Bus Accident Claims

If you have been injured by no fault of your own while commuting on a bus involved in an accident, you may be entitled to bus accident claim compensation.

While bus accidents may be uncommon, they do happen, and they can significantly affect the lives of those that have been involved. We understand the dire consequences that injuries – both physical and mental – can have for a passenger that has been involved in a bus accident, which is why we are passionate about helping clients on their road to recovery. Compensation plays a valuable role in this recovery process, and as dedicated compensation lawyers, this is something that we are experts in assisting injured clients with.

Our Brisbane, Gold Coast and Logan lawyers at Revolution Law can expertly run bus accident claims on a No Win-No Fee Basis. We advocate to get the funding you need to receive treatment and rehabilitation, and we also accumulate evidence and form a case to obtain you the best possible lump sum compensation offer to reimburse you for your past and future economic loss, your pain and suffering, and your future medical and rehabilitation expenses. In addition, we know how to manage insurers’ expectations to generate compensation offers that you will be happy with.

If you or a loved one have been involved in a bus accident, call our Brisbane compensation lawyers to obtain free legal advice and request a free consultation about the bus accident injury and potential compensation claim.

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What You Need to Do After A Bus Accident

In the event of a bus accident, you first need to ensure that you and anyone else are in a safe position away from­­ any potential dangers.

Suppose you do not request immediate medical treatment, and there is nothing you can do to assist in the situation. In that case, it is essential to ensure you start documenting the bus accident so that you have evidence to draw upon in the future. Sometimes the shock of the bus accident may create trouble for people remembering the specifics, so any evidence such as the at-fault driver’s details, other passenger details, video footage and camera phone photos can help with your claim.

If the police do not attend the scene, then you should report the bus accident to them so that they can document it. It is also essential to participate in your doctor’s appointments and start any rehabilitation or treatment you may require to help you recover from your injury.

Once you are ready, call one of our bus accident lawyers to obtain free advice about any potential claim you may have. Remember, time limits do apply, so it is vital to act quickly to ensure that you can obtain the bus accident compensation you are entitled.

Who Am I Suing?

A bus accident claim is made against the CTP insurer of the vehicle that caused the accident, not against the other driver or the bus driver. Therefore, as a passenger, you would still be able to take a bus accident CTP claim even if the driver was entirely liable for the accident. In Queensland, CTP insurance is built into the vehicle registration, and the insurer will be either Allianz, QBE, RACQ or Suncorp. CTP insurance covers an at-fault driver by compensating the accident victims from the CTP insurer’s premium pool. This is the purpose of CTP insurance; the scheme is solely available to pay people who have sustained injuries, whether in a car accident, bus accident, or motorbike accident. Don’t worry if the at-fault car is unregistered, as we often see with stolen vehicles. In this case, you will still be able to make a injury claim; however, it will be against the Nominal Defendant instead of a CTP insurer.

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What Happens if the Bus Accident was Caused by an Unregistered Vehicle?

If you have been involved in a bus accident where the at-fault car had no insurance, you and any other injured passengers are still eligible to claim a injury. However, instead of the claim being made against the at-fault driver’s CTP insurer, it is made against the Nominal Defendant. This is because this statutory body receives funding through additional contributions in CTP registration fees for all Queensland vehicle registrations.

The Nominal Defendant will commence an investigation to identify the at-fault driver. Please note that there are strict time limitations that apply due to the difficulty in obtaining evidence; therefore, the claim must be commenced by way of serving a Notice of Accident Claim form (claim form) on the Nominal Defendant within three (3) months of the accident date. If the claim form is not served within the three months, it must be done no later than nine (9) months after the accident date, and a reasonable excuse will need to be provided as to why it was served outside the three months.

Failure to serve the claim form and receive compliance within the nine months will result in losing all entitlements to commence a claim as it is a strict limitation period.

My Child Has Been in a Bus Accident. Are They Entitled to Make a Claim?

In the unfortunate event a child that is aged 17 is injured, the child’s guardian (also known as litigation guardian) can make a CTP claim for compensation on the child’s behalf. Permanent injuries can have a lasting and significant effect on a child’s life. The purpose of bus accident compensation is to minimise financial hardship and to cover various heads of damages such as:
  • Loss or reduction of income as a result of inability or reduced ability to work;
  • Pain and suffering;
  • Treatment and rehabilitation;
  • The need for someone to provide care in the home or in the community;
  • Out of pocket expenses both for now and in the future.
It is important to speak to a specialist in injury law to determine whether your child has a injury claim through no fault of their own or even when they are partially at fault. If you need to speak to a compensation lawyer who can talk to you, parent to parent, you will want to speak to us. We will answer any queries or concerns at a completely obligation-free consultation.

How Much Compensation Will I Receive for My Injury?

Every injury compensation claim is different and is assessed individually. It is difficult to estimate a compensation figure until all the evidence has been gathered, and the extent of the injury has been established. Therefore, estimates are not possible until well into the claim. Any lawyer that does provide you with a figure is simply taking a wild stab in the dark and may potentially be telling you what you want to hear with the hope of signing you up.

There are five main heads of damages that are considered in a compensation claim, and these include:

  • Loss or reduction of income as a result of inability or reduced ability to work;
  • Pain and suffering;
  • Treatment and rehabilitation;
  • The need for someone to provide care in the home or in the community;
  • Out of pocket expenses both for now and in the future.

