Overview
Time Limits
No Win No Fee
FAQ

Overview

If you or a friend or family member has been injured in a motor vehicle accident, road accident, motor cycle accident, truck accident, bus accident, bicycle accident or as a pedestrian you may be entitled to claim accident compensation for your injuries.

At Splatt Lawyers we take the stress out of making a claim and manage the injury claim process for you. Regardless of your injury, be it whiplash injuries through to the most serious of injuries, we take care of all the paperwork required to proceed with your claim.

We have successfully acted for people who have suffered an injury through no fault of their own. By making a claim through Splatt Lawyers we will claim for all of your physical injuries and psychological injuries (if applicable) and claim for any losses you may have incurred. These include past and future costs.

You may be able to claim for:

  • Medical expenses, rehabilitation expenses (such as physiotherapy, massage, etc) and hospital expenses;
  • Loss of wages, earnings or business profits (including loss of superannuation);
  • Pain and suffering;
  • Help around your home (paid or unpaid).

If your motor vehicle accident injury occurred on your way to or from work or during the course of your work you may be entitled to claim workers’ compensation benefits.

If you have suffered injury and are looking for a personal injury lawyer to assist you with your claim, our Kerry Splatt is an Accredited Specialist in Personal Injuries Law and oversees a team of specialist personal injury solicitors. We can assist you with your enquiry on a No Win No Fee basis and provide you with an obligation free initial consultation.

Splatt Lawyers is located in Brisbane but we can come to you or alternatively, you may prefer to communicate with us via telephone, email or skype.

As strict time limits apply to your motor accident claim you should contact Splatt Lawyers without delay as if you leave it too late you may no longer have a right to make a claim.

We serve all areas of Queensland. Take action now as strict time limits apply when seeking compensation for an injury sustained in a motor vehicle accident, whether you are a driver, passenger or pedestrian.

Time Limits

Strict time limits apply when seeking compensation for an injury sustained in a motor vehicle accident, whether you are a driver, passenger, or pedestrian.

Generally, you have only three years from the date of an accident within which to issue proceedings in Court. If you do not do so then you could lose your rights forever and be prevented from claiming (‘statute barred’).

You should also be aware that before you can issue proceedings in Court you must first comply with ‘pre-Court’ notification and other procedures pursuant to the Motor Accident Insurance Act (MAIA).

A ‘Notice of Accident Claim Form’ must be given to the CTP insurer of the vehicle(s) at fault. Generally this must be done within nine months of the accident or within one month of retaining the services of a solicitor.

In circumstances involving an unregistered or unidentified motor vehicle the time limits are very strict and a notice must be given to the Nominal Defendant within three months.
The Nominal Defendant is a government body that takes the place of the CTP insurer in circumstances where the ‘at fault’ vehicle is either unregistered or unidentified.

If pre-court procedures have not been completed and the three year limitation period is drawing near an application must be brought within the limitation period before a Judge. The Judge may make orders allowing proceedings to be filed outside the three year period once pre-court procedures have been completed. However, such proceedings must usually be filed within 60 days of a compulsory conference.

Failure to lodge the Notice of Accident Claim form and follow other procedures within time can jeopardize a claim.

No Win No Fee

At Splatt Lawyers we acknowledge that many injured people become financially distressed as a result of an injury and may not be able to afford the up-front costs involved in running a claim for personal injuries.

We work on a No Win No Fee Basis, we will agree to act on a speculative basis after a careful assessment of the facts and circumstances of your case. To act on a speculative basis means that we undertake not to render an account for our professional costs unless and until the matter is successfully concluded in your favour.

For more information about our No Win No Fee policy click here.

FAQ

Injured in a Road Traffc Accident? What type of accidents will fall under Road Traffic Accidents?

Over the years we have successfully acted for drivers and/or passengers who have suffered through no fault of their own injuries such as (but not limited to) head injuries, knee injuries, shoulder injuries, back injuries, wrist injuries, neck injuries, broken bones, breaks, fractures and dislocations as well as psychiatric and emotional disabilities.

Road or motor vehicle injury claims include accidents involving a car, motor vehicle, motorcycle, motor bike, bus, pedestrian, bicycle, cyclist, truck, whiplash, pillion rider, passenger, hit and run, driver, road fatality, coach accident, automobile, crashes and collisions, disfigurement, scarring, head and brain injury.

What if I have a motor vehicle accident on my way to or from work?

If you have a car accident on your direct way to or from work you will need to lodge a notice of claim with the correct compulsory third party (CTP) insurer.

You will also need to lodge an application for compensation with WorkCover.

However, as is the usual case, there will be no negligence alleged against your employer so a common law claim will proceed only against the compulsory third party (CTP) insurer of the at fault vehicle.

What if I drive for my job and have a motor vehicle accident during my work – is it a WorkCover claim or a motor vehicle claim?

The simple answer is both. If you have a car accident at work or on your way to work you will need to lodge a notice of claim with the correct third party insurer of the at fault vehicle.

You will also need to lodge an application for compensation with WorkCover. However, as is the usual case, there will be no negligence alleged against your employer.

A common law claim will proceed only against the compulsory third party insurer of the at fault vehicle.