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How To Make A Personal Injury Claim After A Motorbike Accident.

| Tim Dobinson

If you have been involved in a motorbike crash and have been injured, you may have considered how to go about making a claim for compensation.  If you’ve never needed to make a claim for compensation, you might not be sure how it works or what you need to do. It is important to have some understanding of the personal injury claim process as some steps need to be taken straight away or as soon as possible.  If you have been involved in a motorbike crash, contact a Personal Injury Lawyer. It is usually best to choose a local Law Firm with experience in Personal Injury claims such as Cairns Injury Lawyers

 

Motorbike Crash

Motorbike crash claims are treated in the same way as other motor vehicle claims.  It doesn’t matter if you are driving a car, truck or motorbike or if you are a passenger, cyclist or pedestrian.  If you have been injured in a motor vehicle accident in Queensland, you may be entitled to make a claim for compensation for your injuries.  You’ll need to know the compulsory third party (CTP) insurer of the motor vehicle that caused the accident. Then you can lodge a personal injury claim form with the Queensland CTP insurer.

 

How do I make a claim for Personal Injury Compensation?

The first and most important thing that you must do is contact a Personal Injury Lawyer.   It is important to do this as soon as possible so that they can provide legal advice early on.  In Queensland, the Law specifies strict time limits on when you can make a claim, which is usually 3- 9 months from the date of the accident depending on certain factors.

Your Lawyer can lead you through the steps involved in making a personal injury claim.  The steps are divided into two stages:

Stage 1 - The Pre-proceedings

  • The first phase of the claim process involves lodging a notice of accident claim form with the appropriate entities.
  • Once your claim has been lodged, the CTP insurer has 6 months to investigate your claim and decide whether they reject it or not.
  • Once you have received the CTP insurers response, it is best to start compiling evidence that supports the quantum of your claim.
  • You will need to participate in a compulsory conference with the CTP insurer to try negotiate a settlement.  If settlement is agreed on, you and the CTP insurer will enter into a Deed of Settlement, compensation will be paid and the process will be finished. If settlement is not agreed on, your claim will proceed to stage 2 - court stage!

Stage 2 - The Court Stage

The court stage involves preparation of documents known as pleadings.  Pleadings set out the legal and financial circumstances of a claim and allow each party to properly understand the other party’s case.  The court will usually order you to participate in a mediation in an attempt to reach an agreement with the CTP insurer.  If your claim is still not settled by the end of mediation, it will proceed to a trial.

 

If you have been injured in a motorbike accident in Cairns, contact us at Cairns Injury Lawyers.  Our experienced Lawyers have extensive knowledge of the Law and can navigate you through what can be a complicated process.

Contact us

Cairns Injury Lawyers

1/15 Spence St, Cairns City QLD 4870

ph 4052 0700

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