What’s an Uplift Fee & Litigation Funding?

2023-05-15T17:41:58+10:0023/05/2023|General|

What’s an Uplift Fee & Litigation Funding?

What’s an Uplift Fee & Litigation Funding? What is the difference between Costs Agreement and No Win No fee?  

Are you confused by the legal-speak and small print made by law firms? Here at Revolution Law, we like to make the complicated simple. We still have all the fine print forms – ticking the boxes we need to, but our lawyers take the time to explain everything, and you are welcome to ask as many questions as you need to. 

What is the difference between Costs Agreement and No Win No fee? There are two types of agreements you can have when making a personal injury claim using a law firm.  

  1. Costs Agreement. This means all the fees and other expenses it takes to make your claim will be listed out and you will need to make payment on it upfront – no matter what the outcome. In other words – you are taking the risk of winning or losing. 
  2. No Win- No fee (aka Conditional costs agreement) You will be given a written list of the fees and expenses that it will take to run your claim – but only if your case is successful do you pay. This amount is taken into account at the ‘pointy’ end of the negotiations with the insurance company and totaled into the final figure. 

At Revolution Law, we have a No Win No Fee Policy for our claims. We believe that you should have justice irrespective of your personal financial situation. If you have been injured in a car accident or at work through no fault of your own, then we stand in the gap between you and the insurance company and make your case heard. We explain your journey and quantify what you have lost and what you need to get your life back on track again.  

So, what are Uplift fees and Litigation funding?  

Uplift Fee. Some law firms have an extra charge which is paid on a successful outcome of your claim. It reimburses the law firm for the risk they take in a No Win No Fee claim.  

Revolution Law does not charge an Uplift Fee. We specialize in Vehicle and Workcover Accidents and our specialized experience has brought us hard-earned confidence which lessens our risk and increases your chances of a successful outcome.   Our goal is to see you reimbursed for the consequences of your injuries and enable you to look toward the future. 

Litigation funding. There are a number of expenses that are involved in making a claim. For the best possible outcome, we need to explain to the insurance company exactly what you have suffered. This will involve us getting reports from doctors & specialists, both your own and independent. We may need to have reports from engineers, police and other investigators and maybe a liability report. Usually, there are government fees for providing various pieces of information to prove your claim. Finally, at the end of the claim, we use experienced barristers to quantify and negotiate your claim.  

All these outlays cost money and some law firms require you to either outlay the funds yourself or suggest you sign up to a litigation funder of their choice -which means you take on a short term and high-interest rate loan. 

At Revolution Law, we handle all these expenses in-house and when the claim settles, they are reimbursed to us with no extra fees or interest paid by you.  

Summery – if you do need to make a claim then check if your lawyer will charge you an uplift fee and how they will be covering the expenses of the claim.  

Don’t forget we at Revolution Law can offer you an obligation free consultation with our lawyers – either by phone, zoom, at your place or one of our three offices. We do not charge Uplift fees and we cover the expenses of your claim until it is settled. We give you time to ask the questions because we want you to feel confident in our experience and ability to let you make plans to get your life back on track once again. 

Ph 07 3416 4999  or email info@revolutionlaw.com.au 

What To Do in a Road Rage Incident

2023-09-06T09:09:51+10:0015/05/2023|General, Injury, Motor Vehicle|

What To Do in a Road Rage Incident

Australians spend a lot of time on the road, and that means most of us are no strangers to road rage incidents. A survey from Budget Direct found that 45% of the population admitted to showing signs of road rage occasionally, and that a staggering 72% of respondents had been the victim of road rage incidents. Being involved with an aggressive driver can be a frightening experience. Most of us are lucky to get away with a few rude words, but situations can quickly escalate to personal and property damage. To avoid that outcome, it is important for every driver on Brisbane’s roads to know what to do in a road rage incident.

