Your rights

You have a right to seek legal advice in the case of a motor vehicle accident claim.

Unlike many generalist law firms, QCL focus only on personal injury law.

You have a right to consult a lawyer before you sign any papers.

You are not bound to sign any paperwork, from any person or organisation, before you consult your own lawyer. If anyone is pressuring you to sign or insinuating that you have to, tell them that you know your rights.

You have a right to know the time limits that apply to a motor vehicle accident claim.

Generally speaking, you have 3 years to commence a claim in the Court. To protect your rights to claim within this period, a ‘Notice of Accident Claim Form’ must be served on the CTP Insurer according to the following time frames:

  • If you are not consulting a lawyer, you have 9 months after the date the injury occurred (or on the first appearance of symptoms) to serve the ‘Notice of Accident Claim Form’.
  • Once you have consulted a lawyer, you have one month to serve a ‘Notice of Accident Claim Form’ on the CTP Insurer.

IMPORTANT NOTE: Should notice not be given as above, a ‘reasonable excuse’ must be given and a claim has the potential not to be capable of going ahead.

In instances where the other party to the accident cannot be identified, the ‘Notice of Accident Claim Form’ must be served on the ‘Nominal Defendant’ within 9 months of accident, irrespective of the 3 year limitation period.

Note: The ‘Nominal Defendant’ is a statutory body which acts as the compulsory third party insurer in cases such as above. It is funded from the Compulsory Third Party insurance fees you pay in your car registration.

REMEMBER: Each individual case is different. Legal advice should be sought as soon as possible after the injury or the onset of symptoms occur.

You have a right to know what damages are recoverable in a personal injuries compensation claim.

The following damages are generally recoverable in personal injury claims:

  • pain and suffering
  • loss of enjoyment of life
  • medical, medication and rehabilitation expenses
  • past lost wages
  • future loss of wages
  • future medical and rehabilitation
  • care and assistance provided by family and friends (in some circumstances)
  • paid care and assistance
  • home modifications
  • legal cost in some cases

You have a right to question decisions which you think aren’t fair.

Having a claim refused is not necessarily the end of the process. Neither is an offer that is too low or unfair. We can help you decide if the best course of action is to lodge a claim in court and ask the judge to decide.

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You can talk to a lawyer right now for a free consultation.

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