From Our Desk

The unfortunate reality is that many people injured in a motor vehicle accident are not in a position to afford to pay for medical and allied health treatment and are, quite often, reliant on the public system for such treatment.  

Whilst we are fortunate to have a free public health system in Australia, the reality is that the system cannot ensure an injured person always receives immediate and consistent treatment.

Even if an injured person is fortunate to be in a position to afford comprehensive health insurance,  the reality is that there is almost always an excess and/or a gap fee that must be paid to obtain treatment and which can be an impediment to the person receiving treatment.

In Queensland, the Motor Accident Insurance Act 1994 (“the Act”) governs an injured person’s right to seek damages for personal injuries sustained in a motor vehicle accident.  Favourably, the Act provides that, if a compulsory third party (“CTP”) insurer admits liability for the circumstances giving rise to an accident, it is obliged, subject to some limited exceptions, to ensure that reasonable and appropriate rehabilitative treatment is made available to an injured person.

That statutory obligation which is imposed on the CTP insurers is often the gateway to ensuring an injured person receives immediate, meaningfully and consistent medical and allied health treatment.

For that reason, and given there is often no cost involved in doing so, we invariably recommend a person injured in a motor vehicle accident immediately initiates a claim.

Perhaps of greater importance though, most of the CTP insurers in Queensland are, in our experience, willing to immediately fund reasonable and appropriate rehabilitative treatment before advising whether they admit or deny liability for the circumstances giving rise to an accident.  We consider it is fair to state the insurers recognise the importance of early and consistent treatment and the favourable impact it can have on an injured person’s recovery.  The potential for that immediate funding is the predominant reason why we invariably recommend an injured person immediately initiates a claim.

At Fisher Dore Lawyers, our team of experienced compensation lawyers, led by Steve Herd (Accredited Specialist in Personal injury Law), is dedicated to helping people injured in a motor vehicle accident to not only navigate the claims process, with a view to maximising the damages they may receive, but also to ensure, where possible, that the person receives access to immediate and consistent treatment.

We will advise you on your eligibility to pursue a claim, lodging your claim (including ensuring all deadlines are met), assisting you to try and access immediate and consistent treatment at no cost to you and providing you with specialist and strategic legal advice throughout the claim process. 

Strict time limits do, however, apply to claims for damages for personal injuries resulting from a motor vehicle accident.   Failure to take the necessary steps to protect your rights within those time periods can result in the at-fault driver and the associated CTP insurer having a complete defence your claim.  It is, therefore, imperative that you immediately seek legal advice if you have sustained an injury in a motor vehicle accident and actively take steps to protect your entitlement to claim damages without delay. 

Do not let a motor vehicle accident jeopardise your health and financial well-being. Call Fisher Dore Lawyers today on 1300 557 884 for a free, no-obligation consultation with one of our experienced personal injury solicitors.