How to Handle Road Rage Incidents

The best way to handle road rage is to avoid the situation. If you do find yourself sharing the road with an aggressive driver, you can take the following steps to avoid or defuse the situation:

  • Do not engage the other driver. Avoid making eye contact or being drawn into shouting or gesturing.
  • Stay away from aggressive drivers in traffic. Increase the distance between your car and theirs or choose an alternative route.
  • Allow aggressive drivers to pass you. On multi-lane roads, allow aggressive drivers to pass you without incident. If you are being tailgated then maintain a consistent speed.
  • Stay in your car. If you come to a stop, remain in the vehicle. If the other driver leaves their vehicle then lock your doors immediately.
  • Do not drive straight home. When another driver is following you, drive to a public area or straight to the nearest police station.

Avoiding Aggressive Drivers

The behaviour of other drivers is out of your control in most situations. As such, there is nothing you can do to entirely avoid road rage incidents. To minimise your risk, however, the best tactic is to maintain your position as a good, safe driver and avoid attracting the attention of aggressive drivers. Minimise your risk of confrontation by:

  • Following road rules
  • Maintaining a safe distance from other cars
  • Being mindful not to block lanes, driveways and intersections
  • Using indicators to help other drivers predict your movements
  • Driving in a careful and predictable manner
  • Driving at the speed limit and keeping left on multi-lane roads
  • Allowing other drivers to overtake and merge in traffic
  • Not initiating or returning aggressive gestures and behaviours

Filing a Road Rage Claim

Even if you follow all of the above suggestions, it is still possible that you will be the victim of a road rage incident. Research suggests that as Brisbane’s roads become busier, the frequency of road rage incidents increases. That means many of the drivers who spend time on our roads each day may be targeted by an aggressive driver.

In most cases, these incidents are mild, only involving harsh words. If the situation escalates to physical violence or a collision between vehicles, you may be entitled to file a claim for a road rage incident. Road rage claims generally fall into several categories, depending on your mode of transport:

  • Motor vehicle claims. As with car accidents, if a road rage incident causes damage to your car or the car of another driver, you may be entitled to make a motor vehicle claim. Claiming vehicle damage during a road rage incident can be difficult. Many insurers will not cover the damage caused by the at-fault driver. If your car is damaged in a road rage incident, it is important to seek professional advice as soon as possible to find out if you can make a claim.
  • Personal injury claims. Some road rage incidents can escalate to physical violence or personal harm. It is possible to make personal injury claims to cover your medical expenses, lost income and undue or psychological suffering. As personal injuries sustained in car accidents can significantly worsen over time, you should seek medical attention and professional legal help as soon as possible.
  • Pedestrian and bicycle claims. Pedestrians and cyclists are protected by Australian road rules. Personal injuries and property damage that you sustain as a cyclist or pedestrian may entitle you to make a claim against the at-fault parties during a road rage incident.

Contact Your Revolution Lawyer if You Are the Victim of a Road Rage Incident

If you are injured or your car is damaged during a road rage incident, seek professional advice as soon as possible. Your local Revolution Law team can make sure the incident is properly reported to authorities and insurance companies. We will also assess the incident and assist you to make any personal or motor vehicle claims you are entitled to. Get in touch with us today for a consultation and more information on making road rage compensation claims.

Brisbane’s Car Crash Hotspots

2023-08-30T20:07:26+10:0015/05/2023|General, Motor Vehicle|

Brisbane’s Car Crash Hotspots

Australia is a large country, and cars are a fact of life for anyone that needs to get around. Whether it be the School Drop off or the dash to the office, Brisbane’s traffic is notorious for long stretches of gridlock and impossible peak hour commutes. Our workers are now ranked second in the country for the longest mean commute time, with the average person travelling about 66 minutes per day to and from work. All that time spent behind the wheel has a toll, though, with Queensland racking up large numbers of vehicle accidents each year. In 2021 Queensland roads claimed 274 lives, many of those incidents occurring in and around Brisbane’s worst car crash hotspots.

Brisbane’s Top 10 Crash Hotspots

After spending 2020 working from home or in isolation, 2021 saw Brisbane’s busiest roads spring into action. Many of the roads that made the list are frequently recognised among Brisbane’s worst for car accidents:

  • Bruce Highway, Caboolture

The Bruce Highway at Caboolture has climbed the ranks to become Brisbane’s worst crash hotspot in 2021. The Bruce Highway is sometimes referred to as “The Highway of Shame” due to a large number of accidents on this major transport corridor.

