Injured In A No-Fault Car Accident with no insurance?
What You Need To Know
No one is perfect and that is certainly true on Australia's roadways. Motor vehicle accidents will happen and when they do, you will most likely have to deal with property damage to your motor vehicle and medical expenses.
The process of getting compensation will depend on the insurance situation of the vehicles involved, whether either of the drivers involved was at fault and the financial situation of the drivers.
If you were injured in a no-fault car accident and you don't have an insurance policy, don't despair, you have options. It would be worth seeking legal advice before you start pursuing a claim.
Talk with an experienced car accident lawyer for more information.
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Fill in the form below to find out if you have a claim.
No-Fault No Insurance Coverage Claims
In Queensland, all motor is required by law to have a policy of third-party insurance attached to the vehicle registration. This compulsory third-party (CTP) insurance, also known as green slip insurance, protects vehicle owners and drivers from being held financially responsible if they injure someone in an accident.
So if a person suffers a personal injury either totally or partly due to the fault of the other party, they can get medical treatment and therapy in addition to fair compensation promptly.
CTP insurance does not cover property damage caused to other people’s vehicles or property. For that, you will need to look at other car insurance options, such as third-party property, third-party fire, and comprehensive car insurance.
Typically, at-fault drivers in a car crash are liable for damages to other people's property and medical expenses. If you caused an accident and don't have appropriate insurance other than CTP, then you will probably have to pay for any damages out of pocket.
So if a person suffers a personal injury either totally or partly due to the fault of the other party, they can get medical treatment and therapy in addition to fair compensation promptly.
CTP insurance does not cover property damage caused to other people’s vehicles or property. For that, you will need to look at other car insurance options, such as third-party property, third-party fire, and comprehensive car insurance.
Typically, at-fault drivers in a car crash are liable for damages to other people's property and medical expenses. If you caused an accident and don't have appropriate insurance other than CTP, then you will probably have to pay for any damages out of pocket.
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The kinds of costs you may have to pay to the other driver could include: repairing the damaged car; towing costs; the cost of a replacement vehicle or rental car; and the cost to replace damaged property.
If you are in an accident without insurance and the other party is not at fault. You will need to use sick leave, Centrelink benefits, Medicare, and other government assistance unless you have another insurance cover such as income protection or private health insurance.
If you are in an accident without insurance and the other party is not at fault. You will need to use sick leave, Centrelink benefits, Medicare, and other government assistance unless you have another insurance cover such as income protection or private health insurance.
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Can I Claim For Injury From a No-Fault Car Accident Despite Having No Insurance?
Yes, even without insurance if you've been in a car crash that was not your fault and has been injured and suffered damages you can consider pursuing getting your expenses paid by the person who has legal liability. If you find yourself in this situation, it may be worth pursuing legal advice to find out if you have a claim against the other driver.
How much compensation you can get will depend on: the severity of your injuries; the number of your financial losses; the nature of the accident; and the financial situation of the person at fault.T
here is another option to pursue property damage, not injuries, aside from claiming the at-fault party. You can go to the Australian Financial Complaints Authority (AFCA) and make a complaint. You can try this option when:
- You didn't cause the accident
- There is less than $15,000 in damages
- The liable driver has an insurance policy and claimed the insurance provider
How much compensation you can get will depend on: the severity of your injuries; the number of your financial losses; the nature of the accident; and the financial situation of the person at fault.T
here is another option to pursue property damage, not injuries, aside from claiming the at-fault party. You can go to the Australian Financial Complaints Authority (AFCA) and make a complaint. You can try this option when:
- You didn't cause the accident
- There is less than $15,000 in damages
- The liable driver has an insurance policy and claimed the insurance provider
No-Fault Car Accident Injuries You Can Claim For With No Insurance:
When an accident happened through no fault of yours, you can make the following compensation claims even if you are without insurance. You can ask for:
- Medical expenses for injuries caused by the other driver, which can include past and future treatment and care.
- Missed earnings due to the inability to work
- Lost support if the main earner in the family was injured in the accident.
- Funeral costs.
- Repair costs to your vehicle.
- Claim for mental health-related issues, arising out of the accident.
It is important to be aware that most insurance companies have a ceiling for how much they will cover if they do agree to make payments to you.
- Medical expenses for injuries caused by the other driver, which can include past and future treatment and care.
- Missed earnings due to the inability to work
- Lost support if the main earner in the family was injured in the accident.
- Funeral costs.
