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3 Commonly Asked Injury Law Questions

By 25 November 2015Special Law
injury lawyers ipswich

What Happens If I Was Hit By A Car, but I Don’t Have Their Registration Number?

In the case of being injured as a result of an accident involving a motor vehicle and you were unable to obtain the other vehicles registration number, you are still entitled to bring a claim. In these cases, the Nominal Defendant or the State of Queensland, take on the role of the insurer for the purposes of the claim. However, there are strict time limits in relation to claims involving unidentified vehicles. A Notice of Accident Claim Form must be given to the Nominal Defendant within three (3) months of the date of accident, failing which a reasonable excuse for the delay must be provided. Furthermore, if the Notice of Accident Claim Form is not given to the Nominal Defendant within nine (9) months of the date of the accident, the claim is statute barred and lost for ever (cannot proceed with the claim). In cases where the vehicle cannot be identified, the onus is on the Claimant to show that they have undertaken proper enquiries and searches to identify the motor vehicle and its registration and, despite same, have failed to establish the identify of the motor vehicle.

What Happens If I Was In A Car Accident On My Way to Work? Can I Still Make A Claim Against My Employer?

There is no common law entitlement to seek damages from your employer for injuries that occurred in a car accident during a journey to work. The person injured on the way to work is entitled to seek statutory benefits through their employer’s workers’ compensation insurer. This will include any necessary medical treatment and time off work until the injuries have reached a point where they are stable and stationary . However, there is no entitlement to seek compensation at common law from the employer or the workers’ compensation insurer , namely, damages for pain and suffering and future lost wages and expenses. However, if not at fault, but you were involved in a car accident on the way to work, then you can bring a common law claim for damages against the CTP Insurer for the vehicle at fault for the accident, however, any workers’ compensation statutory benefits received would need to be refunded from that common law claim.

What Does “No Win, No Fee” Really Mean?

The term “No Win, No Fee” means that lawyers will conduct claims on the basis that their fees and outlays will only have to be paid upon receipt of compensation, whether that be by way of settlement or a judgment at the conclusion of a Trial. In the event that a claim is not successful, although you would not have to be your lawyers’ fees and outlays, you may be ordered to pay the costs of the other party. In other words, the “No Win, No Fee” only applies to your own lawyer’s legal costs, not any other parties. Lawyers acting on a “No Win, No Fee” basis, often have a number of conditions on the basis in which they are prepared to act on a “No Win, No Fee” basis. These may vary from solicitor to solicitor.