Motor vehicle accidents can be life-altering events, causing physical pain, emotional distress, and financial strain. Navigating the legal landscape of motor vehicle claims can be daunting, but with the proper knowledge, you can protect your rights. This guide, provided by Evolve Legal’s Senior Associate Janet Clark, aims to shed light on the claims process, especially for personal injuries resulting from motor vehicle accidents.
The Core PI division of Evolve Legal acts in dependency claims arising from fatalities from motor vehicle accidents.
However, most of our matters are for the survivors of those types of accidents who have sustained personal injuries, some worse than others, and live in pain, with restriction and/or with a psychological injury that impacts their day-to-day life, lifestyle and capacity to work.
In Queensland, all personal injury claims that are not resolved earlier, other than those involving child abuse, must be commenced in a court within three years of the date the action arises. This is usually the date the injury is sustained, but the time limit can run from a later date in some circumstances, such as a claim on behalf of a child where the time limit is three years after the child has turned 18. There are also other limited circumstances where the time limit can be extended further. So, it is essential, even when the time limit has passed, that an injured person obtains legal advice on whether a claim can be brought.
The Scope of Evolve Legal’s Involvement
The Core PI division of Evolve Legal specialises in dependency claims stemming from fatal motor vehicle accidents. Nevertheless, most of our cases involve survivors of such incidents. These survivors often bear physical and psychological scars, impacting their everyday life, lifestyle, and ability to work.
Insight into Motor Vehicle Claims
The Motor Accident Insurance Act provides for a claim to be made for personal injuries caused by, through or in connection with a motor vehicle if the injury is a result of:
- Driving of the motor vehicle.
- Efforts to avoid a collision.
- The vehicle running out of control.
- A vehicular defect causing a loss of control.
When you pay your registration fees on your vehicle, the registration fee includes a component for Compulsory Third Party Insurance. CTP Insurance is a mandatory policy in Queensland that generally covers the liability of you or anyone who drives your vehicle with your permission for injury caused to passengers or other road users in an at-fault motor accident.
Suppose the at-fault vehicle is not registered or cannot be identified, such as in a hit and run. In that case, the claim is brought against the Nominal Defendant, a statutory body that acts as the CTP insurer. There is a further time limit regarding claims made against the Nominal Defendant, which requires the Notice of Accident Claim Form to be served upon the Nominal Defendant within 9 months of the date of the accident. With claims where the at-fault vehicle cannot be identified, the injured person must prove that reasonable steps have been undertaken to identify the at-fault vehicle. So, steps must be taken to secure any available CCTV footage immediately. We may also need to advertise in local newspapers, calling on anyone who witnessed the accident.
Identifying Delayed Injuries
In many cases, a person’s injuries, such as a whiplash or psychological injury, may not be apparent immediately following the accident. Studies have shown that the symptoms of a whiplash injury can develop immediately upon impact of the vehicles, within a few hours, a few days or even a few weeks following the accident.
If emergency services, the Police and Ambulance, have not attended to the accident, there must be some contemporaneous reporting of the accident, injuries, and symptoms. We recommend an injured person see their doctor or attend the hospital to report the accident, injuries, and symptoms immediately.
Understanding the intricacies of motor vehicle claims is crucial for those affected. With this knowledge, victims can better navigate the legal landscape and ensure they get the compensation they deserve.
How Evolve Legal Can Help
Evolve Legal boasts seasoned personal injury lawyers who specialise in motor vehicle claims. Our dedicated team ensures that each client is aptly guided and represented, making the claims process seamless and efficient.
Don’t navigate this journey alone if you or a loved one have been impacted by a motor vehicle accident. Let Evolve Legal guide you every step of the way. Contact us today for a consultation and ensure your rights are protected.
Posted in: Personal Injury
September 25 2023