- Repair costs to your vehicle.
- Claim for mental health-related issues, arising out of the accident.
It is important to be aware that most insurance companies have a ceiling for how much they will cover if they do agree to make payments to you.
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The Claims Process For No-Fault Car Accident Injuries With No Insurance
Deciding whether to claim against a responsible party is not a simple process. It is probably a good idea to consult with a personal injury lawyer who has experience with car accident claims. The lawyer will give legal advice on whether to make a claim on the at-fault driver's insurance policy and will tell you what you need to get a good result.
Typical Documents Needed to Prove Your Claim
- A medical report by a doctor who is approved by the relevant insurance company; the report needs to describe the injuries suffered in the action and the treatment required treatment.
- Written records of the medical treatment received and estimates for future treatment if necessary.
- Financial records and reports that show your loss of earnings and/or inability to perform your job on a temporary or permanent basis.
- A psychological report stating any trauma of post-traumatic stress disorder resulting from the accident.
- The police reports were filed by the parties involved.Insurance assessment of the value of damages
- Written records of the medical treatment received and estimates for future treatment if necessary.
- Financial records and reports that show your loss of earnings and/or inability to perform your job on a temporary or permanent basis.
- A psychological report stating any trauma of post-traumatic stress disorder resulting from the accident.
- The police reports were filed by the parties involved.Insurance assessment of the value of damages
Once you have gathered your documents, you can write a demand letter. This letter of demand strongly asks for payment from an at-fault driver or their insurer. Such a letter should go through all of the details of the accident.
Specifically, the injuries and repairs that are needed. If you remembered to exchange details with the other driver at the accident scene, getting the letter to them should be fairly simple.
Include the details below in the letter of demand:
- Your contact details
- The at-fault driver's contact information
- Registration numbers of both cars
- Details of the accident
- How much the repairs will cost
- Demand for payment
- Final date before you start a legal action
If an at-fault driver ignores your letter of demand, you can seek more and pursue other options to secure damages. Again, choosing to seek legal advice from an experienced professional will serve you well.
Specifically, the injuries and repairs that are needed. If you remembered to exchange details with the other driver at the accident scene, getting the letter to them should be fairly simple.
Include the details below in the letter of demand:
- Your contact details
- The at-fault driver's contact information
- Registration numbers of both cars
- Details of the accident
- How much the repairs will cost
- Demand for payment
- Final date before you start a legal action
If an at-fault driver ignores your letter of demand, you can seek more and pursue other options to secure damages. Again, choosing to seek legal advice from an experienced professional will serve you well.
Engaging an Authority on Financial Matters
As stated earlier, if the other driver has comprehensive insurance, you can avoid dealing with them at all, and contact their insurance company directly. To make this happen, reach out to the Australian Financial Complaints Authority (AFCA).
With this option, the amount of damages you are seeking is important. It can also take some time to resolve so you must be willing to wait.
With this option, the amount of damages you are seeking is important. It can also take some time to resolve so you must be willing to wait.
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You are Not Alone
We know the process is a lot to take in and it's hard to know which steps to take next. Our lawyers and staff will patiently explain the process so you are comfortable with the plan and confident about the path forward.
We Care About You and Your Success
At Smith's Lawyers, your well-being and your case's successful result are what matters to us. We value each of our clients and are honoured to represent you during this challenging time. Together, we'll get through it.
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This promise means all financial up-side and no expensive downside for you. You get compensated without spending anything from your pocket. Unlike other firms, we don't make you pay the other party's legal fees and expenses if your case doesn't succeed in court. If you don't win, you don't pay us or anyone else.
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Our financial numbers are quite impressive. In 25 years, not one client has had to pay out-of-pocket expenses. In the last financial year, our clients received over $28 million in compensation. We work hard and get great results for you.
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No-Fault No Insurance Compensation FAQs
What Is The Time Limit For Claiming After a Car Accident?
Yes, strict time limits apply. You have 3 years from the date of the accident to make most claims. Some exceptions can apply. It's always best to get legal advice right away.
Who Pays For Motor Vehicle Injury Compensation?
You will be paid by the Compulsory Third Party (CTP) Insurer of the liable party. The at-fault driver doesn't pay out of their pocket and they don't need to get a lawyer for the case. Their CTP insurer will handle the whole case for them.
For example, if you were a passenger in a car and were injured due to the driver's fault, then you could bring a claim with no adverse implications for them.