  • Gympie road, Chermside

Notorious for its terrible peak hour conditions, Gympie Road at Chermside has dropped to 2nd place after spending three years as Brisbane’s worst crash hotspot.

  • Morayfield Road, Morayfield

A feeder for the Bruce Highway, Morayfield Road at Morayfield is a bustling commercial stretch and a major arterial road that sees heavy traffic at all times of the day.

  • Ipswich Road, Annerley

Anyone who has travelled through Annerley understands the pain of traffic congestion. Not just limited to peak hour commutes, Ipswich Road at Annerley is a major thoroughfare that carries thousands of cars, motorbikes and trucks each day.

  • Logan Road, Mount Gravatt

Home to the popular Westfield Garden City, Logan Road plays a major role in joining the M1 and M3 motorways to inner Brisbane. The intersection between Logan Road and Creek Road is a particular hotspot, but the busy stretch demands caution wherever you are.

  • Gympie Road, Aspley

Gympie Road claims two spots on this list, with the Aspley stretch acting as the main arterial road that delivers traffic to inner Brisbane from some of the city’s most populous suburbs.

  • Browns Plains Road, Browns Plains

A long stretch connecting Brisbane’s south with Logan, Browns Plains Road moves quickly and carries large amounts of car and truck traffic to Logan’s suburbs and industrial areas.

  • Sandgate Road, Clayfield

Its proximity to the city, northern suburbs and significant parts of Brisbane’s transport infrastructure make Sandgate Road a repeat appearance on this list of crash hotspots.

  • Logan Road, Eight Mile Plains

Mixed residential and industrial, the Eight Mile Plains stretch of Logan Road carries trucks and cars to and from the busy Gateway Motorway and some of South Brisbane’s most popular destinations, including Sunnybank and Garden City.

  • Waterworks Road, Ashgrove

The main arterial road feeding traffic from several large suburbs towards inner Brisbane, Waterworks Road retains its spot as one of Brisbane’s crash hotspots, particularly around the busy intersection with Ashgrove Road.

Common Causes of Car Accidents

Most of the accidents on our roads are just that: an accident. Small moments of inattention can be all it takes to find yourself involved in a collision. The National Road Safety Partnership Program claims that 90% of all crashes are due to those minor mistakes. Small mistakes can take many forms, but Australia’s most common causes of car accidents are:

  • Fatigue
  • Speeding
  • Distraction (including mobile phone use)
  • Alcohol and drugs

That means most traffic accidents can be avoided simply by following the road rules. Stay off your phone, drive to the conditions and be sure to pull over and rest when you are tired, and the chance of being involved in an accident drops sharply.

Revolution Law is Brisbane’s Motor Vehicle Accident Expert

Every year Brisbane seems to grow busier, and the congestion only increases the risk of car accidents for us all. So if you are in a car accident, whether it happens in a crash hotspot or not, your Revolution Lawyer and the rest of the Team are ready to support you.

It is essential to report your accident correctly and with the proper parties to avoid any unnecessary problems down the track.

We aim for each client’s claims to be received efficiently, effectively and managed with care and clear communication. We will ensure the details are recorded correctly for insurance and liability purposes.

Feel free to chat with your local Revolution Lawyer if you have been in a motor vehicle accident or simply want more information on our services.

Do Insurance Companies Discriminate on Car Insurance Policies? 

2023-05-15T19:10:38+10:0015/05/2023|General, Motor Vehicle|

Do Insurance Companies Discriminate on Car Insurance Policies? 

Insurance companies rely on factors such as age, gender, type of car and living location when determining how much a policy owner will pay in premiums. In 2021, a year where people have been more vocal and impassioned about their rights, it feels strange that such discrimination goes on without protest. Insurance companies are protected because anti-discrimination legislation has an exemption for insurers if they satisfy that their discrimination is based on statistical data which is reasonable. 

So Why Are Men Paying More for Insurance?  

