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Car Accident Lawyers Do you have a claim?

Check to see if you are entitled to
Carter Capner Law handles accident claims for a wide range of injuries caused by motor insurance or compensation. If you have a
vehicle collisions and other accidents. Our Car Accident Lawyers Brisbane and QLD act for question, please get in touch with our
Car Accident Lawyers.
passengers, drivers, cyclists and pedestrians so that they get the insurance payout or
compensation they deserve.
Make an enquiry

Do you need information on car accident injury claims?

What do you do if you Types of injuries that What can you expect in What are the fees for
are injured in a car may occur in a car a claim for car accident car accident injury
accident? accident? injury compensation? claims?

Can't find what you're looking for? Get in-touch with our Car Accident Lawyers today

What do you do if you were injured in a
car accident?
Car accidents, no matter how minor, can be traumatic and result in injuries for which
there is a compensation entitlement.
We ensure driver and passenger injury compensation claims are conducted by
lawyers with expertise in analysing the cause of the accident and understanding the
particular injuries that result.
Our Car Accident Lawyers ensure the claims they make for car accident victims
include loss of income, pain & suffering, loss of enjoyment of life, loss of future
earning capacity, paid and unpaid care, expenses and the other financial losses that
apply.
You are entitled to secure the services of a legal team whose knowledge of car
accident injuries and the pitfalls that get in the way of recovering the injury
compensation to which you are entitled gives them the confidence to take on your
case charging no upfront fees and only getting paid on success.
In your first meeting our Car Accident Lawyers will need to know:
What happened and who do you believe to be at fault
1 Make insurance or compulsory third party
insurance (CTP) claim
In Queensland, motor vehicles are required to have
compulsory third party insurance (CTP). Your Car
Accident Lawyers will initiate your claim with your
insurer or the at-fault party’s motor vehicle insurer.
2 Contact us to set up your no-obligation initial
appointment.
At the initial consultation, your Car Accident
Lawyers will get more details on your situation and
then investigate insurance coverage. Our Car
Accident Lawyers also explain our client and No Win
No Fee agreement.
3 Investigation & gathering evidence
The Car Accident Lawyers will meticulously examine
all the contributing factors to determine the cause of
your accident while you recover from your injuries.
After that, we’ll brief medical specialists to examine
you and provide expert evidence reports.
From those reports, Your Car Accident Lawyers will
assess the fair compensation that the insurer must
 The extent of your injury pay for how the injury has impacted you and your
family at work and at home.
Your employment status
Your medical history 4 Attendance at informal settlement meeting
Do you have insurance or superannuation cover Our Car Accident Lawyers will also formulate your
damages demand and appoint an out of court
An expert team member is available to meet with you and answer any questions you
meeting to negotiate the resolution of your claim
may have about the claims process at our Brisbane Head Office. The Brisbane CBD settlement.
office is close to major courts and insurers, as well as medical and safety expert
consultants. 5 Case settled or court proceedings
Alternatively, you can meet at our Princess Alexandra Hospital or Browns Plains Statistically, more than 97% of compensation claims
are settled out of court.
Medical Precinct satellite offices.
In many cases, the claim is resolved successfully
Call or email today to get expert advice from the Car Accident Lawyers injury experts during the informal settlement meeting, and you will
at Carter Capner Law. receive compensation to which you are entitled.
In rare cases, if your claim has not been resolved at
See below in relation to the 1-month, 3-month, 9-month and 3-year time limits that this stage, Our Car Accident Lawyers will file
apply. proceedings in court to get you the compensation
to which you are entitled according to law.
You may also be able to claim a TPD payout under insurance that applies to your
superannuation fund membership. Call our Car Accident Lawyers today to discuss.

Rapid advice available for these and similar Queensland road accidents
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What types of accidents are covered by CTP insurance?

All vehicles registered in Queensland carry a policy of insurance to cover compensation. This is called “third-party
insurance” or “CTP insurance”.

The companies in Queensland that insure vehicles against such claims include Allianz, RACQ, QBE and Suncorp.

Someone who is injured in a motor vehicle accident as a result of negligence may be able to claim damages (to the extent
of their injury) from the third-party insurer of the person at fault.

Third-party insurance doesn’t cover property damage to a vehicle (i.e. smash repairs). It only provides coverage for personal
injury.

