In general, car accidents are extremely distressing situations that cause financial hardship and can sometimes cause a serious impact on your day to day life. In most cases, it is likely that you are entitled to compensation which is usually paid by the Compulsory Third Party (CTP) insurer of the vehicle that was involved in the accident.
In Queensland, there are strict time limits on when you can make a compensation claim. Delaying the claims process can permanently strip you of rights to compensation. The claims process is commenced with sending a Notice of Claim to the vehicle at fault’s CTP insurer. Because the Notice of Claim is one of the most important documents in making a claim, it is critical that the details in it are absolutely correct and precise. For this reason, it is recommended that you seek legal advice before submitting the Notice of Claim.
Once the insurer investigates the claim, they will present you with an offer of settlement. You can accept their first offer, however, you also have the option to negotiate. If there is some negotiation to take place, this will happen prior to court action and, more often, a far more efficient way of claiming compensation. Settlements of this kind include all spectrums of compensation, including ongoing costs.
In most cases, car accident compensation claims are finalised within 9 to 12 months of a Notice of Claim being delivered to the insurer.
What if they reject my claim?
In the case that you are denied payment from the insurance company covering the responsible party, you have the option to take up legal action.
Being the driver or a passenger of a car, bus, truck, motorbike, bicycle or scooter and not being at fault of an accident is frustrating and you are not being compensated appropriately can put undue pressure on you. An experienced lawyer can run a claim seeking compensation for the impact it has had on your life.
In this instance, making sure that you have all documentation prepared before starting your claim can assist in the compensation claim process.