A member asked over 9 years ago

third party insurance claim following an accident

My husband was hit in November 2014 by the reversing car whilst he was on the bike resulting in his broken collarbone. At that time he was undergoing a chemotherapy. The incident was reported to the QPS, however following QPS investigation he still got an infringement that we believe was unjust, but nevertheless he paid it. 7 months later he started to experience severe problems with his right arm, facing possible further reconstructions and undergoing intensive physio. Would he be still entlitled to claim a third party insurance even if the police has indicated that he as the biker was at fault. We do not know if the other party was fined as well. Thank you. 

Michael Andersen
ILP Legal Practitioner Director at Maelstrom Lawyers

Hi there, my specialty is compulsory third party insurance and I am a Queensland based personal injury lawyer. I have a current matter involving a bicycle rider who was badly injured when he mistakenly entered an intersection against a red don't walk sign into the path of a car going through on a green light. He sought legal advice from a major law firm who told him he did not have a claim. I took the matter on because I understand the complex nature of intersection accidents and I presented an argument to the insurer which they understood and agreed with. They have partially admitted responsibility so my client and his family will be receiving some form of compensation. This matter is still ongoing so we haven't valued it yet. In that case my client admitted to being completely at fault however personal injury law is unique in that the normal traffic regulations do not apply and there is an ongoing expectation that drivers of cars will keep a proper lookout and drive safely at all times. I am happy to look at the circumstances of your husband's accident and give you an obligation free opinion about whether I think he will succeed or not.


In personal injury cases there is no up front fee and your legal bill is paid from the money paid by the insurer; we call this "no win no fee"; most firms will charge 25% on top of their legal bill because these cases are risky; my law firm does not charge that 25% uplift fee (the fee is allowed to be charged by law); most firms will also split the money paid by insurers 50:50 after you have paid back (Medicare/Centrelink/Workers Compensation/Private Health etc) and disbursements (legal reports/medical records/barrister fees etc) its called the "50:50 rule"; my firm has a fee guarantee that is below the 50:50 rule to ensure you get the most out of your settlement.


Feel free to speak to me if you are still seeking legal advice.


I hope all is well and your husband is OK.


Regards,

Michael

Answered over 9 years ago   Legal disclaimer

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