Motor Vehicle & Car Accident Lawyers Brisbane | Be Heard, Be Helped

When you crash hard (often at the worst times), our motor vehicle and car accident lawyers in Brisbane can help steer you toward compensation and recovery.

Who can make motor vehicle accident claims?

In Queensland, anybody injured in a motor vehicle accident may be entitled to claim under the Compulsory Third Party (CTP) scheme. This includes:

  • Driver and passenger injuries
  • Motorcycle rider or passenger injuries
  • Cyclist injuries
  • Hit and run incidents
  • Truck accidents
  • Pedestrian injuries
  • All major and minor car accident injuries

The crash must be wholly or partially the fault of another person, and the claim must be made against the at-fault driver’s CTP insurer. If you were partly responsible, you may still be able to make a road accident claim. However, this typically means your compensation will be reduced accordingly.

As trusted Brisbane car accident lawyers, we know the ins and outs of personal injury law and will do whatever we can to ensure you get what you’re entitled to. Remember, strict time limits apply – begin your road to recovery now.

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What does motor vehicle accident compensation cover?

Each case varies, so compensation for motor vehicle accidents is case-specific. Rogalski Lawyers specialises in personal injury law and our experience allows us to provide accurate claim valuations. If an agreement cannot be met with the insurer, we can provide robust representation in court on a no-win, no-fee basis.

Generally, you can receive compensation for the following:

Pain and suffering

Past and Future loss of income (including superannuation)

Past and Future medical treatment

Care and assistance provided commercially and by loved ones

Coverage is unlimited for road accident claims, meaning there is no set limit on awarded amounts. However, the process relies heavily on evidence. You’ll need clear documentation, receipts, and relevant info to support your claim amount.

Common Motor Vehicle Accident Injuries

While each case and person is unique, the most common motor vehicle accident injuries include:

  • Whiplash
  • Spinal injuries (particularly to the lower back and neck)
  • Fractures
  • Burns
  • Degloving
  • Internal bleeding
  • Psychological injuries

Beyond physical injuries, emotional trauma post-accident can be just as debilitating. If you are feeling worried, confused and unsure how to get help, Rogalski Lawyers are here for you. Our lawyers are kind, approachable and committed to easing your healing and claims journey.

Do you really need a car accident lawyer?

In the aftermath of an accident, navigating the claims process can add more stress to an already tough time. Negotiating with insurers may seem straightforward, but some claims can quickly become complex, piling on more confusion and worry. As a fault-based system, proving negligence is the key to a successful claim.

Our experienced road accident lawyers can ease the burden, handling everything with absolutely no up-front fees – we’ll file your claim, negotiate settlements, and stand by you in court if needed. Your focus? Recovery and healing.

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We’ve helped hundreds of clients since 2018

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Daphne

After Daphne’s husband passed away from Mesothelioma, Rogalski Lawyers stepped in to ease the burden of understanding the legal requirements and claim process that followed.

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Gareth

We wouldn’t take no for an answer or less than Gareth deserved when he lost his savings after a motor vehicle crash.

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John rates Rogalski Lawyers’s legal service a 10 out of 10! We are glad to have made the asbestos claim process straightforward and stress-free.

What is the accident claims process?

1.

The Accident

After a motor vehicle crash, record the registration plate of the at-fault driver’s vehicle. If you cannot do so (e.g., in the case of a hit and run), obtain the contact details of any witnesses, contact the police immediately and identify any surrounding cameras that may have captured the event (including dash cameras and CCTV). Hopefully, you will have exchanged details with the other driver and taken photos of the scene.

2.

Free Initial Meeting

We can meet you in person (your place or ours) or simply chat on the phone to hash out the details of your incident. This meeting will confirm the nature of your injuries to determine if you have a claim to pursue. We know that taking legal action can be daunting – you can count on us to simplify the process and treat you with compassion and respect.

3.

Claim Lodgement

Before starting a court claim (commonly known as a common law claim), you must submit a ‘Notice of Accident Claim form’ with the relevant insurer. There are strict time limits that apply. These vary depending on the circumstances of your accident. For that reason we strongly recommend that you seek our expert advice to give you the best chance of success.

4.

Liability and Discovery

Upon receiving your claim form, the insurer will confirm whether it admits or denies liability for the accident. During this process, documents are exchanged to help the parties understand various aspects of the case.

5.

Liability Response

Upon receiving your claim form, the insurer will contact you to confirm its accuracy and discuss covering reasonable rehabilitation expenses. They have six months to decide on liability and aim to settle the claim as soon as possible. If an agreement cannot be reached, we will have to take the matter to Court for resolution.

6.

Disclosure/Document Discovery

During the pretrial phase of a motor vehicle accident lawsuit, the discovery process uncovers the opposing side’s claims. It includes three main types: interrogatories (written questions), document requests for evidence, and depositions (out-of-court, under-oath statements).

7.

Expert Examination

Once your injuries are stable, your lawyer will arrange medical evaluations, known as medico-legal examinations. It’s crucial to note that the doctor your attorney refers you to is trained to assess and provide accurate reports for the court. Obtaining a medico-legal report from your general doctor is generally discouraged as their role in providing treatment compromises their independence.

8.

Compensation

Most vehicle accident injury claims reach settlements outside the courtroom. We aim for fair settlements through negotiation, sparing you the added expenses and stress of a trial. A settlement can easily be reached if both parties agree on a suitable compensation amount. If your claim proceeds to court, we can provide strong representation and guidance.

Want to know if you have a claim?

Our lighting-fast, user-friendly online claim checker can confirm if you have a valid claim.

Motor Vehicle Accident Claims FAQs

Am I still able to claim if the at-fault vehicle was unregistered?

Yes. The CTP scheme in Queensland makes provisions for those injured in motor vehicle accidents to claim against a person driving an unregistered vehicle.

I was injured in a road traffic accident, but the driver at fault did a hit and run and left the scene. Can I still claim compensation?

Yes. You can claim against an unregistered vehicle (even if it’s unidentified), through the CTP scheme in Queensland. However, this type of claim requires additional information so all care should be taken to obtain legal help as soon as possible to navigate the claims process.

Can I still claim if I am partly to blame for the accident?

In Queensland, you are still able to claim compensation for injuries sustained in a motor vehicle accident even if you are partly to blame. However, a reduced compensation amount would be awarded, generally lower than would be typically paid in a no-fault claim.

Do time limits apply to road accident claims?

Yes. Strict time limits apply to road accident compensation claims, so we strongly recommend that you seek legal advice without delay.

Am I able to claim on behalf of a family member who died as a result of a car accident?

If your family member was killed in a motor vehicle accident and was not at fault, then you may be able to make a claim.