Statistics do not paint a pretty picture for male drivers. Men are nearly twice as likely to be hospitalized after a car accident and nearly three times as likely to die in car accident. In both fatal and non-fatal car crashes, men are statistically a higher risk and consequently they pay for this risk in their premiums.  

https://www.bitre.gov.au/statistics/safety

Are women better drivers? 

In short, no. The statistics of traffic injuries and deaths because of traffic accidents don’t reflect the levels of competence and driving skills between male and female rather it is associated with patterns of high risk behavior when driving. 

Data consistently show that men are more likely than women to be driving or walking on the road under the influence of alcohol.

Studies in risky driving behaviour have shown men are more likely to speed, pass cars in no passing zones and taking driving risks for fun. 

There is also evidence that shows that men tend to be more aggressive than women. When driving men can display a more competitive and hostile behaviour which leads to increased probability of an accident. 

Let’s Change the Statistics 

Awareness and driver education is key.  There are some very powerful norms about risk taking behind the wheel and manhood and this consequently has shaped poor driving behaviour.

http://www.sirc.org/publik/driving.pdf  The Social Issues Research Centre 2004)   

https://www.alrc.gov.au/publication/grey-areas-age-barriers-to-work-in-commonwealth-laws-dp-78/4-insurance/anti-discrimination-legislation-and-the-insurance-exemption/

https://www.bitre.gov.au/statistics/safety

WHO Department of Gender and Women’s Health, Gender and Road Traffic Injuries

https://www.mengage.org.au/images/Road_Traffic_a85576.pdf

Tips for a Safer Workplace

2023-05-15T19:12:16+10:0015/05/2023|General, Tips & Tricks, Uncategorized, Workers Rights|

Tips for a Safer Workplace

World Day for Safety & Health at Work: Tips for a Safer Workplace

On the 28th of April 2022, Australia will once again mark World Day for Safety and Health at Work and Workers’ Memorial Day. A day  to reflect on the injuries, fatalities and harm that people are exposed to at work and to remember those who have died in the workplace. While much has been done to improve workplace safety in recent years, injuries are still common, and fatalities remain a tragic reality in our lives. By raising awareness of the importance of workplace safety, the day seeks to improve Australian work safety standards and aims to support World Day for Safety and Health by providing important safety tips for those working in risky or dangerous environments.

The Importance of Workplace Safety

Queensland’s Work Health and Safety Act 2011 charges business owners and employers with providing a safe and healthy work environment for their employees, customers and other parties on site. As far as reasonably possible, employers must provide things such as safety instruction, protective equipment and workplace training to protect employees.

The welcome news is that WHS standards have seen a steady decline in workplace fatalities over the past decade. However, there is more work to do, with 194 Australians suffering fatal incidents and 28,732 people reporting serious workplace injuries during 2020. Every injury or fatality that occurs in the workplace puts a strain on the people and families involved. Medical expenses, rehabilitation costs, lost wages and the loss of the ability to work are a significant hurdle that can often be difficult to overcome, even with workers’ compensation claims.

Tips for Staying Safe at Work

While it is nominally the employer’s responsibility to maintain a safe work environment, employees should take an active role in their health and wellbeing:

  1. Request training. Avoid the risk of using unfamiliar or dangerous equipment without training. If none has been provided, make a point of seeking formal training for new processes.
  2. Use machinery, equipment and tools correctly. Proper use of equipment drastically reduces your chance of being injured at work. While it may be tempting to take shortcuts, overconfidence can cause injury just as easily as a lack of training.
  3. Wear protective equipment. Some workplaces, such as hospitals and machinery shops, are required to supply protective equipment to employees. Be sure to wearpersonal protective equipment where needed. Remember, the health effects of things like loud environments may only become apparent years later, so it is crucial to look after yourself in the short term.
  4. Maintain your equipment. Tools and equipment should be kept in reasonablecondition to reduce the risk of accidental failures. Maintenance items as simple as frayed power cords can cause fatal injuries, so stay on top of regular equipment maintenance.
  5. Be aware of your surroundings. A large proportion of workplace injuries are caused by simple carelessness. Always bee mindful of your surroundings and other employees to avoid injuring yourself or someone else.
  6. Find out who is in charge of workplace safety. Most workplaces will nominate a single person or a team to oversee safety issues. Be sure you know who these people are in your business so that you can seek them out if you are experiencing an problem.
  7. Report safety concerns. Employees deal with their tools and equipment daily. That often means they have firsthand knowledge of things like unsafe practices, failing machinery and maintenance concerns. If you notice a problem in your workplace, report it immediately and follow up to be sure it is addressed promptly.

