Travelling as a passenger in a motor vehicle is a very common occurrence in everyday life, whether it is when travelling with loved ones or friends, work colleagues or when travelling in a taxi or uber.

Unfortunately, sometimes you do not arrive safely at your destination and may need to access compensation for your injuries through a passenger accident claim.

In the event that you are injured whilst travelling as a passenger in a motor vehicle, due to the negligence of another person, you will be entitled to make a claim for personal injury compensation.

This claim will be against the insurer for the at fault vehicle, so depending on the accident it could be against the driver of the vehicle you were travelling in, another vehicle or a combination of both.

It is not uncommon for an injured passenger to express reluctance to bring an injury claim, particularly when travelling as a passenger with loved ones or friends, arising from an accident caused by that party. However, it is important to understand that any passenger accident claim is brought against the insurer for the at-fault vehicle and not the driver in a personal capacity.

As such, it will be the insurer who is ultimately responsible to pay out any compensation to you and not the driver personally. Our passenger accident lawyers can talk you through this process, your options and let you know if you have a right to compensation.

In the event of a passenger accident, your finances can be one of your biggest concerns – especially if you are unable to work. That’s why it’s comforting to know that all our claims (yours included) are run under our No Win, No Fee, No Problems Guarantee.


Passenger Accident Compensation Process in QLD

If you are injured as a passenger in a car accident, it is important following the passenger accident that you obtain the details of all involved. You should collect the registration details of the vehicles and personal details of all parties (if possible).

It’s important that the accident is reported to the police and that you seek appropriate medical treatment for your injuries. Our passenger accident lawyers can talk you through this process and get your claim underway quickly.

Strict time limits apply to bringing a claim following a passenger accident.  As such, it is important that you also seek expert legal advice as soon as possible following such an accident.

 


Calculating Passenger Accident Compensation in QLD

The initial focus of your lawyer, once a passenger accident compensation claim is lodged, will be to assist with having your rehabilitation funded. They will ensure that the insurer funds all relevant treatment, and expenditure, deemed necessary to assist you in making as strong a recovery as possible from your injuries.

Treatment has been found to offer the greatest benefit to an injured party when provided in the initial stages following an accident. Given this, Gouldson Legal ensuring that the insurer immediately funds all necessary treatment for these injuries will assist in providing the best prospects for a strong recovery.

The compensation payable in each passenger accident claim will vary from case to case and often the compensation amounts for two individuals in the same accident will be different.

The calculation of your passenger accident compensation is based on how you recover from your injuries, your age and remaining working life, out of pocket expenditure incurred to date and expected into the future, and requirement for domestic assistance required to date and into the future.

To better understand your options, the process of making a claim, and if you will be able to access compensation for your injuries, you should get in contact with one of our expert lawyers today.


Mobile Passenger Accident Lawyers

Need a Free Case Review? We come to you, no matter where you are in Queensland.

We understand that you are likely in ongoing pain and struggling with the daily challenges of life post-accident. To ensure the entire legal process is as stress-free as possible, our lawyers will always happily come to you – either at the hospital, your home or a local café – wherever is easiest for you.

If you prefer to meet in one of our offices, you are always welcome at our head office in Brisbane CBD or you and your lawyer can arrange an appointment at one of our many visited offices.

Give us a call now to set up your free case review.

Common Questions About Passenger Claims:  

Queensland has a Compulsory System of Third Party (CTP) Insurance for all motor vehicles, on all Queensland roads. This insurance is paid for by every car, or other vehicle, owner at the time you pay your registration renewals.

In Queensland, the CTP insurance is offered by a number of approved CTP insurers. If you suffer an injury as a result of a truck accident as a driver, a passenger, a pedestrian, or as a cyclist, caused by someone else, you have the right to claim compensation for the injury sustained and the loss resulting from the injuries; by making a CTP claim.

CTP insurance covers accidents on public roads. Most vehicles are covered under the CTP insurance scheme for compensation of personal injuries sustained by making a CTP claim. Road accident compensation claims include light vehicles involved car accidents, motorbike accidents or bicycle accidents.