Motor vehicles are covered by policies of CTP insurance in all Australian states and territories. If an accident occurs in
another state, the laws and procedures of that state’s motor accident compensation scheme will usually apply.

If the vehicle at fault was unregistered, CTP cover does not apply unless the accident happened on a road or in a public
place. Public places include locations like some beaches on which vehicles can be driven.

Sometimes “fault” (or negligence) is attributed to more than one person. For example, it may be distributed between two
drivers or a driver and a pedestrian.

If at-fault is attributed in some way to the person injured, this is referred to as “contributory negligence”. These cases may
still be covered by CTP insurance.

Other Types of Vehicles

There are certain types of vehicles in Queensland that are not covered by CTP insurance unless the accident happens on
a road.

These vehicles include backhoes, bulldozers, front-end loaders, forklifts, cranes, agricultural equipment and amphibious
vehicles.

For injuries caused by trailers, special rules apply. In some cases, the CTP insurer is the towing vehicle.

Accidents with work vehicles may require assistance from our workers compensation lawyers. Call our Car Accident
Lawyers and we help you today.

How much compensation will I receive for my motor vehicle injury claim?
It all depends on the proportion of liability attributable to the at-fault driver, the extent of your injury and the quality of your
evidence.

Someone whose injury has had a significant effect on their quality of life (work, psychological, physical) is entitled to
greater compensation than someone whose injury has had a minor impact on their lives.

General Damages
General damages were intended to compensate you for the pain and suffering you have endured and will endure in the
future as a result of your injuries, as well as any permanent disability you’re likely to suffer.

General damages awarded in Queensland have been set at artificially low sums and can be quite trivial in comparison to
other States. The most serious injuries such as quadriplegia are awarded around $150,000 and some reasonably serious
back injuries are restricted to just $10,000.

Special Damages
These include:

Expenses paid or incurred by you, including medical and pharmaceutical.

Expenses paid by others. Some of these amounts are required to be collected from the at-fault party and paid back to
Medicare, Comcare, WorkCover, DVA, public hospitals and private health funds.

Past Income Loss

You are entitled to claim for any income you have lost as a result of the incident. If you weren’t currently working and the
injuries prevented you from looking for work or caused you to turn down job opportunities, you may also be able to claim
for those situations.

Future Income Loss

You are entitled to be compensated for any future economic loss you may incur as a consequence of your injuries. If your
injuries have resulted in some permanent disability – even to a small extent – you may be at risk of loss of wages in the
future. People who continue to work full-time can still recover future income loss on the basis they are at risk on the labour
market when compared to able-bodied job applicants.

Domestic Assistance (paid and unpaid)

Domestic assistance you receive from friends, family members or care professionals following an accident is compensable
in many cases – even if you don’t pay for it. It’s important to keep detailed records of any assistance you get from other
people if you intend to claim domestic assistance.

For more information on how much compensation you will receive, contact our Car Accident Lawyers and we help you
today.

What kind of evidence do I need to keep and collect?

To assist your lawyer with the investigation, it is important to try to do the following:

Make notes of your recollection of all events relevant to the accident

Record names and addresses of witnesses
Take photos and video of the place where you were injured. “A picture tells a thousand words”. Sketches are also
helpful
Take photos and video of any product, equipment or object that injured you
Take photos of your injuries
Keep any defective product which caused an injury
Keep details of your absences from work caused by the injury
Make a list of visits to doctors, physiotherapists, chiropractors etc for treatment and follow-up visits
Keep all invoices and receipts for medical, chemist etc expenses
Record details of assistance provided by friends and family members
Collect contractual records.
Collect documents showing your loss of earnings and earning capacity including wage slips, group certificates,
income tax returns (for 6 years prior to the accident and each year after), references and resumes
If you’re unsure what evidence you need, contact our Car Accident Lawyers.

Is my claim worthwhile?
Whether your claim is worthwhile depends on the seriousness of your injury and how that affects your employment and
lifestyle.

There are some claims that are not worthwhile such as those for trivial injuries, where there is no insurer or the party at fault
does not demonstrate significant assets against which a judgment can be enforced.

If you are not sure if your compensation claim is worthwhile please contact us and we will help assess your needs and
eligibility for our no-win no-fee service.
Carter Capner Law helps children and adults with severe brain and spinal injuries create comprehensive loss statements
with individualised damages components for multi-million dollar claims.

Do I have to go to court for my compensation claim?

