Jul

23

Motor Vehicle Accident Claims

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In Queensland, any person who is injured as a result of the negligent operation of a motor vehicle, an unidentified or unregistered vehicle by another person, may be able to make a claim against the Compulsory Third Party Insurer of that motor vehicle.

It is important to seek legal advice as soon as possible in these circumstances, as there are a number of very important time limitations in relation to lodging a claim.

If you are in a motor vehicle accident where you receive injuries, it is important to ascertain the information of the driver of the vehicle that is responsible. You must report the matter to the Police if you have suffered any injury as a result of the accident.

You are required to inform the Compulsory Third Party Insurer within 9 months of the accident and/or 1 month of instructing a Solicitor to act on your behalf.

There are certain documents which then have to be served on the insurer in relation to the accident outlining the following information:

  • Your personal particulars
  • Details of the motor vehicle accident
  • Details of the person you believe responsible for the accident
  • Details of the injuries
  • Details of any previous injuries you have had
  • Details of all medical treatment
  • Details of any economic loss you have suffered as a result of the accident

The insurer, under the Motor Accident Insurance Act, is required to assist with rehabilitation and we can on your behalf make application to the insurer to meet payments for medical treatment such as physiotherapy, counselling, surgery etc.

Once the claim has been lodged, the insurance company has 6 months to advise whether they admit liability either in whole or in part.

Once you have recovered from the accident, settlement negotiations will be undertaken and are required by the act to try and resolve the matter with a minimal cost. The Act encourages people to resolve the matter without proceeding to the expensive cost of litigation and Court proceedings.

At Ferguson Cannon, we understand the necessity to resolve these types of matters expeditiously for the benefit of you, the client.Our lawyers have extensive experience in this area and we would be more than happy to discuss with you details of costs and outline the procedure required to ensure a successful and speedy settlement of your claim.

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Category: Business, Dispute Resolution, Fact Finders, General, litigation

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