If you have been injured in a motor vehicle accident either as a passenger, driver, cyclist or pedestrian and the at-fault vehicle has fled the scene, you may be entitled to bring a hit and run claim.
While it is hard to imagine fleeing the scene of an accident, it unfortunately does happen and often the injuries sustained are quite serious. Often there is a fair amount of confusion following the accident and the next steps to take can be totally unknown.
Our hit and run lawyers are well experienced in these types of claims and the various steps that need to be taken following the accident.
In the event of a hit and run 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.
Hit and Run Compensation Claim Process in QLD
Typically after a road accident both parties exchange details and the compensation claim process can begin easily. In these circumstances, you would normally commence a compensation claim against the CTP insurer of the at-fault party.
However, if you have been injured in a hit and run accident, you will be unable to identify the at-fault vehicle. Thankfully, you will still be entitled to commence a compensation claim which will be against the Nominal Defendant.
The Nominal Defendant is a statutory body which acts as the insurer for the unidentified vehicle and is in place to ensure those injured in hit and run accidents are able to access compensation.
If you have been involved in a hit and run accident you should ensure that you consult your doctor as soon as possible. You should also keep detailed notes and all receipts relating to any treatment or medication required for your injuries sustained in the accident.
If the accident has happened recently, or you have not been able to commence rehabilitation treatment, you should ensure that you get in contact with one of our hit and run lawyers quickly. By starting the claims process early your lawyer can obtain your treatment funding through the insurer, so you are not out-of-pocket.
Calculating Hit and Run Accident Compensation in QLD
If you have been injured in a traffic accident and you cannot identify the at-fault vehicle, commencing a hit and run claim will allow you to seek compensation against the Nominal Defendant for your losses.
Typically a hit and run claim will look to compensate you for your losses, including:
- Past and future medical and pharmaceutical expenses;
- Past and future rehabilitation expenses;
- Past and future loss of income and superannuation benefits;
- Out of pocket expenses relating to the accident;
- Past and future care and assistance.
In Queensland, there are strict limitation periods which apply to hit and run accident claims so it is important that you contact one of our lawyers to understand your rights.
Our expert hit and run lawyers will talk you through the claims process and help you understand if you will be eligible for compensation. It is rare that individuals injured in a hit and run accident are unable to access compensation as typically the at-fault party is the one who fled the scene.
If you would like to talk to one of our expert lawyers about your hit and run claim or any other type of injury claim, you can give us a call or submit a Free Case Review form and we will contact you.
Hit and Run Accident Lawyers – We Come To You
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.
Common Questions About Hit and Run 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 motor vehicle 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 pedestrian 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 hit and run 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.