Personal injury settlements usually settle vehicle accident claims before court. If your claim goes to trial, you may only need
to attend if your presence determines the outcome.

In some cases eg interim applications for payment of rehabilitation expenses, your car accident lawyers may be able to
attend on your behalf.

Are there any time limits for making a claim after an motor vehicle accident claim?
All vehicle accident claims have strict deadlines. The insurer of the at-fault party must receive a Notice of Accident Claim
(NOAC) within one month of your initial appointment with your lawyer, which usually includes your first phone contact:

In the case of an unidentified vehicle being at fault – within 3 months of the date of accident- see below;
OR

For any other identified vehicles, within 9 months of the date of accident.
If you fail to lodge your claim on time, you may still qualify for compensation. There is provision for extending these time
limits if you’re able to provide a reasonable excuse when submitting your NOAC which our car accident lawyers can help
with.

As well as the 3-month and 9-month time limits, most claims have an absolute cut-off of 3 years from the date of the
accident.

Different time limits may apply to children and persons under a legal incapacity (e.g. unsound mind). If you’re unsure
whether you are within the time limit to make a claim, get in touch with our Car Accident Lawyers today and we can assist
you.

Can I get compensation if the at fault vehicle was unregistered or I don't have its details
or registration number?
Yes but there are special procedures and time limits that apply to unregistered and unidentified at-fault vehicles.

Claims of this type are brought against the default insurer that goes under the name Nominal Defendant.

The time limit for giving a Notice of Accident Claim to the Nominal Defendant for an unidentified vehicle e.g. in a hit-and-
run, is three months. This can be extended up to 9 months if there is a reasonable excuse for the delay but cannot be
extended at all after that time.

In the case of unregistered at fault vehicles, the Notice of Claim must be given at least within 9 months of the accident
date but if there is a reasonable excuse for the delay, this can be extended.

In all cases (except for children), proceedings must be started in court within three years of the accident date. Limitation
period for children is up until the 21st birthday.

For claims relating to unidentified vehicles, there must be reasonable attempts made to ascertain its identity e.g. a report
to the police, taking down names and contact details for eyewitnesses and taking down vehicle registration numbers if
possible.

Your unidentified vehicle car accident lawyers will be able to help.

How long will my car accident compensation claim take?
After you file the CTP claim, the insurer will determine fault. It depends on the circumstance, but finalising a claim too
quickly may be harmful since you may not be able to analyse all your damages.

Also, some claims may take a little longer for several reasons:

Your injuries are too early to determine, a stabilisation period may be in effect.
There may be instances where there are difficulties in negotiations between the insurer and our car accident lawyers.
There are delays in the court process.
Every claim is unique and can have its own difficulties and complexities. We ensure you get the best outcome and receive
the compensation to which you’re entitled in accordance with the law. Give our Car Accident Lawyers a call today.

What if I was 'at fault', am I still able to claim compensation for injuries?
CTP compensation may be denied if the car accident was your fault or no one was at blame. Superannuation and income
protection insurance can often be claimed.

If you are seriously injured due to a car accident and it occurred after 1st July 2016, you may also be able to access support,
care and treatment through the National Injury Insurance Scheme Queensland. For more information on whether you are
still able to claim for compensation if you were ‘at fault’ email or call our expert Car Accident Lawyers.

What if I was a passenger of a motor vehicle accident, am I able to claim compensation?

If you are a passenger of a motor vehicle accident and you sustained any injuries, please speak to car accident lawyers and
see if you have a case. In most cases, you will have a good claim for the injuries sustained.

Call or email today to get expert advice from the car accident lawyers injury experts at Carter Capner Law.

Can I claim compensation for Whiplash?

Many people experience whiplash or soft tissue injuries from rear-end collisions and many other car accidents. Whiplash
injuries could be significant and the cost of rehabilitation and physio can be costly.

We are here to help our clients recover all losses and damages that result from car accidents across Queensland.

Call or email today to get expert advice from the car accident lawyers injury experts at Carter Capner Law.

Can I recover repair costs will hire charges for a replacement vehicle while my vehicle is
off the road?
If your motor vehicle was damaged or written off, we can help you recover the cost of the repairs or replacement value of
the vehicle from the comprehensive insurer of the at-fault-vehicle.

The insurer must compensate you for the loss of any special attributes of your damaged vehicle, something very important
to collectors or if the vehicle has been specially modified, painted or fitted.