Passengers, pedestrians and pillion passengers may also have injury claims even though they were not driving the vehicle at the time. Heavy motor vehicles are also covered under CTP insurance claims including commercial vehicles, utes, vans trucks and busses.

Injuries include a wide variety of conditions with a varying degree of loss or injury.

These may include injury to various parts of the body including arms, legs, hand and feet, neck, back and spinal injuries. Some other injuries include sight and hearing loss or injury, and brain injuries. Soft tissue and burns as well as psychiatric and psychological conditions are also included.

Serious injuries are also covered including paraplegia and quadriplegia.

Compensation is allowed for direct expenses relating to the accident or incident including; medical expenses, physiotherapy and or rehabilitation costs and associated treatment. Future medical expenses and treatment as well as care and assistance may also be included to continue the recovery process.

In addition, loss of wages, future loss of wages or impact on your ability to work may form a large part of the compensation claim.

Gouldson Injury Law operates on a No win No fee basis. For no charge, a qualified personal injury lawyer will meet with you and answer all your questions. They will also discuss the merits of your claim and your legal rights to make an injury claim. If you proceed you will only be charged if you successfully receive compensation. Our professional fees are charged at a competitive rate, not a percentage of your damages.

Those fees are capped at 30% of your final compensation payout, to ensure you won’t be left wanting.

Every passenger accident claim is as individual as the person making it. There are many factors that may shorten, or prolong, the time it takes for a decision to be made. We will discuss these factors with you to keep you informed of your rights along the way.

To speed up the process, ensure you lodge a claim as soon as possible and have accurate and detailed medical records at hand. Should we require further medical records we will inform you of the detail and also assist you to obtain all the required information.

Some of this process is dependent on the stability of your injuries and the stage of recovery.Give us a call if you would like more information on this process.

This is a question every client asks! Unfortunately it is impossible for any injury compensation lawyer to answer accurately, at such an early stage. The extent of an injury compensation claim will depend on the severity of your injuries and the consequences on your circumstances.

Many factors contribute to the assessment of your damages including treatment, past and future loss of income and your ability to work. Ongoing care and rehabilitation and pain and suffering will also impact on the settlement amount.

This is an important issue to discuss, so contact us and an expert motor vehicle accident injury lawyer will discuss your claim and explain this process.

Strict time limits apply under the legislation for you to make a claim.

Strict time limits apply to car accident injury compensation claims and CTP claims. Generally you will need to lodge a Notice of Accident claim form with the relevant compulsory third party insurer within 9 months of the accident.

Where you don’t have the registration details or don’t know the motor vehicle at fault, you must serve the Notice on the Nominal Defendant with 3 months but up to 9 months with a reasonable excuse for delay. Outside 9 months a claim against the Nominal Defendant is out of time. Other than in Nominal Defendant cases you have 3 years from the date of the injury to commence a claim in court.

Contact Gouldson Legal as soon as possible to ensure your claim is not held up should complications arise.

Gouldson Legal specialises as motor vehicle accident and CTP injury compensation lawyers in Brisbane on a “No win no fee” basis.

Where Do I Begin  

Obtain the name and address of the driver(s) at fault and also the registration plate number, make and mode of the car at fault.

It may be beneficial for you to take photographs and sketch a plan of the accident scene to assist you in the future. Also take all witness details.

Should Queensland Police not attend the scene of the accident, you must report the accident to the Police within 28 days.

If you fail to do so, you will need to complete further paperwork (Gouldson Legal will provide this to you) and it will need to be delivered to the closest police station to the accident.

Contact Gouldson Legal and speak to one of our seasoned car accident injury lawyers.

They will start the claims process within 48 hours as strict time limits apply.

Ensure you receive the very best ongoing medical treatment and advice. You will need to obtain medical evidence to show that your injury is a direct consequence of the car accident.

Don’t forget to also look after your emotional health during this difficult time. Visit our Support Groups page for more information.

Expect to receive regular phone calls and correspondence from your Gouldson Injury lawyer, keeping you up to date with how your claim is progressing.

In between phone calls, concentrate on getting better.