Swanwick Murray Roche Lawyers

74 Victoria Parade, Rockhampton QLD 4700   •   (07) 4931 1888   •   SERVICE PORTAL

Road Accident Injuries Compensation Claim Law

Swanwick Murray Roche – Rockhampton & CQ Motor Vehicle and Car Accident Injury and Compensation Lawyers and Solicitors

Motor Vehicle Road Accident Claims Process

In the event you have been injured in a road accident in any type of vehicle, whether a car, truck, motor bike or bicycle then you may be entitled to compensation.

If you have lost income as a result of the accident you may be able to make a claim.

In Queensland the situation is governed by the compulsory third party scheme (CTP) which is insurance that is automatically paid by drivers of motor vehicles when paying their registration.

In respect to making a claim, the process is complex and it is very important that the correct steps in the matter are completed as there are strict time limits. Generally, the following process occurs:

  • The accident is reported to the police and they provide an incident number in respect to the event;
  • All parties provide their registration and information details;
  • Attendance on a medical specialist to complete the necessary medical certification;
  • Completion of a Motor Accident Notice of Claim Form;
  • Lodging of that Form with the insurer of the party who is at fault for the event.
What we do

Motor vehicle and car and motorbike accident and road accident and injury compensation law is a key service that we provide to corporate and private clients.

We provide compensation law services to corporate clients and individuals in all compensation areas including the following:-

Swanwick Murray Roche is a Queensland compensation and injury law firm. Our team are experienced compensation and CTP insurance Lawyers and Solicitors.

Our injury and accident Lawyers and Solicitors are deeply experienced and focused on getting you a fair result.  The firm has been responsible for several of the highest damages awards in Queensland and are specialists in car accident claims.

Our Process

Our Queensland compensation law Lawyers and Solicitors will assist you with your compensation claim and ensure that you know about your rights and entitlements.

Our process is this:

Step 1: Get in touch – tell us what happened, we are here to listen.

Step 2: Free first consultation – our first consultation is free, we will organise to sit down with you anywhere in Australia and listen to your story and take down all the particulars we need to give you initial advice.

Step 3: Negotiation – We will manage all discussions with the insurer on your behalf to get you the best result possible.

Step 4: Settlement – We will process your payment as soon as we receive it.

No Win, No Fee

We offer no win, no fee compensation claim work. This means that if we take your case on and it isn’t successful then you won’t have to pay our legal fees. Speak to us more about how we can arrange a no win, no fee policy.

We will meet you anywhere

If you are involved in an accident or are injured, there will be so many overwhelming things for you to think about. Let us make it easier – we will come to you, anywhere in Australia by agreement, to make things easier for you.

FAQ

How much will it cost to make a motor vehicle or car accident claim?

Every motor vehicle claim is different so compensation payouts will differ, depending on the severity of the accident suffered and the circumstances of the event. The total cost of the claim will depend on the amount of work the claim requires.

Will I need to go to court for a motor vehicle accident or car accident claim

Most motor vehicle accident claims are resolved before trial by way of settlement.

How much compensation will I receive for my motor vehicle or car accident claim

Every situation is different and injuries affect people in different ways, so compensation payouts for car accidents vary on a case by case basis. A minor accident to one person may impact another to a much greater extent. The considerations are wide ranging however, will be influenced by a number of factors including:

  • The extent of your injuries;
  • The amount of out of pocket expenses you had to pay;
  • The amount of income you have lost as a result of the accident;
  • The cost of any ongoing care.

The purpose of compensation is to compensate an injured party for loss or damage they have suffered as a consequence of the injury.

Who pays the motor vehicle or car accident compensation?

The compulsory third party insurer of the person involved will pay the compensation.

What type of motor vehicle accident related injuries can I claim for?

You can claim workers’ compensation injury for injury or illness sustained through work related activities. Some common injuries include:

  • Spinal injuries;
  • Whiplash injuries;
  • Burns;
  • Fractures;
  • Crush injuries;
  • Injuries to the respiratory system;
  • Psychological injuries;
  • Nervous shock in relation to the psychological reaction a family member has in respect to the news that a loved one has been involved in an accident;
  • Brain injuries;
  • Shoulder Injuries;
  • Neck Injuries;
  • Back Injuries;

Are there time limits as to how long I have to make a workers’ compensation claim?

Time limits vary under different State and Federal laws. It is important that you report your injury to your work and workers’ compensation insurer as soon as possible. Strict time limits do apply to Motor Vehicle compensation claims. To avoid missing any important dates, you should contact a Lawyer quickly.

Can I claim for a death of a member of my family who died in a Motor Vehicle  accident?