Have You Been Injured While at Work? Contact Your Revolution Lawyer Today

Unfortunately, while visa holders are entitled to the same workplace rights as other employees in Australia, some employers may still attempt to take advantage of foreign workers. In addition to

Each day, people all over Brisbane clock in at work to perform potentially dangerous tasks that keep our city running smoothly. While many workplaces are aware of the risk to their employees and take measures to ensure their safety, workplace injuries and workplace accidents are still common.In Queensland, Worker’s Compensation protects employees should they become injured while at work. If you suffer an injury, you may be entitled to seek compensation to cover medical expenses, lost wages and undue suffering. When dealing with a workplace injury, it is essential to seek professional legal and medical advice as soon as possible. Your local Revolution Law team can assess your situation, assist you with making a claim and ensure you have access to the experts you need. Our process focuses on being supportive and resolving your claim as quickly as possible, getting you back to work sooner. Have a claim? Speak to your local Revolution Lawyer for a free consultation regarding your Worker’s Compensation claims.

Worker’s Rights for Those on a Working Visa

2023-05-15T19:13:12+10:0015/05/2023|General, Uncategorized, Workers Rights|

Worker’s Rights for Those on a Working Visa

Australia is a large country, and most of us rely on our cars to get where we need to go. Having a Despite restrictions on travel due to COVID-19 over the past few years, Australia still has more than 1.6 million people in the country on temporary and permanent visas. Some of those people are simply here to visit and travel, but many will stay longer to study, work and spend time in our beautiful country. Australia maintains friendly relationships with countries all over the world, offering easy access to travel and working visas for those looking to visit our shores. Coming to Australia on a working visa allows you to find employment during your stay. But, are you entitled to the same rights and protections as other employees in the country? In this blog we will explore working visas and the rights they grant to travellers.

Which Australian Visas Grant the Right to Work?

Australia is a nation built on tourism and migration. A large proportion of our working population are in the country on working visas. In fact, there are more than 120 different kinds of Australian visa, many of which offer the right to work. The most common types of working visa include:

  • Student and Graduate Visas. Student and graduate visas allow international students some right to work during their stay in Australia. There are usually restrictions placed on the amount of hours the student can work and whether or not they must remain enrolled in education.
  • Working Holiday Visas. Plenty of Australia’s tourists come with the intention of working as they travel. Working holiday visas allow people to stay in Australia for 12 months and perform short-term work to fund their travel. Working holiday makers can only work for each employer for 6 months.
  • Skilled Occupation Visas. There are several classes of skilled occupation visas that allow skilled workers to work in the country. Travellers who work in a Skilled Occupation can apply for a visa that entitles them to stay and work in Australia permanently.
  • New Zealand Visas. Australia and New Zealand have always held a close political relationship. New Zealand residents normally do not need to apply for a visa when entering Australia. Instead, NZ citizens with a valid passport are issued a temporary visa that allows them to work and study. The visa ceases automatically when you leave Australia.

Rights of Australian Working Visa Holders

Australia’s workplace laws apply equally to everyone who is employed in the country. That includes both natural citizens and foreign workers who are here on a working visa. While the visa you hold can restrict the type and hours of work you may perform, visa holders are protected by the National Employment Standards (NES) and Commonwealth workplace laws.

Visa holders are entitled to:

  • At least the minimum wage (currently $20.33)
  • Payslips, superannuation and the payment of tax
  • Safe working conditions
  • Limits on the maximum hours they can work per week
  • Annual, personal and compassionate leave
  • Public holidays
  • Termination notice and redundancy pay
  • The right for some casual employees to become permanent employees

In Australia, the minimum rights and conditions of work are set out in documents called awards. Most industries receive their own award agreement. To find out more about your rights, ask your employer which award applies to you.

