How do accident lawyers provide a payout estimate? 

2024-02-05T09:07:26+10:0016/05/2023|Injury, Motor Vehicle, Tips & Tricks|

How do accident lawyers provide a payout estimate? 

Any initial estimate a Lawyer will give you is guesswork, yes, guesswork can be pretty good depending on the experience of your Lawyer, but it is not Legal advice. Your final compensation outcome is based on your situation, and the evidence obtained to support your claim. There is no ‘average payout’ for injuries such as whiplash or pain and suffering after a car accident. In the case listed below of Mr Busch, who self-represented for over seven years, he attempted to claim injury damages for over $2,000,000.00, and after all of this time and work he put in, the judge only awarded him $5000.00. The court documents referred to the lack of evidence to support his compensation claim. This result must have been incredibly disappointing for Mr Busch. The evidence is a critical part of the process and the compensation outcome, which is why Lawyers collect and analyse it over many months. Once you have recovered as best as you can from your injuries, the Barista and Your Lawyer use this evidence and draft a confidential quantum of advice. This advice is given to you before your mediation, and it provides you a compensation range that we predict your claim to settle within.

We would love to meet with you and have one of our very experienced lawyers explain how we can help you obtain the proper evidence in the right manner to achieve the best possible outcome for you.

Your initial chat with a Lawyer is free, and there is no obligation to proceed. We can just advise you if you have a claim, answer any questions and let you know how we can help.

07 3341 6999 or reach out to us via email info@revolutionlaw.com.au

Examples Of Car Accident Injury Pay Outs

These are examples of compensation payouts in matters that recently went to court. It is very uncommon for car accident personal injury claims to end up in court. When they do, the information is publicly available in what is otherwise a strictly confidential outcome.

Murphy v Turner-Jones [2022] QSC 40 – Awarded $200,776.07 plus costs

Mr Murphey, aged 50, claimed serious injuries, including whiplash and polytrauma at each level of his spine and pelvis. The defendant claimed he suffered only a mild strain on the spine.

The judge accepted the defendant’s case that the motor vehicle accident was at low speed and had a minor impact with minimal damage to both vehicles.

The judge further determined that although the impact was minor, it did not conclude that Mr Murphy has not suffered from a high level of neck or spinal injury symptoms.

Injury Compensation Outcome

Pain and suffering

Item 88 ISV 10

$16,150.00

Past loss of economic capacity

$59,675.00

Future economic loss

Future economic loss

Medical expenses

$8,257.07

Interest on medical expenses

$4,467.37 x 1.48% for 4.5 years ÷ 2

$148.00

Future medical expenses

$8,760.00

TOTAL

$200,776.07

O’Connor v Wright [2021] QDC 173– Awarded $30,880.00

In January 2018, Ms. O’Connor, then 19, was driving her motor vehicle north on the Bruce Highway. Ms O’Connor slowed her vehicle to nearly a stop before being rear-ended by a car travelling at about 70km per hour. Ms O’Conner sustained a soft tissue injury to her cervical and thoracolumbar spine, aggravating pre-existing thoracolumbar scoliosis.

Injury Compensation Outcome

Head of Damage

Amount Claimed

General Damages

$ 11,880.00

Past Special Damages (including interest to date)

$ 1,000.00

Future expenses

$ 500.00

Future economic loss

$ 17,500.00

TOTAL

$ 30,880.00

Ketchell v RACQ insurance Limited [2021] QDC 307– Awarded  $479,884.70.

Mr Ketchell, the plaintiff, was outside the front of the Royal Hotel in Ingham on April 2014 when a driver lost control of his motor vehicle. The car left the roadway, became airborne and struck Mr. Ketchell on his ankle, causing him to spin around onto his back. Mr Ketchell experienced immediate pain in his thoracic spine.

The judgment for  Mr Ketchell was the sum of $479,884.70.

McKay v Armstrong [2020] QDC 127– Awarded $77,473.73

On Valentine’s Day, 2014, Ms McKay obtained injuries when a driver lost control of his vehicle and collided with her vehicle. Ms McKay suffered a predominant injury to her shoulder region with painful symptoms radiating up her neck, with a secondary psychiatric injury of adjustment disorder with anxious and depressed mood minorly attributable to the accident

Injury Compensation Outcome

General damages

$6,800.00

Past Economic Loss

$5,000.00

Interest

$13.73

Past Superannuation Loss

$465.00

Future Economic Loss

$50,000.00

Future Superannuation Loss

$5,665.00

Past Special Damages & interest

$3,000.00

Future Special Damages

$5,000.00

Future care and assistance

$1,530.00

Total

$77,473.73

Hariharan v Vojtisek & Anor [2020] QDC 276 – Awarded $269,840.64

Mr Hariharan suffered personal injuries from a motor vehicle accident that occurred in early 2017. Mr Hariharan was “T-boned” when the other car driver disobeyed a red light.

