What is a motor vehicle injury and who can make the claim?

The claim is made against the compulsory third party insurance (CTP) insurer of the "at-fault" car accidents. In Queensland, all vehicle owners are obliged to have a compulsory third-party (CTP) insurance policy attached to their vehicle's registration. In cases when the "at-fault" vehicle involved is not registered, a purpose-built government body - known as the Nominal Defendant - stands in the place of the third party insurer.

What are the associated time limits?

To meet these guidelines, you must lodge your insurance claim within nine months of the accident date, or within one month of consulting a lawyer with legal fees. If you don't do so, you can still lodge a claim, however, you need a plausible reason for the delay. In addition, if you fail to commence court proceedings within three years of the date of the accident, you permanently forfeit your right to claim.

It's important to keep in mind that if you can't identify the "at-fault" vehicle, you should contact the KMB Legal team immediately. If a car can't be identified, or its registration has lapsed, you only have three months from the date of the accident to lodge all associated claim forms.

What can I claim for?

You are allowed to claim for the following items:

• Past income loss

• Future loss of income

• Out of pocket expenses (i.e. medical expenses, medication, surgery, physiotherapy, chiropractic treatment, and hospitalization)

• Pain and suffering

• Any essential assistance or care you have needed or will need in the future.

After lodging your claim form and we've been informed by the insurance company that they are liable for the accident that happened, we can secure the necessary funding for rehabilitation costs from them. This will result in less financial strain for you at a time when your financial pressures are already significant.

Am I eligible to claim after motor vehicle accidents?

Provided you can prove you are not at fault or the accident was partially your fault, you are eligible to claim damages. You may also claim for damages under the following circumstances:

• If you were a passenger either in a car accident or on a motorcycle.

• If you were a pedestrian or were on a bicycle and were hit by a car accident, motorcycle, truck, or another registered motor vehicle.

• If you were either a driver or passenger and the motor vehicle crash or car crash was a result of a defect in your vehicle.

As you can see, there are many circumstances under which you can lodge a claim. However, it's vital that you call or email us for an initial consultation, during which we will discuss your rights.

How much will I receive from my insurance company?

The overall worth (i.e. quantum) of your claim is dependent on how the motor accident, car crash, or accident has affected your life, and most importantly, your capacity to work. If the impact on your life was minimal and you recover from your motor vehicle injuries quickly, then your claim will likely be modest. However, if your injuries severely impact your ability to perform your job, or require you to change employment, your claim will be much more significant.

Of course, there are a variety of factors that influence the final settlement you receive. The reason being, there are many "heads of damage" you can claim for. The team at KMB Legal are injury insurance claim experts, so we can adequately apprise you of all possible avenues for obtaining workers' compensation. This is why we consider obtaining legal advice essential.

What happens next?

You should make an appointment with us as soon as possible. It's essential to speak to a lawyer before signing any documents from the other party or their insurer. If not, this can impact your right to claim. As time limits apply to motor vehicle accidents claim, you should speak to our personal injury lawyers right after the car crash, or accident scene. They can inform you of your rights and the claims process.

Seek legal advice

By law, you're entitled to receive damages for fatal injuries caused by the other driver or another person fails. For further information, contact KMB Legal today for legal services in Western Australia, your car accident lawyers. Get our contact details for a free consultation regarding your legal rights.

The majority of claims are covered by our no win, no fee policy legal costs. Put simply, you only need to pay our professional fees if the judgment is made in your favor.