Exploitation of Visa Holders

Unfortunately, while visa holders are entitled to the same workplace rights as other employees in Australia, some employers may still attempt to take advantage of foreign workers. In addition to minimum employment entitlements, it is also illegal for employers to circumvent requirements by classifying their employees as independent contractors. Other common exploitation tactics include underpaying employees, failing to pay tax or superannuation, unlawful deductions from wages and threats to cancel your visa. Your employer has no power to cancel visas of any type. Only the Department of Home Affairs may issue, refuse or cancel a working visa.

Visa holders working in Australia should seek help from the Fair Work Ombudsman if they are experiencing exploitation. If exploitative or unfair workplace treatment has resulted in you being injured at work, you may also be entitled to make a worker’s compensation claim against your employer.

Have You Been Injured at Work? Contact Your Revolution Lawyer Today

Australia’s workplaces are built on the legal rights that underpin all work in the country. Working visa holders are entitled to all the same rights and protections as other Australian employees. If you have been exploited by your employer and it has led to an injury, you can file a claim and pursue compensation for any suffering and expenses you encounter. Speak to your local Revolution Law team today. Our experienced compensation Lawyers can ensure your situation is properly documented and help file any claims you are entitled to make. Contact us online and let us help you get back to work sooner.

What Does CTP Insurance Cover – Revolution Law

2023-05-18T17:59:28+10:0018/04/2023|General, Motor Vehicle|

What does CTP Insurance Cover?

Your CTP Insurance is more valuable than you think – even if you are the at-fault driver. See our handy guide below. Sometimes there are mitigating circumstances (for example ‘contributory negligence’), so jump in and contact us with questions. We are happy to give you a FREE consultation with one of our experienced personal injury lawyers. 

If you are the

NOT at-fault  driver

Upfront funded medical treatment and travel expenses to obtain treatment.   Compensation available for future medical treatment, treatment expenses such as medication and rehabilitation, domestic assistance (if needed), past and future economic loss (including time off work), and damages for ‘pain and suffering’.  

YES

Passengers in the car of the “at fault” driver?

Upfront funded medical treatment and travel expenses to obtain treatment.   Compensation available for future medical treatment, treatment expenses such as medication and rehabilitation, domestic assistance (if needed), past and future economic loss (including time off work), and damages for ‘pain and suffering’

YES

At Fault Driver

In general no, but if the injury is severe the National Injury Insurance Scheme may be able to assist with treatment, care and support.  https://niis.qld.gov.au/about-niisq/are-you-eligible/

NO

At Fault Driver

Protects from financial claims for injuries caused to others in the car crash. 

YES

‘Not-at-fault’ pedestrians & cyclists who are injured by a vehicle.

Upfront funded medical treatment and travel expenses to obtain treatment.   Compensation available for future medical treatment, treatment expenses such as medication and rehabilitation, domestic assistance (if needed), past and future economic loss (including time off work), and damages for ‘pain and suffering’.  

YES

Driver in a “blameless accident.”

Coverage of injuries in a “blameless” accidents e.g. the driver has medical episode, crashes whilst trying to miss an animal on the road, a tyre blowout, rocks thrown at windscreens or a single-vehicle crash. 

If the accident is severe, the National Injury Insurance Scheme Queensland can provide support

NO

Passengers in a “blameless accident.”

Coverage of injuries from a “blameless” accident eg- injuries from the driver having a medical episode or crashes whilst trying to miss an animal on the road, a tyre blows out, rocks thrown at windscreen, a child running out onto the road or single-vehicle crash.

Depends – Contact us for an assessment.

Other

Coverage to injuries whilst using non-registrable vehicles such as bicycles or skateboards.

See our blog for insurance details for  Hire Scooters

NO

Property Damage

Damage to any vehicle or other property in a crash.