For example, if you were a passenger in a car and were injured due to the driver's fault, then you could bring a claim with no adverse implications for them.
Is a Lawyer Necessary?
If you weren't hurt in the accident and only need money to fix your own car, a lawyer probably won't be needed if you have suitable insurance or the liable party has suitable insurance. If you were injured, or someone in your car was injured, you should consult an lawyer for general advice.
It is easy to download a notice of accident claim form from the MAIC (Motor Accident Insurance Commission). You can then lodge the insurance claim with the CTP insurer of the liable driver.
However, if you can't take the insurer to court, it will be hard to get adequate compensation for your damages. Your best option is to get the assistance of an experienced lawyer to help you negotiate a reasonable settlement.
It is easy to download a notice of accident claim form from the MAIC (Motor Accident Insurance Commission). You can then lodge the insurance claim with the CTP insurer of the liable driver.
However, if you can't take the insurer to court, it will be hard to get adequate compensation for your damages. Your best option is to get the assistance of an experienced lawyer to help you negotiate a reasonable settlement.
How Much Compensation Can You Claim For Vehicle No-Fault Accident Injuries?
As stated earlier, if the other driver has comprehensive insurance, you can avoid dealing with them at all, and contact their insurance company directly. To make this happen, reach out to the Australian Financial Complaints Authority (AFCA).
With this option, the amount of damages you are seeking is important. It can also take some time to resolve so you must be willing to wait.
With this option, the amount of damages you are seeking is important. It can also take some time to resolve so you must be willing to wait.
Do I Call a Lawyer Right Away?
Your top priority should be to attend to those who've been injured. Call emergency services and the police right away. If the police aren't on the scene, report the accident to them and your insurance company.
You don't need to call a lawyer right after an accident. However, if you are injured, it would be prudent to not delay too long before getting a legal consultation.
The benefits of pursuing a claim sooner than later are that it will be easier to gather evidence and witness statements that can help your case. It will also help you meet any relevant deadlines for lodging your claim.
You don't need to call a lawyer right after an accident. However, if you are injured, it would be prudent to not delay too long before getting a legal consultation.
The benefits of pursuing a claim sooner than later are that it will be easier to gather evidence and witness statements that can help your case. It will also help you meet any relevant deadlines for lodging your claim.
What If I Wasn't Driving?
Your injuries might result in expenses for rehab, therapy, medication, and even surgery. Some of the medical expenses will be covered by Medicare. You also may be eligible for some claims through your private health fund policy.
We can help you claim other out-of-pocket expenses from the CTP insurer of the liable driver so you won't have to wait for the full compensation payout to settle.
Accidents are stressful for everyone involved and the process of seeking compensation for property damage and medical expenses can be overwhelming. It's hard to know where to turn or where to start first.
A good first step in making a car accident injury claim in Queensland is to get in touch with experienced accident lawyers. At Smith's Lawyers, we'll do our best to make sure you get the fair compensation you deserve.
We can help you claim other out-of-pocket expenses from the CTP insurer of the liable driver so you won't have to wait for the full compensation payout to settle.
Accidents are stressful for everyone involved and the process of seeking compensation for property damage and medical expenses can be overwhelming. It's hard to know where to turn or where to start first.
A good first step in making a car accident injury claim in Queensland is to get in touch with experienced accident lawyers. At Smith's Lawyers, we'll do our best to make sure you get the fair compensation you deserve.
Lodge A "No Win No Fee" Claim
If you suffer injuries while at work, you don't have to worry about the whole process of making your claim or the legal fees involved. Here at Smith's Lawyers, we offer free consultation services for injured workers looking to kickstart their claims. As mentioned before, we also have a no-win no fee, no catch policy.
Get in touch with us to give yourself the best opportunity to receive the maximum compensation possible for your claim.
Thank you to Yasmine Chalvatzis, Vivian Lee, and to their supportive team members in helping me through this difficult trying time. I am very grateful for their assistance, and happy with the final outcome. I would also like to thank Jeremy Wiltshire, Barrister-at-law, who along with Yasmine, helped to bring a resoluti
Absolutely fantastic service from the team at Smith’s from start to finish. Emily was amazing in communicating everything, making sure I was aware of everything and was well informed before making decisions. She took the time to explain the ins and outs of my case and made sure to ease my mind with every concern I had.
What a beautiful experience to have worked with Smith lawyers! Such a kind and trusting company. I worked with Emily on my case and am blown away with her work and kindness. Very happy! Thank You so much.
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