Kathryn MacDonell
Chief Executive Officer
Kathryn is Trilby Misso’s Chief Executive Officer.
Meet Kathryn
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Will I be successful in my claim as a passenger in a car accident?
While we can’t guarantee success without knowing the specific circumstances of your car accident in Queensland, prospects of a successful outcome for a passenger in a car accident are very high. It would be very rare for a passenger to be the at fault party and be unsuccessful in a claim for compensation.
The issue of winning or losing any claim rests on liability, that means proving someone else is at fault and responsible for the car accident. The person who caused the accident may be the driver of the vehicle you were travelling in, or the driver of another vehicle.
The person who caused the car accident is the negligent party. The party at fault may have been careless, failed to stop, drove without due care and attention, the at fault party may even be unidentified, in the case of a hit and run.
Will the driver of the car be punished if I make a car accident claim in Queensland?
If a family member or friend was driving, it is natural to worry that bringing a claim for compensation might mean they are going to be financially or otherwise punished.
Any claim for compensation will be brought against the Compulsory Third Party (CTP) insurer of the vehicle at fault. This might be the insurer of the car you were travelling in, or if more than one car was involved in the accident, the insurer of the other car. Each year drivers in Queensland pay to have their vehicles registered which includes CTP insurance. The CTP insurer manages the claim and is responsible for funding any rehabilitation you might need and payment of any compensation that you might be awarded.
As lawyers, we communicate with the CTP insurer, not the driver. The CTP insurer might ask the driver for their version of events to verify the circumstances of the accident and in our experience, that is generally the extent of the involvement of the driver. It is very rare for the insurer to settle your claim and then seek recourse from the owner of the car or driver, this is generally limited to situations where the driver was under the influence of drugs or alcohol, or the vehicle was unregistered.
Further reading on making a car accident claim in Queensland
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Your next step is a small one, but don’t delay
Your next step is a small one. All you need to do is give us a call on 07 3910 5470 or complete this form here to arrange a quick chat.
During this initial conversation, we will:
- Have a chat about the circumstances and nature of your injury.
- Give you an approximate indication of your eligibility to make a WorkCover claim, or a claim for compensation through other means.
- Explain, in simple terms, how our process works. We will answer any questions you have about fees, the legal process, and anything else you’re unsure about relating to your injury.
We understand that taking legal action can be stressful, and we’ll do all we can to ease your concerns.
The chat can take place at our place, your place, or by phone. There is no cost, no pressure, and no obligation.
Call 07 3910 5470 or fill out this form, and we’ll get back to you within 2 hours (during business hours). We look forward to meeting you.
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