As a result of the accident, Mr Hariharan suffered a generalised musculoligamentous and soft tissue injury to the cervical spine and aggravation of mild pre-existing degenerative changes to the cervical spine.

The defendant pleaded that the accident caused a minor and temporary soft tissue injury which has long since resolved and therefore Mr. Hariharan suffered little loss.

Injury Compensation Outcome

General damages

$10,620

Past Economic Loss

$82,450

Interest Thereon

$593.64

Past Superannuation

$7,263

Future Economic Loss

$152,373

Future Superannuation

$13,541

Past Special Damages 

$1,000

Future Special Damages

$5,000.00

Future Special Damages

$2,000

Total

$269,840.64

Busch v Parker & Anor [2022] QSC 211 Awarded $5000

In 2014 Mr Busch, age 48, was involved in a car accident. The insurer accepted liability for the accident. Mr Busch represented himself in his personal injury claim; this claim went to trial in 2022 when Mr Busch was 56. Mr Busch presented his personal assessment of damages with an appeal for $2,045,753.15. The defendant took issue were the nature and extent of the spinal injury and the resulting economic loss. Unfortunately, due to the lack of documented evidence provided by Mr Busch, his claims were ill-supported, and the judge only awarded him $5000.00

Mr Busch Personal Assessment of Damages – Not Awarded 

Total Medical Expenses

$4,005.15

Total Pharmaceutical expenses

$2,420.00

The claim amount for past economic loss

$154,117.00

Claim for future economic loss

$1,655,220.00

Damages for personal injury and loss of the amenities of life

$25,000.00

Interest on past economic loss

(Unquantified)

Loss of superannuation

$204,991.00

Total claim amount

$2,045,753.15

Allen v O’Donnell & Anor [2021] QSC 63 – Awarded $2, 499, 399.69

In January 2015, 49-year-old Mr Allen from Townsville was travelling to Brisbane with his three children in their Kia Carnival. Unfortunately, as they were driving, a Nissan Patrol veered onto the wrong side of the road and caused a high-speed head-on collision with Mr. Allen’s car.

This car accident was catastrophic and life changing as Mr Allen sustained extensive injuries, including fractures, tears to both ACLS, facial injuries, injuries to the teeth and gums, sight impairment, hearing impairment, PTSD, spinal injuries, traumatic brain injury and soft tissue injuries.

General Damages

$109, 640.00

Past economic loss

$515, 957.20

Interest on past economic loss

$17, 245.69

Past loss of superannuation

$57, 025.39

Future economic loss

$959,040.00

Future loss of superannuation

$108, 659.23

Alternative accommodation

$45, 682.00

Interest on alternative accommodation

$330.18

Future rental expenses

$18,200.00

Future home modifications

$10,000.00

Future medical expenses

$77,014.00

Future surgery

$53, 100.00

Future medications

$43,000.00

Future aids

$60,000.00

Special Damages

$55,000.00

Interest

$900.00

Past care

$143,052.00

Future Care

$225, 554.00

TOTAL

$2, 499, 399.69

If you have been in a car accident and you would like further information on what your rights are, our Lawyers are incredibly experienced and happy to answer any questions and provide you simple straight forward advice that is relevant to you.

What To Do in a Road Rage Incident

2024-02-05T09:07:30+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

2024-02-05T09:07:31+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? 

2024-02-05T09:07:32+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

How am I covered on Queensland Roads if I have a traffic accident?

2024-02-05T09:07:36+10:0001/05/2023|Motor Vehicle|

How am I covered if I have a traffic accident in Queensland?

Not every accident is ‘black & white’, so contact us for free legal advice regarding your motor vehicle accident. Examples of un-typical car crashes include  accidents with children under 18 in the car (as children are allowed a longer time frame to lodge a claim) or if both drivers were  partially ‘at-fault.’    

Suppose you were injured and the at-fault driver was unlicensed or the car is unidentified, uninsured or unregistered,  we can still lodge a claim on your behalf to the Nominal Defendant within a strict time frame of three months.   There may be grounds to extend this limitation if there is a good reason to delay lodging a claim. Ask our lawyers for more information in a FREE consultation.  

A Personal Injury means someone has been hurt physically or psychologically in an accident.    

