Brisbane based Law Firm, Motor Vehicle Accident Specialist
If you have a serious injury with permanent impairment then you need to contact us as soon as possible.
There are strict time limits that may affect your rights.
We provide advice on the following..
- Notifying the nominal defendant when appropriate
- Lodging a Notice of Claim
- Medical treatment costs
- Loss of earnings
- Rehabilitation entitlements
- Getting assistance for you in your home
- Reporting of the motor vehicle accident to the police
Please visit the Motor Vehicle Accident Section of our main website AK LAW or call Amanda Karpeles on 1300 0 AKLAW.
Most matters settle in the pre-proceedings process or shortly after.
Our Specialist solicitors can help you to claim compensation for personal injury, car damage and financial loss following a road traffic accident - give you an explanation of what a compensation claim actually is, how long you have to start your claim and answer all of your questions.
Motor Vehicle Accident Timeline
| DOA | Date of Accident |
|---|---|
| If rego of vehicle unknown or unregistered |
9 months to serve NOAC. After 9 months statute barred- CANNOT BRING A CLAIM |
| If known registered vehicle | 9 months to serve complying Notice Of Claim (NOAC) or must explain delay but Notice of Claim must still be done within 3 years of the DOA |
| Investigations | Past medical history, Injuries and Medico Legal Reports from specialists and experts about the cause of the injuries (liability) and financial loss. |
| Rehabiliation | Get GP or other referral for rehab get consent from insurer prior to incurring expense |
| Liability Response | Insurer denies or admits liability, may allege contributory negligence |
| Compulsory Conference | Exchange of written mandatory final offers (if does not resolve at CC) |
| Mandatory Offers Lapse | after 14 days of Compulsory Conference |
| Commence Court Proceedings | within 60 days of Compulsory Conference and within 3 years of DOI |
In order to succeed in a claim you have to show that somebody is to blame for your injuries. Your claim starts by serving a Notice of Accident Claim on the CTP insurer if known.
Time limits
Under the Motor Accident Insurance Act you have nine (9) months in which to serve a Notice of Accident Claim form. Your obligation continues until the three (3) year limitation period has lapsed. If you serve your Notice of Claim outside the nine (9) month period but within the three (3) year period you must provide a reasonable explanation for delay. If you do not settle your claim or start court proceedings within 3 years you may lose your rights to bring a claim.
If the CTP insurer is not known you MUST serve the Nominal Defendant within 3 months and at the latest within 9 months. If you do not do so you are prevented from bringing a claim.
The insurer will admit or deny liability and we and the insurer will examine the nature and extent of your injuries. Generally where they admit liability they will meet agreed rehabilitation expenses.
When all the necessary evidence to prove ‘the nature and extent of your injuries then we will arrange a compulsory settlement conference to try and resolve your claim.
What you need to do
• Keep all receipts for medical treatment and other out of pocket expenses incurred in relation to your injuries and symptoms. These include medical expenses, medication and travel.
• Please also keep a record of what tasks and daily activities you are unable to do because of the accident. This will help us assess your claim later on once it is time to provide you with an Advice on the value of your claim.
• You need to gather financial documents including tax returns, pay slips, receipts for medication or any other expenses you incur because of your injuries