NO

Car Accident Claims when At Fault Vehicle isn’t Registered

2023-08-30T19:45:37+10:0003/04/2023|General, Motor Vehicle, Tips & Tricks|

Car Accident Claims when At Fault Vehicle isn’t Registered in Queensland

Across Australia, wither it be the local story-bridge, or driving up the coast, every registered vehicle has Compulsory Third Party (‘CTP’) insurance. This protects drivers and passengers from the financial impact caused by injuries sustained in a motor vehicle accident, generally when they are not at fault for such an accident.

Each State and Territory has implemented their own CTP schemes with different requirements and legislation for providing this type of insurance. The CTP scheme legislation also determines how the injured party is assisted and compensated after a car accident, which differs substantially across Australia.

If you are driving a motor vehicle registered in QLD and you’re involved in an accident with a car registered outside of QLD, CTP insurance coverage will still apply. The legislation on how it will apply and how you can be compensated will depend on the State or Territory of where the accident occurred physically.

Accident Location Within Queensland.

The at-fault vehicle is registered outside of Qld and the not-at-fault vehicle is registered in QLD.

The personal injury compensation CTP claim would be lodged with the at-fault vehicle’s State or Territory’s CTP provider. As the accident occurred in Queensland, the compensation claim would be managed under the Queensland CTP scheme legislation and applicable precedent law (Judgements in QLD Courts over time). Our lawyers have extensive experience engaging with interstate CTP providers and ensuring the best possible outcome for our clients.

Accident Location Outside of Queensland.

The at-fault vehicle is registered outside of Qld, and the not-at-fault vehicle is registered in QLD.

The personal injury CTP claim would be lodged with the at-fault vehicles CTP insurance provider and managed under the CTP Legislation of whichever state or territory where the accident physically occurred. It is imperative to seek legal advice from a law firm in the State or Territory where the accident occurred, as they will have a  comprehensive understanding of the relevant CTP legislation.  

Queensland Compulsory Third Party ( CTP) Scheme Overview

When obtaining registration for a vehicle, CTP insurance is included in the registration fees. Queensland has an at-fault-based CTP scheme as outlined in the Motor Accident Insurance Act 1994. This scheme is regulated by the Motor Accident Insurance Commission (‘MAIC’). This scheme means that the at-fault person of an accident cannot make a personal injury compensation claim against their vehicle’s CTP insurance policy. The scheme covers all other parties who were in the accident but not at fault, including passengers, other drivers, or even pedestrians. Anyone not at fault who obtained injuries from the accident has the legal right to seek monetary compensation through the registered vehicle’s CTP insurance policy. To be able to do this, proof of liability to determine negligence and then evidence of injury and consequence of the injury is essential to the success of making a personal injury compensation claim.

If you have been involved in an accident in Queensland and you have obtained an injury, our Lawyers would be happy to provide you with a free phone consult to explain to you your legal rights. 

2023-02-27T18:15:54+10:0027/02/2023|Featured, General, Motor Vehicle|

Car Accident Claims when At-Fault-Vehicle isn’t QLD Registered 

Across Australia, every registered vehicle has Compulsory Third Party (‘CTP’) insurance which protects drivers and passengers from the financial impact caused by injuries sustained in a motor vehicle accident, generally when they are not at fault for such an accident.

Each State and Territory has implemented their own CTP schemes with different requirements and legislation for providing this type of insurance. The CTP scheme legislation also determines how the injured party is assisted and compensated after a car accident, which differs substantially across Australia.

If you are driving a motor vehicle registered in QLD and you’re involved in an accident with a car registered outside of QLD, CTP insurance coverage will still apply. The legislation on how it will apply and how you can be compensated will depend on the State or Territory of where the accident occurred physically.

Accident Location Within Queensland.

The at-fault vehicle is registered outside of Qld and the not-at-fault vehicle is registered in QLD.

The personal injury compensation CTP claim would be lodged with the at-fault vehicle’s State or Territory’s CTP provider. As the accident occurred in Queensland, the compensation claim would be managed under the Queensland CTP scheme legislation and applicable precedent law (Judgements in QLD Courts over time). Our lawyers have extensive experience engaging with interstate CTP providers and ensuring the best possible outcome for our clients.

Accident Location Outside of Queensland.

The at-fault vehicle is registered outside of Qld, and the not-at-fault vehicle is registered in QLD.