It also must pay the market rate hire charges for a replacement vehicle of a similar standard for the entire period your car is
off the road.

We help you recover the these losses.

 Get expert advice from the car accident lawyers experts at Carter Capner Law.

Types of injuries that can  Head and brain injury.  Upper and lower limb injury.

result from a car accident.  Spinal and neck injury.  Ankle, knee and wrist injury

If you have been involved in a motor vehicle accident, it is  Soft tissue injury.  Fractures.
important to obtain legal advice promptly because strict
time limits apply to compensation claims.  Whiplash.

 Amputation.

 Shock, anxiety and depression.

The CCL method

Our Car Accident Lawyers will quickly review the circumstances of your case to determine your
prospects of a successful personal injury claim. And once we have approved your case the claim is
started quickly following the CCL method

01
Assemble the initial information you are able to
provide

Proper case preparation demands meticulous attention to detail. That’s why

right from the start, we collect all the facts and continuously verify them with
you and other sources. Constant updates to your comprehensive statement will
ensure everyone – you, us, medical specialists and barristers – stay precisely on
the same page.

02

Prepare initiating Claim Notice.

Once sufficient facts have been collected and the identity of the at-fault party
confirmed, and initial Claim Notice can be completed in a way that persuasively
asserts the basis and extent of your compensation request.

03

Keep collecting the facts.

Diligent claim preparation requires a comprehensive understanding of your

medical income and employment histories. Our Car Accident Lawyers will
obtain records from accident related treatment provided as well as from health
professionals who have treated you for any prior conditions. Employment and
income records asked also be collected and diligently examined .
 04

Medical investigation of injury.

The extent of accident related injury must be independently verified by medical

experts. Because compensation is paid for the permanent effects from an injury,
specialist medical assessment is deferred until 9 – 12 months post injury. We’ll
arrange examinations with appropriate specialists and the insurer of the at-fault
party is entitled also to have you examined by its specialists.

05

Formulation

Once all information has been collected and medical specialist reports
obtained, our Car Accident Lawyers will carefully formulate the “damages”
components of your claim demand. The CCL Method requires that every
component – general damages, lost wages, expenses you have incurred, the
value of past and future domestic care and the value of loss of future earning
capacity – is based on authoritative evidence.

06

Negotiation

After the insurer has considered your damages ask, a settlement conference is
arranged to attempt to negotiate a resolution. Although informal, the success of
the conference depends on the extent of preparation that has gone before it.
Offers will be exchanged and if the insurer is being reasonable, the conference
offers a good opportunity to finalise the claim.

07

Settlement not reached: heading to court

If you are unable to reach an agreement within 60 days after the conference, a
Claim and Statement of Claim must be filed in court in relation to your accident.
The defendant may then file a Defence and the court process then continues
until the dispute is listed for a trial where witnesses are called to give oral
evidence and a judge makes a final determination.

What fees do you pay Car Accident Lawyers for car accident
compensation?
Carter Capner Law's No-Win No-Fee terms affords fairness to those seeking compensation for personal injury including loss of income and future loss
of income earning capacity. No-Win No-Fee - sometimes called "no-win, no-charge" and "no-win no-pay," allows legal representation to a level
equivalent to that of the insurance company that will be resisting your payout. Essentially No-Win No-Fee terms provide that fees and case expenses
are only payable when the claim is finalised and only if it is successful.

Court Filing Fees

 Medical specialist consultation & report fees

Medical records collection fees

Expert report fees

Claim investigation

Barristers
Our Car Accident Lawyers will secure the services of a barrister who will also offer No-Win No-Fee terms

Document production

Police Report Fees

Government agency search fees

Freight & courier

Office charges

Get in touch with us

Carter Capner Law First Name * Last Name *

QLD Compensation
Lawyers. Phone Number * Email Address *

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email and we’ll get in touch shortly, or phone between Suburb location * Postcode *
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delighted to speak.
What legal services are you looking for? *
Brisbane CBD office Please select from the following...
Level 18, 150 Charlotte Street Brisbane City QLD 4000
Best time to contact? *
07 3210 3444

Date Time
Browns Plains Medical Precinct Office
5/7 Grand Plaza Drive, Browns Plains QLD 4118 Australia Preferred contact method *
Please select from the following...
07 3105 5994
 P.A. Hospital office Legal Issue detail
1/250 Ipswich Road, Buranda QLD 4102 Australia

07 3210 3418

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