Motor Vehicle Accidents FAQ
Here are some commonly asked questions to assist your understanding of the motor vehicle accident compensation process.
Q: How much will legal help from a Personal Injury Lawyer cost?
A: At Stacks/Compensation, our policy is "No win, no fee". This means that we charge no fee unless your personal injury claim is successful. We generally also pay for all related outgoing costs, such as disbursements for medical reports, which will be reimbursed to us by the insurance company in the likely event of a successful claim. The insurance company will cover most of the legal costs with us - the difference between the payment of the insurance company and the actual cost is generally about one third, which you pay to us from your claim compensation. If you think you have a valid motor vehicle accident claim, it may be in your best interest to use a personal injury lawyer since the amount of your compensation will be more than your legal fees. Using us can help you receive your full entitlement to compensation at minimum cost.Q: Who will I get compensation from?
A: In Australia, by law every vehicle must be registered and have compulsory Greenslips. This connects every registered vehicle to Third Party Insurance. This insurance, called Compulsory Third Party (CTP) insurance is the fund which will pay you for the damages of the negligent driver. However, even if the negligent vehicle is not registered, you may still be entitled to receive compensation. This is because there is a group of insurers who take responsibility for paying compensation on unregistered vehicles. This insurer is called the Nominal Defendant.Q: How will compensation be paid? In instalments or in a lump sum?
A: You will receive compensation for your motor vehicle accident in a lump sum that is tax free.Q: How long will it take for a settlement?
A: The length of time it takes to settle a motor accident claim varies based on the complexity of the case. A greater number of cases are now being represented by Personal Injury Lawyers and the average amount of time has decreased in recent years to between 12 to 18 months, for a fair settlement.Q: I really don’t want to go to court. Can I still make a claim?
A: Yes. In fact, most cases (85%) are actually settled outside of court - especially clear-cut cases involving an unambiguous injury and an identified at-fault party. If your case is more complicated however, you may still need to go to court to successfully settle your claim.Q: What if the Court decides that the accident is partially my fault?
A: Your compensation award will be reduced by the level of your responsibility. For example, if the Court determines that the accident deserves $50,000 compensation, but that you were 50% at fault, you will receive half of your compensation, or $25,000.Q: Do NSW and QLD have the same processes in filing a Motor Vehicle Accident Claim?
A: Not exactly. Acts which regulate personal injury law vary slightly from state to state. Stacks/Compensation operates in numerous offices throughout all areas of both New South Wales and Queensland, and no matter where you are in these states, an experienced lawyer will be able to help you through the processes involved. Time constraints may be different from state to state, so it is important to report your accident immediately. However, the basic steps of what you should do at the time of your injury remain the same in all the States of Australia: namely, reporting the matter to the police, obtaining relevant written medical advice, and if appropriate bringing the matter to the attention of a personal injury lawyer.If you have suffered an injury as the result of a car accident, as a pedestrian, or in any other form of motor vehicle accident, Stacks/Compensation can help you.
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