Car Accident Lawyers Brisbane
Legal Assistance for Vehicle and Property Damage Claims and motor vehicle personal injury claims in Queensland
Our team of car accident lawyers in Brisbane assist car accident victims recover the value of property damage done to their vehicle and involved property. From minor dent repairs to major smash repairs, hire vehicle expenses and replacement costs for equipment and personal effects within the damaged vehicle, our car accident lawyers can provide legal assistance and representation in negotiations with insurers and directly with uninsured parties to put you back in the position you would have been before the accident.
If you were personally injured in the car accident, our lawyers can also assist with a personal injuries claim to obtain appropriate compensation.
Helping You Claim the Compensation You Deserve
CTP Claims for Riders and Passengers
If you have suffered injuries as a rider or passenger, you may be entitled to compensation. You can make a Compulsory Third Party (CTP) claim against the at-fault party’s insurance company to help with your medical and living expenses.
Undergoing the aftermath of a motor vehicle accident claim can be an overwhelming and distressing experience. That is why we offer complimentary case reviews. We can answer any questions you may have about your motor vehicle accident claim and help put your mind at ease.
Your Guide to Compensation Claims with Car Accident Lawyers in Brisbane
There Are Four Basic Rules That You Should Follow That Will Help You With a Personal Injury Compensation Claim
You are entitled to compensation if you have suffered any loss due to an accident, and these four rules will help guide you through your compensation claim.
Attend your medical practice as soon as possible and tell your doctor the symptoms you are feeling due to the accident.
If your GP has prescribed you medication, it is important that you buy the medication and keep the receipt(s).
Should your symptoms persist, do your best to receive rehabilitation treatment such as physiotherapy.
Show your economic loss.
If you have suffered a reduction in your income or a decrease in your working hours and even had to use sick leaves due to the injuries, you are entitled to compensation for such loss. Always keep clear records such as payslips, payment summaries and income statements.
What is a Compulsory Third Party Claim?
What Can I Claim for?
A CTP (or Compulsory Third Party) claim is a compensation claim where you seek damages for personal injury, economic loss and incurred medical and other expenses arising from an accident involving the use or operation of a motor vehicle on a Queensland road. You can make a CTP claim if your injuries result from being struck or forced into an accident by a motor vehicle. The CTP insurer of the involved vehicle (which includes the Nominal Defendant for uninsured vehicles or vehicles that cannot be identified) will be liable to pay your damages if their insured owner/ driver was at fault for causing the accident and your injuries.
Additional to any claim for pain and suffering resulting from your injuries, you can claim for past and future economic loss, treatment and care costs, domestic assistance, home modification costs, travelling expenses and more.
Rin Kim Law offers complimentary and obligation-free case reviews to see whether you have a pursuable case and to answer any questions.
What Is the Process of Making a Car Accident Claim in QLD?
Understanding Claims with Car Accident Lawyers in Brisbane
The process begins with submitting a Notice of Accident Claim Form against the at-fault driver’s compulsory third party (CTP) insurer.
CTP insurance is not the same as comprehensive or property damage insurance — all vehicles driving on Queensland roads are required to have CTP insurance, which is paid as part of their annual registration fee.
CTP Insurance for Unregistered Vehicles
How CTP Insurers Manage Your Claim
Information Required for Your Claim
The CTP insurer’s appointed representative will request further information from you, such as:
Medical reports and records
Wage, employment, and tax records (if you are claiming for economic loss)
Expense receipts to assess your compensation claim
Settlement Offers and Legal Advice
Sometimes, an offer of settlement may be made early in the process. However, it is always advisable to obtain independent legal advice before accepting any settlement offer.
There is no obligation on the CTP insurer or their lawyers to make a fair or reasonable offer. They are often looking for an easy, quick, and inexpensive outcome without properly considering your rights and interests.
Frequently Asked Questions
What’s your fee structure for car crash cases?
