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Disputing the insurer’s offer to a Pedestrians

Injured pedestrians to whom a CTP insurer offers a claim settlement should be wary that the offer may be tens of thousands of dollars less than the fair entitlement. They need an experienced CTP claims lawyer to mount a challenge that will convince it to pay proper compensation.

Should I engage a CTP claims lawyer to find out the benefits I'm missing out on?

Pedestrians injured in a motor vehicle accident often need assistance in investigating will the precise circumstances of an accident in order to attribute fault to an at-fault vehicle. They also need expert help in formulating the components of the damages claim including loss of future earning capacity so as to ensure the compensation demand delivered to the insurer reflects each and every loss that pertains to their circumstances. Injured pedestrians should contact an expert as quickly as possible after the accident, to protect their interests. Beware of insurance representatives who claim to be acting in your best interests.

CTP insurers have their balance sheet and shareholders dividends in mind when they are dealing with your injury claim. Their task is to minimise the amount they pay to you for damages. They will do this by creating the impression the accident was your fault at least in part and by trivialising the injury and symptoms you sustain. If you don't have a CTP lawyer on your side, you are at serious risk of missing out on the full compensation to which you're entitled.

Our CTP Claims Lawyers make certain that the claims they file on behalf of vehicle accident victims cover lost wages, pain and suffering, loss of enjoyment of life, loss of future earning potential, paid and unpaid care, expenditures, and any other financial losses that may apply.

Any queries concerning the claims procedure can be answered by a member of our experienced staff at our Brisbane Head Office (near to major courts, insurers, medical experts and safety consultants) or at our Princess Alexandra Hospital and Browns Plains Medical Precinct offices.

To speak with a member of the CTP Claims Lawyers team, call or email today.

In addition, your superannuation fund membership may cover a TPD payout. Call our CTP Claims Lawyers today to learn more about your legal options.

1

Make insurance or compulsory third party insurance (CTP) claim

In Queensland, motor vehicles are required to have compulsory third party insurance (CTP). Your CTP Claims Lawyer will initiate your claim with your insurer or the at-fault party’s motor vehicle insurer.

2

Contact us to set up your no-obligation initial appointment.

At the initial consultation, your CTP Claims Lawyers will get more details on your situation and then investigate insurance coverage. Our CTP Claims Lawyers also explain our client and 'No Win No Fee agreement'.

3

Investigation & gathering evidence

The CTP Claims Lawyers will meticulously examine all the contributing factors to determine the cause of your accident while you recover from your injuries.

After that, we’ll brief medical specialists to examine you and provide expert evidence reports. From those reports, Your CTP Claims Lawyers will assess the fair compensation that the insurer must pay for how the injury has impacted you and your family at work and at home.

4

Attendance at informal settlement meeting

Our CTP Claims Lawyers will also formulate your damages demand and appoint an out of court meeting to negotiate the resolution of your claim settlement.

5

Case settled or court proceedings

Statistically, more than 97% of compensation claims are settled out of court. In many cases, the claim is resolved successfully during the informal settlement meeting, and you will receive compensation to which you are entitled.

In rare cases, if your claim has not been resolved at this stage, Our CTP Claims Lawyers will file proceedings in court to get you the compensation to which you are entitled according to law.

CTP claims we deal with:

Lawyers that handle CTP claims are experts in handling traffic accident cases. When it comes to negotiating with insurance, our CTP Claims team has decades of experience. So, no matter where your accident occurred, we can help.

Car accidents

Truck accidents

Motorcycle accidents

Bicycle accidents

Pedestrian accidents

Train accidents

Bus accidents

The insurer's decision isn't always final!

Frequently asked Questions about Lodging a CTP Claim

If you were not at fault for the accident, you would most likely be able to submit a claim without risk. Only a lawyer, after evaluating your case, may make this decision.

If you qualify, you'll be given a free, no-obligation consultation to go over your options in greater depth. Your lawyer will be able to tell you how likely your case is to succeed and what results from you can expect.

What if I lose my case?

CTP Claims Lawyers work on a no-win, no-fee basis. You will not be left out of money if your compensation claim is denied for any reason. Our guarantee indicates that you will not be responsible for any legal fees if you lose your case.

What if I win my case?

If you win your CTP claim, you will receive your entire payout, with the exception of your lawyer's legal fees, which you will have initially agreed upon.

When your final payment is received, your lawyer's fees will be deducted.

It's reassuring to know that the losing party's or third-party insurance usually covers a major percentage of your legal expenses.

It usually takes 12 to 18 months to settle a CTP claim after you file it, but it can take up to three years.

CTP insurers are expected to determine whether the car they insured was ‘at-fault' for the accident within six months of the claim being filed, but it may take much longer, especially if your injuries are severe or there is a dispute over who was at fault.

If you file a claim with a CTP insurer, you have nine months from the date of the accident or the first appearance of symptoms of your injury.

You only have three months to file a claim with the Nominal Defendant if the ‘at fault' vehicle was unnamed or unregistered.

What documents/information do you need to file a CTP claim?

Details of the motor vehicle accident

Contact details for all drivers involved in the accident as well as those of eye-witnesses and passengers are needed. And details of all vehicles and their registration are must.

Make sure you know the accident's date, time, and its precise location. You also need a description of how it occurred, know what you were doing eg waiting to turn, at the moment of contact. Photographs of the scene are not mandatory but can be very useful in many cases.

Medical certificates / reports details

Go to a doctor within the first few days after the accident. The doctor may not be able to do any more than recommend rest and pain killers, but each visit helps create a record that will be useful later.

Make sure your report to the doctor even ordinary things like headaches, dizziness, nausea, stiffness and pain. You should return to the doctor regularly even if there is no real assistance that he or she can provide. It is also important to report any emotional or psychological injuries as a result of the accident.

Your work history

Details of your work history as far back as six years is needed. Compensation for loss of earning capacity in the future is often dependent on the consistency of a person's pre-accident employment history.

The date on which you last worked on the date when you expect to be able to return to work are also needed.

Your medical history

Details of your medical history, prior injuries and any pre-existing medical illnesses as far as you can remember except for trivial things like flu and colds – are required.

Prior claim details

Details of your previous injury compensation, workers compensation, income protection and Centrelink claims are required to be disclosed including the result of the claim and the identity of any insurance company that paid any compensation to you.

Self-employment details

If you are self-employed you will need to provide particulars of your business's revenue and expenses together with contact details for your accountant so the CTP insurer can verify same.

What fees do you pay a solicitor for disputing a CTP claim?

CTP Claims Lawyers' No-Win No-Fee terms affords fairness to those seeking compensation for personal injury including loss of income and future loss of income earning capacity. No-Win No-Fee - sometimes called "no-win, no-charge" and "no-win no-pay," allows legal representation to a level equivalent to that of the insurance company that will be resisting your payout. Essentially No-Win No-Fee terms provide that fees and case expenses are only payable when the claim is finalised and only if it is successful.

  • Our 'No Win No Fee' covers:

  • Court Filing Fees

  • Medical specialist consultation & report fees

  • Medical records collection fees

  • Expert report fees

  • Claim investigation

  • Barristers

  • Document production

  • Police Report Fees

  • Government agency search fees

  • Freight & courier

  • Office charges

CONTACT CTP CLAIMS LAWYERS TODAY

Complete & submit the enquiry sheet and we'll get back to you as soon as possible, or call us Monday through Friday between 8:30 a.m. and 5:00 p.m. - we'd be happy to chat with you.

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