The ABC of making an MVA claim in QLD 2020 Update

Millner and Knight manage Queensland’s largest panel of motor accident law firms, dedicated to getting plaintiffs with a better deal when it comes to making claim. Call us now on 1800 106 107 to find out how we can make it right.

A total of 267 people lost their lives on Queensland roads last year, which was a drop in the ocean compared to the 51,000 people who died in motor vehicle accidents across Australia – including 6,483 in Queensland where one in four fatalities were young people aged between 16 and 24.

Considering that every Australian runs the greatest risk of being killed or injured in a motor vehicle-related accident, it pays to be aware of accident compensation entitlements and, should the need arise. That’s why letting the no win no fee experts at Millner and Knight smooth out your claims process would be the smart play.

Last year alone 1,225 people were fatally injured in MVA incidents countrywide and this year the national toll is 665. Sobering statistics which haven’t been able to curb the 2018-19 death rate to September this year, which has climbed to 5.13% per 100,000 people in Queensland, above the national average of 4.85%.

Over the past 12 months, the death toll on Queensland roads peaked at 29 in April and 26 in October. The SEQ South region has recorded the highest number of deaths in the state, with 53 in the 12 months to September 2018, and the Central region has the lowest, with 24.

Death or injury strikes like a thief in the night and most people are unprepared for the emotional tsunami that follows the loss of a loved one or the strain of having to cope with injury, personally or to friends and/or family. These issues are amplified while also having to deal with a stressful claims process.

This is where Millner and Knight comes into the picture by providing professional assistance, at no personal cost, while referring your claim to our niche lawyers on who are best suited to fighting your claim so that you can have peace of mind and focus exclusively on the healing process.

So, if you have been involved in an accident, it pays to know that:

• Do not admit liability under any circumstances.
• Avoid discussing any aspect of the accident if you are contacted by a witness, an injured third party or their lawyers.
• Strict time limits may apply
• Try and make notes of critical information, if possible, such as registration numbers and the make or model of cars involved, particularly in a hit-and-run incident, as well as the names and contact details of potential witnesses.
• Motor injury insurance for personal and third-party cover is compulsory in Queensland as cover for lifetime treatment, care and support for those injured in MVAs.
• The list of those entitled to claim extends to drivers, passengers, pedestrians and cyclists, as well as close relatives who were financially dependent on a fatally injured person.
• In principle, any successful claim for medical and associated health treatment costs, economic loss and compensation for pain and suffering, has to establish fault, completely or in part, on behalf of the other driver(s). If the vehicle at fault was licensed interstate, the claim will fall under the jurisdiction of the relevant third-party insurer in that state or territory.
• However, from 1 July 2016, injury claims for care and support are still valid even if the claimant was at fault or unable to establish fault against a third party. A claim can also be made if the vehicle at fault is unidentified or unlicensed, such as in a ‘hit and run’ situation.
• Compensation can be reduced if the claimant was; not wearing a seatbelt or helmet while riding a motorbike, scooter or bicycle, riding unrestrained in an open-top vehicle, deemed to have contributed to the crash and if you, or your driver, were under the influence of alcohol or drugs.

You may be still entitled to lifetime care and support for catastrophic injuries paid on an as you go basis, even if you are unable to establish fault against a third party for the accident

If you are catastrophically injured and are unable to establish fault against a third party involved in the crash, you may be entitled to receive lifetime care and support paid on an as you go basis as part of the expansion of motor injury insurance, which also came into effect on 1 July 2016.

If you are a relative who was financially dependent on the deceased, you may be able to claim funeral and headstone expenses, loss of financial benefit provided by the deceased and loss of services provided by the deceased.

Learn how to make a claim.

• Motor Vehicle Law