Property damage means damage to a vehicle or other property damaged in an accident. 

CTP Insurance is the compulsory insurance included with the registration of your vehicle. CTP Insurance covers the cost of  personal injuries of anyone injured in an accident — except the at-fault driver.

A Blameless Accident is an accident that is not the fault of the owner or driver of a motor vehicle or the fault of any other person. Examples: Medical episode of the driver, hitting wildlife or stock on the road, a vehicle failure (tyre blowout) or a single-vehicle accident.  

Contact us for a free, no-obligation consultation to learn more about CTP Insurance and your options. We’re happy to answer any questions you may have.

Personal Injury

Of the not-at-fault driver

Covered by CTP insurance – includes the costs of treatment, rehabilitation and care (which may be for life), loss of income if you are an earner, and any other damages you may be entitled to lodge. (such as compensation for pain and suffering).

Personal Injury

Of the at-fault driver 

Or

Injuries of drivers and passengers in a ‘Blameless Accident.”

Serious Injury Covered by NIISO Scheme.   NIISQ covers severe  personal injuries, including:

Permanent spinal cord injuries
Permanent Injury to the brachial plexus
Traumatic brain injuries
Severe burns
Permanent blindness caused by trauma
Multiple or high-level limb amputations
More information Link here 

Less Serious Injuries 

Sick leave, Centrelink benefits, Medicare, and the public health system.
Your insurance policies, such as income protection or private health insurance

Personal Injury

Of passengers (both in the at-fault car and not-at-fault car)

Covered by CTP Insurance –  includes the costs of treatment, rehabilitation and care (which may be for life), loss of income if you are an earner, and any other damages you may be entitled to lodge. (such as compensation for pain and suffering).

Personal Injury

Other people caught up in the accident eg: cyclists & pedestrians.

Covered by CTP Insurance – includes the costs of treatment, rehabilitation and care (which may be for life), loss of income if you are an earner, and any other damages you may be entitled to lodge. (such as compensation for pain and suffering).

Personal Injury

From an at-fault driver in an unregistered car, interstate registered, uninsured or unidentified  (Ie no CTP insurance with the car)

We make your claim with the Nominal Defendant – however, there is a shorter claim period of only three months.  

Property damage when you have third-party Property Damage Insurance 

If you were at fault, your Third-party Property Damage insurance will cover damage to the other vehicles. It will not cover damage to your car. You must let your insurance company know about the accident.

If you were not at fault, the at-fault vehicle’s insurance would cover damage to your car.  

If the at-fault driver has no insurance, then you will need to

1 Negotiate with the at-fault driver to agree when and how they will pay for the damage, or
2 Apply to QCAT  to resolve the dispute

Property damage when you have comprehensive Insurance

Your comprehensive insurance covers damage to your vehicle (and any other vehicle), whether you were at fault or not. Lodge a claim directly with your insurance company.

Property damage up to $25000 when neither party has insurance

This is the messiest of all situations and we have numerous enquiries about this. 

You have two options – 

1 Negotiate with the at-fault driver to agree when and how they will pay for the damage, or

2 Apply to QCAT  to resolve the dispute

It’s important to know that if you’re involved in an at-fault accident, the amount of coverage you receive and your eligibility to make a claim can vary based on your insurance policy. To understand the terms and conditions, read your insurance PDS carefully.

Here’s a breakdown of what to expect based on your policy type:

With CTP Insurance, you’ll be covered for personal injury claims made against you in the event of an accident involving pedestrians, cyclists, or other drivers. However, this won’t cover damage to your vehicle or the other drivers.

Third Party Property Damage Insurance may cover damage caused to another person’s vehicle or property, but won’t cover your own vehicle. You may opt for Fire and Theft Cover to protect against theft, fire damage, or attempted theft.

With Comprehensive Car Insurance, you’ll be covered for damage to your vehicle in the event of an accident, regardless of who’s at fault.

It’s worth noting that coverage may vary from insurer to insurer and from state to state, so be sure to do your research and check your PDS for full details on your specific policy.

What Does CTP Insurance Cover – Revolution Law

2024-02-05T09:07:37+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

2024-02-05T09:07:40+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. 

2024-02-05T09:07:45+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.

What are the Four Vehicle Insurances in Queensland

2024-02-05T09:07:47+10:0011/01/2023|Motor Vehicle|

What are the Four Vehicle Insurances in Queensland

“My uninsured car was parked on the street outside my house. I had it up for sale for $16,000. One night a drunk driver smashed into my car. He wrote off my car, and he had no insurance, either. He said he would pay me, but it’s been months, and he still has not given me any money. I needed that $16000” 

“My daughter borrowed my uninsured spare car to get to work. She had an accident, and although it was not her fault, the other vehicle had no insurance either. Fortunately, the airbags protected my daughter, and she was not injured, but my car was written off, which is financially costly.” 