Rin Kim Law can represent injured claimants for an non-contingent agreed fee or hourly rate; although the most common arrangement is on a contingency fee basis, meaning we only charge fees if we successfully secure compensation for you. These “no-win-no-fee” arrangements are capped at not more than 50% of the net (after statutory refunds and outlays) settlement or court judgment achieved; although fees typically range from 25% to 40% of the settlement or judgment amount.
How do I claim car crash compensation?
To claim car accident compensation in Queensland, you need to follow these steps:
- Report the accident to the police.
- Seek medical attention and obtain a medical certificate.
- Complete and submit a Notice of Accident Claim Form to the CTP insurer of the at-fault vehicle within 9 months from the accident date or one month from the initial consultation with your lawyer.
- Gather evidence to support your claim, including medical records, financial records, expense receipts and witness statements.
What is the average CTP payout in Queensland
The average CTP payout in Queensland varies depending on the severity of injuries and the circumstances surrounding the accident. Payouts can range from a few thousand dollars for minor transcient injuries to hundreds of thousands dollars or more for severe permanent injuries.
How do I claim against someone’s comprehensive/ property damage car crash insurance in Australia?
To claim against someone’s comprehensive/ property damage car insurance in Australia, follow these steps:
a) Obtain the at-fault driver’s insurance details, including their insurer’s name and policy number.
b) Contact the at-fault driver’s insurer to report the accident and initiate a claim.
c) Provide the necessary documentation, such as the police report, damage assessment reports, and repair estimates.
d) The insurer will investigate the claim and determine liability before offering a settlement.
e) You may benefit from legal representation or advice to overcome any denial of liability, unreasonable apportionment for contribution to the accident on your part and to obtain a higher payout than otherwise offered.
How long after a car crash accident can you claim in Queensland?
In Australia, the time limit for making a car accident claim varies by state or territory. In Queensland, you have three years from the date of the accident to file a claim and protect your legal rights, unless the injured person is a minor (if under 18, the injured person has until their 21st birthday to take the required steps to protect and maintain their right to compensation). The CTP insurer is under no obligation to advise or assist you in that process. It is strongly recommended that you to consult with a lawyer familiar with Queensland CTP law to determine the specific time limits that apply to your case. Rin Kim Law offers complimentary, obligation-free confidential case reviews to see whether you have a pursuable case and to answer any questions.
Can you sue someone for a car crash in Australia?
You can sue someone for a car crash in Australia if they were negligent and caused your injuries or property damage. However, you must follow specific procedures and meet certain criteria to establish negligence and pursue compensation. Rin Kim Law offers complimentary, obligation-free confidential case reviews to see whether you have a pursuable case and to answer any questions.
What to do in a motor vehicle accident in Queensland
If you’re involved in a motor vehicle accident in Queensland, follow these steps:
a) Ensure everyone’s safety and call the Queensland Police (000) and also emergency services if necessary (if a person is trapped in a vehicle or if fuel or battery is leaking and there is a risk of explosion or fire).
b) Exchange contact and insurance information with all involved parties and obtain witness contact details.
c) Take photos of the accident, vehicle damage, and any injuries.
d)Seek medical review and treatment (even if you initially think you are uninjured).
e) Notify your comprehensive/ property damage insurance company (if you have it) and seek legal advice if needed.
How long does an insurance company have to investigate a claim in Queensland?
In Queensland, CTP insurance companies must respond to your claim within 14 days of receiving it. They may request additional information or investigate further, but they must keep you informed throughout the process. Once the investigation is complete, they must notify you of their liability decision within 6 months from the date of receiving notice of a claim. Rin Kim Law regularly publishes updated data on CTP insurer response and claim settlement times on this website.
Can Rin Kim Law handle my case if I’m not in Brisbane?
Rin Kim Law handles car accident claim cases across Queensland and Australia, including Townsville, Cairns, and the Gold Coast. We offer remote consultations and can represent you in the relevant court, commission, or tribunal, whether in person, via court- or tribunal-endorsed videolink, or through approved local agents.
