Are there time limits for filing motorcycle accident claims in Queensland?

The date you are injured is a very important piece of information your lawyer will want to establish as soon as possible so that they can advise you of any important time limits that will apply to your claim. Time limits create a deadline in which notices have to be given to insurers and court documents are to be filed with the Court. These timeframes are very important and missing them can result in you losing your right to make a claim.

It is recommended that you call a lawyer as soon as possible and get advice on what time limits will apply to your circumstances. Making a note and reminders of these dates is wise as the impact of missing the time limits could mean losing your entitlement to claim.

A Notice of Accident Claim Form must be lodged with the insurer on the earlier of 1 month from consulting a lawyer or 9 months from the date of accident. A lawyer can help you prepare and lodge this claim form within the right insurer and within necessary time frames.

There are special rules where an unregistered vehicle or an unidentified vehicle is involved. In this case there is no CTP Insurer and much stricter and shorter time limits apply. There is a limit of 3 months to lodge the Notice of Accident Claim Form with the Nominal Defendant. The Nominal Defendant is a Government body who acts as the insurer in these matters. If you do not lodge the claim form in the 3-month period, it is possible to lodge it within 9 months along with a reasonable excuse for delay. After the 9-month period, if the Notice of Accident Claim Form is not lodged with the Nominal Defendant, the right to claim is lost, in legal terms this is called statute barred.

In addition to the requirement to give a Notice of Accident Claim Form within the prescribed period, the courts in Queensland have a three-year limit for you to file documents to protect your claim. If more than three years has lapsed since the accident, and you have not filed court documents it is likely you have lost your entitlement to claim. However, you should still seek legal advice to establish if there are grounds upon which an extension of time may be granted, although it is in very limited circumstances that the court will exercise their discretion

We recommend contacting a lawyer and discussing the specific circumstances of your motorcycle accident so that you are properly advised and protected and do not lose any rights by missing any important time limits.

Are there any fees associated with hiring Trilby Misso for my motorcycle accident case?

At Trilby Misso, there are only legal fees associated with hiring us if you are successful in your motorcycle accident case. This is often referred to as a no win no fee arrangement.

When we meet, the team at Trilby Misso will take the time to ensure you fully understand the no win no fee agreement, what it means for you and what, if any, risks exist.

The benefit of hiring a no win no fee motorcycle accident lawyer is that it allows people access to justice that they would not otherwise be in a financial position to pursue. Suffering an injury in a motorcycle accident, and the impact of that injury can be financially stressful, having to pay for a lawyer upfront would be impossible for so many Queenslanders. A motorcycle accident lawyer means that injured people have the opportunity to engage a lawyer and pursue their claim without paying upfront legal fees.

You will be working with your motorcycle accident lawyer on a matter incredibly important to you, it is crucial you have a clear line of communication, and feel free to ask questions. This will begin with the no win no fee agreement. After the lawyer has explained the terms of the agreement and any risks that may exist, if you have any questions, it is important that you ask and seek clarification of anything you are unsure of. The lawyer understands that this is a new experience for you, so they will not judge you for asking questions. Good questions to ask your motorcycle accident lawyer are:

• What happens if I lose the case?
• Are there any upfront fees or costs to pay?
• Are there any hidden costs?

What happens if I lose the case?

If your claim is unsuccessful, it is important that you understand what, if any, expenses you may be responsible for. Some motorcycle accident lawyers may require you to pay for any external expenses incurred, like report and search fees. At Trilby Misso, WE DO NOT REQUIRE ANY FEES OR EXPENSES TO BE PAID IF YOU ARE UNSUCCESSFUL.

There is always a risk if you proceed to a trial and lose, that a Judge may make an order that you pay the insurer’s legal fees (less than 2% of cases in Queensland proceed to a trial). The likelihood of this happening is something you should discuss with your motorcycle accident lawyer. They will be able to advise you after taking into consideration the very specific details of your case.

Are there any upfront fees or costs to pay?

Some motorcycle accident lawyers require search and report fees to be paid upfront. At Trilby Misso, we DO NOT REQUIRE ANY FEES OR COSTS TO BE PAID UPFRONT.

Are there any hidden costs?

One risk in many no win no fee agreements is hidden costs like an uplift fee. Many motorcycle accident lawyers charge an uplift up to 25% of their fees, this can amount to a significant sum from your settlement. It is important you fully understand all terms of the agreement and any extra charges like an uplift fee. At Trilby Misso, we NEVER CHARGE AN UPLIFT FEE.

Is Trilby Misso experienced in motorcycle accident claims in Queensland?

Trilby Misso Lawyers have helped over 40,000 Queenslanders with their personal injury claim, with many of our clients injured in motorcycle accidents.

Motorcycle accidents are unfortunately a common occurrence and injuries can vary from minor to catastrophic. Trilby Misso understands that being injured in a motorcycle accident can create further issues than just the injury itself, like time off work, being unable to care for yourself, medical expenses and the stress of the uncertainty around your future. This is where Trilby Misso lawyers can assist you with your motorcycle accident case.