You might be surprised how many people ring Revolution Law after an accident, looking for help for property damage. Often, they tell us they don’t have insurance, forgot to pay it, forgot the expiry date or chose not to have it. Unfortunately, not having insurance exposes you to hefty financial costs if your car is involved in a car accident.

There are four types of car insurance;

  1.  Comprehensive
  2. Third-Party Fire and Theft
  3. Third-Party Property Damage
  4. The mandatory Compulsory Third Party Insurance (CTP).

Compulsory Third Party (CTP) insurance is mandatory as it protects you financially if you have a car accident and injure or kill someone.

Queenslanders can choose between four registered Insurers;

AllianzQBE, RACQ and Suncorp.

This insurance covers you if you are hurt or injured in a vehicle accident by an at-fault driver.

Suppose you are injured in a “hit and run” accident or by an uninsured driver. In that case, your lawyer will pursue compensation from the Nominal Defendant – the statutory office acting as the CTP insurer for uninsured or unidentified vehicles.

While CTP Insurance protects people injured in a vehicle accident, it doesn’t cover the damage caused to or by your vehicle. To ensure “property” is covered, you will need to add one of the following insurances –

  1. Third-party property damage:  covers you if you cause damage to someone’s property (e.g. their car or home).
  2. Third-party fire and theft cover: covers your car if it’s damaged by fire or stolen and includes the cover provided by the third-party property damage insurance.
  3. Comprehensive car insurance: the most extensive (and most expensive) form of cover. This provides cover for damage or theft to your car, as well as to the property of others.

Finding the right insurance is as important as finding the right lawyer. Revolution Law specialises in these types of car accident claims. We can aid you in getting your life back on track and walk you through the process of getting the best results.

If you have had any car, vehicle or mobile accident and have insurance questions, give your local Revolution Lawyer a call and organise a FREE no-obligation meeting to review your crash.

Drink Driving Case Study

2022-12-14T19:27:32+10:0007/12/2022|Articles, General, Motor Vehicle|

Drink Driving Case Study

“A Brisbane woman was allegedly driving drunk when she hit and killed an elderly pedestrian who was walking on a footpath. The Sunnybank Hills woman, 48, was driving on Beenleigh Rd in Kuraby about 7.45am on Sunday when she allegedly struck the 72-year-old woman. The elderly woman died at the scene. The driver allegedly refused to undertake a roadside breath or saliva test, and also allegedly refused to give a blood sample for alcohol content testing. When she eventually did agree to testing, it is alleged she was found to be under the influence of alcohol.”-

Brisbane News November 2022

 

This news article is just one of many, another tragic event of someone falling victim to a driver’s choice to drink and then drive. Alcohol is a big part of many celebrations in Queensland. Sadly the consequences of people drinking and then driving result in many of

Queensland’s road fatalities and hospitalised casualties.

The cost of driving after too many drinks can be harsh. Social stigma and hardship caused by being unable to drive, court appearances, licence suspension and disqualification, heavy fines and even imprisonment.

The best way to keep you, your driver’s license and most importantly, those around you safe is to be proactive during the upcoming festive celebrations!

If you do not want to limit yourself, plan how you will party.

  • Have a designated driver
  • Choose to travel by taxi, uber or public transport.
  • Host the party at your place and have beds available for guests that are drinking alcohol.
  • Choose venues with a decent non-alcoholic drink selection for the designated driver and to give more options to anyone who needs to limit their alcohol intake for medical or other reasons. Make sure everyone gets to enjoy the party!
  • Keeping tabs on your drinkswith this or this handy app
  • Look out for your mates – don’t let drunk friends drive.

If you or your loved one suffers injuries as a victim of a drink driving accident (either as a passenger, pedestrian,  driver or cyclist), don’t hesitate to reach out to us. The CTP Insurance attached to the vehicle’s registration can fund rehabilitation,  reimburse lost wages and superannuation (also considering future lost earnings,) and fund any care,  support and adaptations you might need for your home or vehicle.   This compensation is there for you to get back on your feet.

If the vehicle is unregistered or if it is a hit-and-run, your lawyer will pursue compensation from the Nominal Defendant – the statutory office acting as the CTP insurer for uninsured or unidentified vehicles.

 

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