There are two different pieces of legislation that are relevant to your motor vehicle accident rights. A quick scan of each is perhaps the best way to illustrate why it is important to engage a personal injury lawyer who understands these Acts intimately.
Motor Accident Insurance Act 1994
The Motor Accident Insurance Act 1994 established a compulsory third party insurance scheme. This ensures that people injured in motor vehicle accidents can claim for damages for personal injuries they have sustained in a motor vehicle accident that was not their fault. All registered drivers pay compulsory third party insurance as a component of their registration. However, if your accident was caused by an unregistered driver or you do not know the registration number, you are still protected. The Nominal Defendant is a statutory body established by the government within the Motor Accident Insurance Act 1994 to compensate claimants who may have been injured as a result of the negligent driving of either an unregistered (uninsured) or unidentified motor vehicle. The Notice of Accident Claim Form must be served on the Nominal Defendant within three months of the date of accident. For the purpose of lodging a Notice of Accident Claim Form, the Nominal Defendant is considered a licensed insurer.
Limitations of Actions Act 1974
The Limitation of Actions Act 1974 (Qld), sets out timeframes for seeking damages in personal injury cases. However, the Workers’ Compensation and Rehabilitation Act 2003, Personal Injuries Proceedings Act 2002 and Motor Accident Insurance Act 1994 set out a detailed claims procedure to be followed prior to commencing court action with specific timeframes. If you do not follow the procedure your claim may not be able to proceed. It is essential, therefore, that you take legal advice on your claim as soon as possible to ensure your legal rights are protected.
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