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Motor Vehicle Accident

3 Things to Know if You are Involved in a Motor Vehicle Accident

By | Articles, Compensation

Involvement in a motor vehicle accident is something we all drive to avoid. Motor vehicle accidents can not only cause serious injury to yourself or your passengers, but from the moment of impact may also create unplanned and unwanted stress and costs. If you are involved in a motor vehicle accident, there are 3 important things to remember.

Motor vehicle accidents can be an unnerving and unpleasant experiences for most people involved. We understand that following an accident, it is likely that you will suffer from shock amongst a number of other possible injuries. However, there are 3 simple tips you should try follow if you find yourself involved in a motor vehicle accident.

  1. Record the details of the incident

One of the most important things you should do following a motor vehicle accident is to take notes, pictures or videos of what has occurred. This should include taking the contact details (name, number and address) of the other driver or drivers involved, as well as the number plate, make and model of the other vehicle or vehicles involved in the accident. It is important to record the location of the accident which can include noting any close by roads or buildings if you are not sure of the specific address. It may also be helpful to record the time of day and weather conditions. Another thing to consider is to take the name and number of any witnesses to the accident who could be contacted at a later time to give an account of what happened.

  1. See your doctor

Unfortunately, some motor vehicle accidents do require emergency transport to a hospital. If you suffer serious injury and require immediate transport for treatment, it can help if you are able to take note of the emergency services which attended and the hospital to which you are taken. If you do not need to attend the hospital immediately after a motor vehicle accident, it is still important that you to attend your GP or medical practitioner shortly after the accident or as soon as you begin to suffer pain or discomfort. When you attend a doctor, they will record the fact that you were involved in a motor vehicle accident and can begin to assess the injuries you may have suffered.

  1. Make a police report

We understand that following a motor vehicle accident, it is common for the drivers involved to exchange details and handle the incident without the involvement of the police. However, it is important that after the accident you go to your local police station and report what has occurred. Police reports are very useful and are required should you decide to make a claim for compensation. The Police will provide you with what is known as a ‘QP’ number and this number will be necessary when making a claim.

These 3 tips can provide you with some initial guidance as to what you should do if you are involved in a motor vehicle accident. If your doctor advises that your injuries require ongoing treatment – whether significant treatment such as such as surgery, or more regular treatment such as physiotherapy – you may wish to consider making a claim for compensation to assist you with these costs. A claim for compensation can also help you recover lost wages, costs associated with care & assistance and also the costs associated with out of pocket expenses such as medications, travel and medical expenses .

Contact the OMB Compensation Team for an obligation free consultation if you are involved in a motor vehicle accident and want any further information or advice following a motor vehicle accident.

motor vehicle accident

What is involved in making a claim for compensation following a motor vehicle accident?

By | Articles, Compensation, Insurance

Motor vehicle accidents can often lead to confusing and stressful times. They are occurrences people often do not consider until they themselves are involved in an accident. If you are involved in a motor vehicle accident, you should be aware of the initial processes which will be involved should you make a claim for compensation.

If you are involved in a motor vehicle accident – in Queensland – and decide to make a claim for compensation, the initial process is governed by the Motor Accident Insurance Act 1994 (QLD). This ensures that any claim made by any injured person follows the same process and involves the same steps.

The first step you have to take if you wish to make a claim for compensation following a motor vehicle accident is to serve the CTP Insurer of the other driver, commonly known as the Insured, with a Notice of Accident Claim Form. This form provides formal notice to the CTP Insurer of their Insured that you are seeking compensation for the accident which occurred, and contains all relevant information about the people and vehicles involved, the details of the accident and the injuries you have suffered.

It is important to remember that if you wish to make a claim for compensation, the Notice of Accident Claim Form must be served on the CTP Insurer within 6 months from the date of the motor vehicle accident. However, if you decide to consult a solicitor about the possibility of making a claim for compensation following a motor vehicle accident, you are then required to serve the Notice of Accident Claim Form within 1 month from the date you met with your lawyer.

After you have served the Notice of Accident Claim Form on the CTP Insurer, they will have 14 days to assess the Notice of Accident Claim Form and provide a compliance response. This is a formal response confirming that your claim for compensation is compliant with the requirements of the Motor Accident Insurance Act 1994 (QLD).  Once you have compliance, the CTP Insurer should then offer to meet your reasonable rehabilitation costs.

From the date of compliance, the CTP Insurer then has 6 months to undertake investigations into the accident. These investigations allow the CTP Insurer to fully understand the circumstances of the accident and to determine whether they admit or deny liability for the accident. During this time, you should consider getting further and formal medical assessments of your injuries, and gathering information about the damage you may claim, such as lost wages and medical or pharmaceutical expenses.

After the 6-month investigation period has passed, the CTP Insurer has to provide notice as to whether they accept liability for the accident. It is at this time that they will likely also attempt to make an assessment of your damages and attempt to resolve your claim through making you a written offer of settlement. With any offer made by the CTP Insurer, it is important that you understand the process and the offer being made.

The offer needs to include any amount you are entitled to claim for:

  1. General damages
  2. Economic loss
  3. Medical expenses (past & future)
  4. Care and assistance
  5. General out of pocket expenses

When any offer is made, it is important to make sure that the offer includes everything you may be entitled to claim as any settlement is a once and for all settlement.  For this reason, an injured person may choose to seek assistance and advice when negotiating a settlement

It is common that the parties involved in a motor vehicle accident will attend a compulsory conference to discuss the accident and their offers of settlement. Claims for compensation are commonly settled at this stage, however if you do not accept the offer of settlement, you will then have to make a formal Claim for damages in Court.

The process involved in making a claim for compensation following a motor vehicle accident has been streamlined by the Motor Accident Insurance Act 1994 (QLD) however we understand can still be an overwhelming and confusing. If you have been involved in a motor vehicle accident and are considering making a claim for compensation or have any questions about what is involved in making a claim for compensation, contact our Gold Coast Lawyers team for an obligation free consultation.

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