If a member of your family has died in a workplace accident you may be entitled to claim damages under the CTP legislation.

What happens if I don’t win my  claim?

If you aren’t awarded any compensation you won’t have to pay any of your legal fees however, you may have to cover the legal costs of the person or company which you made the claim against.

What if the vehicle involved in the accident is not registered or unidentified?

In these circumstances a statutory body called the Nominal Defendant is responsible for the claim and the claim continues as normal against the Nominal Defendant as opposed to the CTP insurer.  There are however far stricter time limits relating to Nominal Defendant claims.  To avoid missing any important dates, you should contact a Lawyer quickly.

If the motor vehicle or car accident was my fault, can I still make a claim?

This depends on whether you are fully at fault or partially at fault. If you are fully at fault, it is unlikely that you are entitled to any compensation. However, if you are partially at fault, you may be able to recover some compensation.

Can I claim income protection through my superannuation?

Yes you can. If you have taken out income protection as part of your superannuation policy. Also if you are forced out of your trade or job due to your injury you may be entitled to a superannuation lump sum.

Our Team

Head to our team members page to meet our professionals.

Resources

Check out some of our recent legal updates and compensation resources that you might find useful on this Compensation Resources link. Please remember that these updates and resources are general guidance only. If you need legal advice, you should contact us to discuss your matter as your personal circumstances may not suit the circumstances described in the updates and resources.

Contact

To talk about your matter – reach out to us via any means to start a conversation. All of our contact information is listed here on our Contact Page.

MEET OUR TEAM.

David Lipke

David Lipke is a partner of our Rockhampton firm overseeing the litigation and insurance division in the firm. His experience includes work in institutional claims, workers compensation and motor accident claims.

Terry Tummon

Terry Tummon is a partner of the firm overseeing the family law division. Terry’s experience includes dealing with property settlement and litigation matters.

Robert Rooney

Robert Rooney is a partner of the firm overseeing the commercial & business, property, wills & estates division. His experience includes commercial transaction and advisory work.

Katina Perren

Katina Perren is a solicitor of the firm, Independent Children’s Lawyer and Separate Representative. Her experience includes work in custody, separation, divorce and property settlement matters.

Nicola Goodwin

Nicola Goodwin is a solicitor of Swanwick Murray Roche practicing in family law, divorce and separation matters, parenting disputes and court applications for family matters.

PUBLICATIONS

Choosing an executor for your Will

Choosing an executor for your Will What is an executor? An executor of a Will is a person or people who you 

READ FULL ARTICLE

Two mates gambling on horse races – constitute a partnership?

Two mates gambling on horse races – constitute a partnership? Background of the matter Judgement was given on 24 July 2020 by 

READ FULL ARTICLE

Estate Planning & Family Law – What you need to consider…

Separations and divorces can be very stressful experiences. There is a lot to think about and a lot to deal with. Sometimes 

READ FULL ARTICLE

How to get a copy of a will

Who can demand to see a copy of the last Will? When a person dies, the following people are legally entitled to 

READ FULL ARTICLE

Refusing requests for Annual Leave | Employment Law

Refusing Requests for Annual Leave The decision of the Fair Work Commission in the case of Adriana Stevens v Horsley Park Supermarket Pty 

READ FULL ARTICLE

Australian worker won landmark privacy case against employer after he was fired for refusing to use a fingerprint scanner at work

The Case & Decision An Australian employee (Jeremy Lee) won an action against his employer after he was fired for refusing to 

READ FULL ARTICLE

New Drone Laws

New Licensing and Registration Requirement From 1 July 2019: before a pilot can operate any drone weighing more than 250 grams, the 

READ FULL ARTICLE

How much Child Support should I receive?

Calculating Child Support The Child Support (Assessment) Act 1989 (Cth) imposes an obligation on a parent to maintain their children in the form of child 

READ FULL ARTICLE

What is an Enduring Power of Attorney?

Enduring power of attorney An enduring power of attorney is a formal document giving another person the authority to make personal, health 

READ FULL ARTICLE

Property Settlements | Valuing Property

Property Settlements | Valuing Property Agreement on property value… If the parties agree on values for an asset or debt, the Court 

READ FULL ARTICLE

What happens if you die without a Will?

Introduction In this article, we look at what happens if you pass away without a Will or, perhaps more commonly, what you 

READ FULL ARTICLE

Privacy | Recording Devices, Telephone Calls and Private Conversations

Introduction The recording of conversations in the workplace, school yard or family meetings now seems almost common place. The purpose of this 

READ FULL ARTICLE
X

Want free information & updates in the law? Subscribe to our mailing list today!