A member asked almost 9 years ago

Vehicle insurance compensation

In Queensland my parents were in a car accident that was caused by someone else that is insured. My parents were injured in the accident and their car was written off. They would like compensation and want to know the process for example if they need to speak to lawyers or deal directly with third party insurance?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. If your parents suffered an injury in a motor vehicle accident that was wholly or partly caused by someone else, they may be able to make a compulsory third party (CTP) claim for compensation. Claims are to be made to the relevant CTP insurer which is responsible for providing financial, medical and other assistance to someone who has suffered an injury in a motor vehicle accident.


The insurer will assess your parents’ claim to determine whether it should be accepted and, if so, how much compensation should be paid. Importantly, the insurer cannot provide your parents with independent legal advice and there is no guarantee that your parents will automatically receive the maximum compensation they are entitled to.


Only an independent lawyer can properly assess your parents’ situation and advise them of their legal rights. This will give your parents the best chance of obtaining the compensation they are entitled to under the law. The amount of compensation given will depend on the seriousness of the injuries, any ongoing medical expenses, and any reduced capacity to work. Your parents may also be entitled to additional compensation under their superannuation or another personal insurance policy (e.g. life insurance, income protection insurance).


Suggested way forward

CTP claims for compensation can be complicated, especially if you are having difficulty proving who was at fault for the accident. Speaking to a lawyer will help you understand the process and ensure that your parents receive their full compensation entitlement under the law. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered almost 9 years ago   Legal disclaimer

Thank
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Michael Andersen

Hi there,

I am happy to discuss the personal injury claims process with you and advise on all areas from the actual process to how we calculate the value of your parent's potential claim.

My firm offers the standard "no win no fee" but in addition to that we do not charge the standard 25% uplift (or "risk fee") and we ensure our fees are capped at 35% (rather than 50%) of the net settlement offer. In simple terms we offer our services at a reduced rate and our price cap guarantee gives some piece of mind.

I'm happy to discuss this further with you if you like.

Regards,
Michael Andersen
Director
MAELSTROM LAWYERS

almost 9 years ago

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