The personal injury CTP claim would be lodged with the at-fault vehicles CTP insurance provider and managed under the CTP Legislation of whichever state or territory where the accident physically occurred. It is imperative to seek legal advice from a law firm in the State or Territory where the accident occurred, as they will have a  comprehensive understanding of the relevant CTP legislation.

Queensland Compulsory Third Party ( CTP) Scheme Overview

When obtaining registration for a vehicle, CTP insurance is included in the registration fees. Queensland has an at-fault-based CTP scheme as outlined in the Motor Accident Insurance Act 1994. This scheme is regulated by the Motor Accident Insurance Commission (‘MAIC’). This scheme means that the at-fault person of an accident cannot make a personal injury compensation claim against their vehicle’s CTP insurance policy. The scheme covers all other parties who were in the accident but not at fault, including passengers, other drivers, or even pedestrians. Anyone not at fault who obtained injuries from the accident has the legal right to seek monetary compensation through the registered vehicle’s CTP insurance policy. To be able to do this, proof of liability to determine negligence and then evidence of injury and consequence of the injury is essential to the success of making a personal injury compensation claim.

If you have been involved in an accident in Queensland and you have obtained an injury, our Lawyers would be happy to provide you with a free phone consult to explain to you your legal rights.

Brisbane and Logan E-Scooters

2023-01-08T18:33:21+10:0017/01/2023|Civil, General|

Brisbane and Logan E-Scooters

Quiet and green with no harmful emission of gases, they are convenient, low maintenance, cost-efficient and environmentally friendly. November 2018 saw Brisbane start her relationship with e-scooters, and within the first seven months, commuters and tourists jumped on board, with over a million trips recorded!

As with all new relationships, there has been some working out how we negotiate this new territory, and to help this, on 1st November 2022, the Queensland Government brought out a new code of rules for Personal Mobility Devices. These include changes to speed limits and increasing fines of up to $1,078 for dangerous offences involving speed, illegal road use and holding a mobile phone while riding. If you break the road rules whioe on your scooter, you will be given the same fines as motorists.

Personal Mobility Devices include e-scooters, e-skateboards and self-balancing single-wheeled devices (like e-unicycles and e-boards). Designed for one person, they weigh no more than 60kg and will have an electric motor and two or more wheels.

Here are some smart guidelines to a injury claim on a scooter;

  • Keep left and give way to pedestrians and mobility devices (eg wheelchairs)
  • Travel at the right speed for where you are
  • Travel at a safe distance from a pedestrian so you can avoid a collision
  • Do not tailgate
  • Keep left of oncoming bicycles and other personal mobility devices.
  • Wear a helmet
  • Mobile phones can be mounted to the handlebar as a GPS Or speedometer. BUT you are not allowed to have a phone in your hand or tucked into your clothing.
  • It must have an effective stopping system and a working bell (or warning device)
  • The rider must be at least 16 years old (12-16 years must be supervised by an adult)
  • Only one person at a time on the Personal Mobility Device.
  • Indicate when turning right – by indicators or using your hand
  • Park responsibly – do not obstruct paths, access areas or park too close to junctions
  • Do not ride ‘under the influence of alcohol or other substances

How fast can I go?

  • Footpath & Shared Paths 12km/h
  • Separated paths & Bike Paths, Bike lanes & Local Streets 25km /h

Whatever the environment, look around for local signage. You may find Personal Mobility Devices to be prohibited, like in your local Shopping Malls.

If you do have an accident while scooting on a hire scooter (either from a scooter or on a scooter) contact the insurance company of the Scooter company (listed below)

Beam Insurance Policy

Neuron Insurance Policy

Helbiz Insurance Policy

If you are in a scooter accident, you may have a TPD claim with your Insurance policy attached to your superannuation. It can all be very confronting, annoying, and even stressful, especially when you should be recovering. If you’d like assistance going through your policies, your Revolution Lawyer specialises in injury claims and can help you check through your superannuation with you.

Contact the Revolution Law Team for options if you are hurt in any mobile accident, car or scooter accident. You can have a FREE no-obligation meeting with one of our Lawyers.

Go to Top