Road accident / motor vehicle personal injury compensation claims
Introduction
Strict time limits apply when seeking compensation for a motor vehicle accident, whether you are a driver, passenger, or pedestrian. You should seek medical attention immediately and this should be followed by legal advice as soon as possible. Click here to submit an obligation free enquiry or call Accident Compensation Advice on 1800 700 125.
Overview of motor vehicle personal injury claims process
After being involved in a motor vehicle accident, you should take the following steps.
- Seek medical attention immediately. If it is also possible, advise the police of your accident. If you are unable to report the accident to the police, you should do so as soon as you are able to if the police do not attend the scene.
- Seek legal advice regarding your rights. To do so, click here or call accident compensation advice on 1800 700 125.
- Give a ‘Notice of Claim’ to the insurer of the vehicle/s at fault within 9months of the accident or one month (or within three months if notice is to be given to the Nominal Defendant) of seeing a solici tor pursuant to section 37 of the Motor Accident Insurance Act (which ever is earlier). Contact Accident Compensation Advice immediately if you feel that you may be out of time.
- Pursuant to section 37 of the Motor Accident Insurance Act certain documents must be served within strict time limits and in accordance with the protocol stipulated in the act. Your personal injuries specialist will be able to advise you of these steps. Alternatively, you can contact Accident Compensation Advice by clicking here.
- If a Nominal defendant is involved very strict time limits apply. To find out if the nominal defendant will be involved in your matter refer below to the section under title of ‘Nominal Defendant’ to go there now click here.
- Medical examinations are important in all personal injuries claims including Motor Vehicle Acci dents. Your personal injuries specialist solicitor can arrange for you to be assessed by a Medico Legal specialist medical practitioner.
- After the lodging forms pursuant to section 37 the defendant will have 6 months to respond regarding liability.
- If Liability is admitted, the defendant insurer may arrange for rehabilitation to begin and may fund rehabilitation costs such as physiotherapy.
- Pursuant to the MAIA the parties will attempt to resolve the matter out of court through negotiation including exchanging offers and holding settlement conferences.
- If your matter cannot be settled out of court (very rare) then court proceedings are commenced. Steps regarding litigation must be taken before trial and these steps will be run concurrently with further attempts to settle out of court, these attempts to settle will run up until the trial date.
Read on below or click on an express link for further information. Alternatively, click here to make an obligation free enquiry, or contact our hotline on 1800 700 125.
Accident Compensation Advice retains only the most qualified personal injuries accredited specialists, KM Splatt & Associates Solicitors. Click here to learn more about KM Splatt & Associates.
Who are the defendants in a motor vehicle accident?
In Queensland, registered vehicles are required to have ‘compulsory third party insurance’ which insures against personal injuries sustained by third parties. Your action will be bought against the wrong doer and their third party insurer. The effect of the compulsory third insurance scheme in Queensland means that the wrong doer (especially if they are a friend, relative, employer or employee) will not be out of pocket for your claim for personal injuries.
Nominal Defendant
The nominal defendant will become involved in your matter if, the motor vehicle was not insured, the motor vehicle cannot be identified, or the accident involves and uninsured trailer.
TIME LIMIT FOR MAKING A CLAIM AGAINST THE NOMINAL DEFENDANT IS 3 MONTHS, after that you may lose your right to claim forever. If you believe that nominal defendant may be involved in your claim contact Accident Compensation Advice immediately.
Defendants Obligations
Pursuant to the MAIA the insurer has an obligation to attempt to settle the claim before proceeding to court. To facilitate this the Act requires the Insurer to take steps to inform itself of the circumstances of the accident within 6 months of receiving the notice of claim. The insurer must also admit or deny liability, and also make a fair and reasonable assessment of the claimant’s entitlement to damages as soon as practicable after receiving the Notice of Claim.
The defendant insurer is under an obligation to pay medical and other expenses reasonably incurred because of the injury once liability has been admitted in whole or part and arrangements can be made to fund physiotherapy etc. during the course of the claim.
The insurer has the power to act for the insured (i.e. the actual wrong doer) The insurer conducts and controls the negotiations and legal proceedings related to the claim and the has the power to compromise or settle the claim or legal proceedings.
You should seek legal advice regarding what obligations the defendant is obliged to carry out. You can do so by clicking here or by contacting our hotline on 1800 700 125.
Obligations of the person claiming damages
If the insurer requests, the claimant must undergo a medical examination and/or assessment. Proceedings cannot be commenced if the claimant refuses, without reasonable excuse, to undergo the medical examination. The costs of the medical examination and travel to and from are to be funded by the insurer.
The claimant also has a duty to co-operate with the insurer and provide information regarding the circumstances of the accident; the nature of injuries; disabilities from the accident; medical treatment and rehabilitation services sought and obtained; past medical history; details of previous claims for compensation and details regarding earning and employment if a claim for economic loss is being made.
The claimant also has a duty to provide the insurer with reports and other documents regarding the circumstances of the accident, of the claimants medical condition and prospects of rehabilitation. This works visa versa in that the claimant may request similar documents in possession of the insurer.
The claimant has a duty to mitigate the loss that they have sustained as a result of the accident. The insurer may specify what action the claimant should take e.g. medical treatment, return to work programs, rehabilitations or training programs in order to treat their injuries and reduce their loss.
The claimant may claim privilege to some documents. You should seek legal advice regarding what obligations you have to co-operate with the insurer.
Time Limits
Generally the Limitation of Actions Act 1974 places a three year period of limitation of actions for injuries from the cause of the action (usually the date of accident). However, the Motor Accident Insurance Act has imposed the following, stricter time limits:-
Generally, you have only three years from the date of an accident within which to issue proceedings in Court. If you do not comply with notification and other procedures pursuant to the MAIA and issue in Court within this time then you could lose your rights forever and be prevented from claiming.
Written notification must be given to the police.
Generally a notice of claim pursuant to s.37 must be lodged within 9 months from the date of accident, failing which your claim can be dismissed by the insurer.
Should the defendants vehicle be uninsured, or unidentified, then notice must be given to the Nominal Defendant within three months.
Time limit for making a claim against the nominal defendant is 3 months. Failure to do so will result in you losing your right to claim forever. If you believe the nominal defendant may be involved in your matter, click here.
See "Overview of Motor Vehicles Claims Process" above or contact Accident Compensation Advice for further details by clicking here.
Keiron Splatt BA LL. B.
(Accredited Specialist Personal Injuries)
Solicitor
