legal advice as soon as possible after your accident. 

Contact us for a free appraisal and assistance with the lodgement of your claim.  We will work with the insurer to arrange for payment of physiotherapy and other treatment for you.

What if I have been injured while riding a bicycle?

If you have been injured in a bicycle accident, you have a claim against the insurer of the vehicle at fault.  

It is important to record the details of the other vehicle and its driver, report the accident to the police and to have your injuries examined by your doctor. If you don't have these details, contact us and we will endeavour to find them on your behalf.

As there are time limits for lodging a claim, you need to seek legal advice as soon as possible after your accident. 

Contact us for a free appraisal and assistance with the lodgement of your claim.  We will work with the insurer to arrange for payment of physiotherapy and other treatment for you.

What can I claim?

You may be entitled to claim for: 

  • General damages (pain and suffering);
     
  • Special damages (medical, pharmaceutical, hospital, rehabilitation and travel expenses which you have paid for yourself);
     
  • Past and future loss of income and superannuation entitlements, and
     
  • Future medical, pharmaceutical, hospital, rehabilitation and travel expenses which you could reasonably expect to incur (this may be determined in light of expert medical opinion, for example by an orthopaedic surgeon); and costs of providing past and future care (this may also be determined in light of expert medical opinion, for example by an occupational therapist).

Your damages are generally tax free.

Am I eligible to make a claim?

If injured as a result of a motor vehicle accident (whether as a driver, rider, passenger or pedestrian), as long as you are not the driver at fault, you are entitled to bring a claim.

If you are the driver at fault, your passengers are still entitled to make a claim.

Call us to discuss your eligibility to make a claim in more detail.

What if I have been injured by an unidentified motor vehicle?

If the vehicle at fault is unregistered or cannot be identified, we can bring a claim against the government insurer/Nominal Defendant.

The Nominal Defendant is a government funded insurer which pays compensation for injuries sustained from accidents involving unidentified or unregistered motor vehicles.

Legislation imposes very strict time limits to claims against the Nominal Defendant.  You should contact us as soon as possible after your accident to make your claim.

Call us to discuss your specific circumstances.

What are my time limits?

The sooner a motor vehicle injury claim is lodged, the better. Strict time limits apply, particularly if the vehicle at fault is unregistered or unidentified.  

A claim should be lodged within 9 months of an accident or within 1 month of consulting us, whichever occurs first.  

If we are unable to resolve your claim with the insurer, then legal proceedings must be started - this must take place within 3 years of your injury.

To find out whether you are entitled to make a claim, or to commence your claim for compensation, contact us today.