Examples of a motorcycle accident are:

• Two or more vehicles colliding
• A motorcycle colliding with another vehicle, pushbike, pedestrian, scooter or truck
• Dangerous driving of one party causing an accident
• Forklifts or tractors on a road causing an accident
• Stolen vehicles causing accidents and injury
• Hit and run accidents, where the vehicle is unidentified
• Drink driver related accidents
• Taking evasive action and causing injury in an attempt to avoid an accident

An accident does not necessarily have to happen on a road for there to be a right to make a claim for compensation.

At Trilby Misso we will do the following in your motorcycle accident claim:

• Gather evidence in relation to the accident, the parties involved, identify the insurer, and will look over issues and evidence relating to liability, that is who is at fault;
• Protect your rights by ensuring all administrative requirements to make a claim are met, for example, making sure a Notice of Accident Claim Form is lodged in the relevant time frames;
• Request that the insurer fund any recommended rehabilitation, for example, where physiotherapy is recommended, the lawyer may request that the insurer fund that treatment upfront for you;
• Gather evidence about your financial losses and injury, this could include income information both pre and post-accident, medical receipts, medical reports, and imaging reports.
• Provide you with advice regarding your prospects of success and the likely compensation to be awarded to you based on the available evidence.
• Negotiate on your behalf with your instructions to attempt to resolve the claim without needing to involve the courts.
• Represent you throughout the claim and if necessary (only where an out of Court settlement can’t be reached) commence Court Proceedings and represent you at trial.

It is recommended that you seek legal advice as to the very specific circumstances of your motorcycle accident so that you may fully understand your rights and obligations.

What are common types of motorcycle accident claims in Queensland?

When it comes to motorcycle accidents in Queensland, there are different types of claims that can be made based on the circumstances of the accident. Understanding these types can help individuals know their rights and seek appropriate legal action. Some common types of car accident claims include (but are not exclusive to):

Whiplash Claims

Whiplash is a common injury resulting from motorcycle accidents, especially rear-end collisions. Victims of whiplash may be able to claim compensation for medical expenses and pain and suffering.

Minor Injury Claims

These claims typically involve minor injuries such as bruises, cuts, or sprains. While the injuries may be minor, individuals may be able to seek compensation for medical costs and any impact on their daily life.

Serious Injury Claims

In cases of severe injuries such as broken bones, head injuries, or spinal cord injuries, victims may be entitled to significant compensation. These claims may cover medical treatment, rehabilitation, lost income, and long-term care.

Fatal Accident Claims

When a motorcycle accident results in the death of a loved one, the family of the deceased can file a fatal accident claim. This claim may provide compensation for funeral expenses, loss of income, and the emotional impact of the loss.

How will a motorcycle accident lawyer in Queensland help me?

Navigating the legal complexities of motorcycle accident claims can be overwhelming, especially for those unfamiliar with the legal system. Motorcycle accident lawyers in Queensland specialise in handling such cases and provide a range of services to their clients, including:

• Legal advice: motorcycle accident lawyers offer expert legal advice on rights, options, and the potential outcomes of a claim.
• Investigation: Lawyers investigate the circumstances of the accident, collect evidence, and build a strong case to support the client’s claim.
• Negotiation: Experienced lawyers negotiate with insurance companies and other parties to ensure fair compensation for their clients.
• Representation: In case of legal proceedings, motorcycle accident lawyers in Queensland represent their clients in court, advocating for their rights and interests.

If you have been involved in a motorcycle accident in Queensland, we recommend speaking with a lawyer to fully understand your rights and obligations specific to your unique circumstances.

Is it worth making a motorcycle accident claim in Queensland?

A common question people have when contemplating making a motorcycle accident claim in Queensland for injuries sustained, is whether it is financially worth pursuing. Assuming you have a right to make a claim, there are two aspects to this:

• will you be awarded a sum of money large enough to justify your efforts (in time and emotionally) and;
• will there be anything left for you after the lawyers and any Government refunds are paid?

It is common for motorcycle accident lawyers in Queensland to offer an obligation free assessment to look at exactly this issue. The lawyers will take your instructions and gather information about the circumstances of the motorcycle accident, including: your injury, cost of treatment, medical prognosis, and the impact of the injury on your ability to work. This information will help the lawyer assess the merits of your case and whether it is one worth pursuing. The lawyers will want to be reasonably confident that your motorcycle case is worth pursuing before they offer you a no win no fee agreement/arrangement. We recommend you take time to understand the lawyer’s fee structure and terms of their no win no fee arrangement.

After carefully assessing the circumstances of your motorcycle accident and injury the lawyers will give you their opinion as to whether they think you have a claim worth pursuing. It is then up to you whether you proceed or not or whether you seek a second opinion from another motorcycle accident lawyer in Queensland.

Further information about filing motorcycle accident claims in Queensland

https://maic.qld.gov.au/for-drivers/ctp-insurance-premiums/ctp-insurance-for-motorcyclists/

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