Each of these heads of damages bears a different weight of worth regarding compensation. For example, loss or reduction of current and future income is weighted more than pain and suffering. A successful lawyer will know how to condense your evidence and advocate expertly on your behalf to obtain the maximum amount of compensation for each head of damage.

How Much Are Legal Fees?

Due to the nature of bus accident claims and injury, it can be challenging to establish what your legal fees are at the beginning of a claim because various factors will come into play.

No matter the law firm, all injury No Win-No Fee arrangements are subject to the 50/50 rule. This rule stipulates that the maximum fee that a law firm can charge, including GST, is 50% of the settlement amount after refunds and outlays have been deducted. Of course, this does not automatically mean we will take 50% of your settlement, but it does put a cap on what we can, which prevents rogue law firms from putting clients in a position where they are worse off after making a claim.

In comparison to other big-name injury law firms, at Revolution Law, our lawyers and legal staff hourly rates are significantly lower. Further to this, we have excellent systems in place to ensure that our lawyers and team are always working efficiently.

Our fee policy also guarantees no uplift fee. Many of our competitors charge an additional 25% uplift fee on successfully completing a claim simply for taking the financial risk on your matter. We don’t charge this additional fee because we are in the business of winning, and we are confident in our expertise as injury lawyers.

Our No Win-No Fee policy is of zero risk to our clients. If we don’t win your matter, you get to walk away from the claim with zero strings attached. If we have paid for any outlays, such as medical appointments and reports on your behalf, you do not need to worry about reimbursing us. Zero risk – the way it should be.

Can I Represent Myself in a Bus Accident Claim?

Absolutely! Insurers are always more than accommodating when the claimant wishes to self-represent, generally because the claimant does not have the same comprehensive understanding of the law as an expert compensation lawyer. Insurers take advantage of this, and we regularly hear of clients receiving settlement offers of just a few thousand dollars, despite suffering significant injuries.

It is difficult for self-litigants to gather the correct evidence for each of the heads of damage, condense it and correctly complete the necessary documentation. Still, they also do not know how to place pressure on insurers and liaise with them to ensure the best possible outcome. Even if the claim has been expertly put together by someone who is self-representing, it is well known that insurers will offer low compensation amounts as self-litigants do not pose the threat of further legal action.

Even after legal fees, our clients will still have a better compensation figure than if they attempt to represent themselves

How Long Does A Bus Accident Claim Take?

On average, a compensation claim for a bus accident takes between 12 to 18 months. In some cases, claims have been settled earlier, and it has taken longer at other times.

A claimant’s matter cannot be finalised until they have physically and mentally returned to a stable and stationary position after their accident. This recovery period is one of the most significant determiners of the length of the claim, as many clients will often obtain treatment or rehabilitation such as physiotherapy to assist in their recovery.

Throughout the claim process, we will keep you updated and informed of the progression and assist you in obtaining any rehabilitation treatment to support your recovery.

What Type of Rehabilitation am I Able to Obtain?

The at-fault driver’s insurer will pay for your rehabilitation and treatment once they have accepted liability. Your rehabilitation and therapy must be relevant and appropriate to the injury you sustained in the bus accident.

The purpose of rehabilitation treatment is to assist in the recovery from the injury and/or surgery resulting from the bus accident. As soon as appropriate after your accident, you should speak to your doctor about the most suitable rehabilitation for your injury. Occasionally symptoms of the injury may not be immediately apparent, so it is important to carefully monitor your overall wellbeing in the initial few months following an accident. Should you obtain treatment or rehabilitation, it is important to keep all receipts from any treatment you receive to obtain a full refund. You can also claim for the travel costs to and from the treatment provider.

Types of rehabilitation and treatment you might like to access can include but are not limited to:

  • Physiotherapy;
  • Chiropractor care;
  • Acupuncture;
  • Remedial Massage;
  • Occupational Therapy;
  • Psychologist;
  • Pharmaceuticals for pain relief and
  • Rehabilitation Counselling.

We will organise all the treatment and rehabilitation refunds as part of the claim. Should your treatment not be working, we can discuss other options.

How Long Do I Have After a Bus Accident to Lodge a Injury Claim?

Strict timeframes apply, and your claim could be rejected if you lodge outside of these timeframes unless you have a fair and reasonable explanation. It is in your best interest to lodge a claim earlier rather than later, as the earlier lodgement will assist in quickly obtaining funding for treatment and rehabilitation and accessing your compensation sooner rather than later.

In cases where you are giving notice to the Nominal Defendant due to an uninsured or unidentifiable vehicle, you have three months. This period is short due to the Nominal Defendant’s right to investigate the claim’s merits.

If you consult with a solicitor, then notice must be given to the insurer within one month of that first consultation.

If the above timeframes do not apply, you must notify the insurer within nine months of the accident or from the first appearance of symptoms of your injury.

For minors at the time of the accident, different timeframes apply, and it is best to speak directly to one of our lawyers for obligation-free and no-cost advice in this regard.

Steps for a successful Bus Accident claim:

Virtual consultations or in person

1
Contact us for your FREE case review.
2
Sign your legal agreement.
3
We assemble your evidence.
4
You attend medical evaluations.
5
Negotiating your injury settlement.

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Not only are we Award-winning lawyers, leaders in the industry and experts in compensation claims, but we’re also your legal family. No matter what the claim, our whole team is ready to back you and work with you towards success.
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Ask about your bus accident claim today

We offer a free meeting with one of our compensation lawyers on a no-obligation basis. We are confident in our expertise, client rapport, operating policy and ability to get great results.