Motor vehicle accidents can result in serious injuries and financial hardship. It’s essential to be aware of your compensation rights if you are involved in an accident that was not your fault. The claim process for motor vehicle accidents can be frustrating and confusing.
Accidents on the road have a devastating effect on vehicles, property and the well-being of those involved. If you choose to go ahead with an accident claim, an injury lawyer can help you navigate the case. We’ve taken an in-depth look at the legal processes and expectations involved in making a motor vehicle accident claim.
In Queensland, any person injured in a motor vehicle accident that was due to the fault of a driver is eligible to claim compensation.
Queensland operates on a Compulsory Third Party (CTP) insurance scheme. The scheme provides owners, drivers, and passengers with unlimited liability coverage for personal injury caused by traffic accidents.
This grants passengers a right to seek monetary compensation from the person ‘at fault’ for the personal injury and other related losses. This is true regardless of whether it’s a friend, family, commercial drivers such as a taxi or Uber driver, or any other driver.
“You are in a car at the traffic lights. Without warning, another car strikes your car from behind. You attend your GP and an x-ray of your neck was taken. The report shows no damage but you experience pain around your neck. ”
You may be suffering from a whiplash injury.
Whiplash injury (also called neck strain or soft tissue cervical injury) results from acceleration-deceleration forces on the neck. Such injuries are typical in motor vehicle accidents resulting from rear-end or side impact collisions.
These forces may result in painful injuries to the muscles, ligaments and joints in the neck, and other spinal areas. The most common symptom after a whiplash injury is neck pain or stiffness. This can occur immediately after the injury or even after a few days.
The range of symptoms resulting from whiplash is called Whiplash Associated Disorder (WAD) and severity can vary from no symptoms (including no pain or discomfort and no physical sign of injury) to severe (including pain, fracture and/or dislocation of the neck).
Other symptoms, depending on the severity, may include headaches, pain in the shoulder and arms, dizziness, pins and needles or numbness, irritability and/or weakness in the neck, visual and auditory symptoms, dysphagia, concentration difficulties. It may also cause chronic neck pain.
X-rays may be taken of the neck area; however, they do not reveal injuries to the soft tissues of the neck and obviously cannot measure levels of pain (which is generally subjective in nature). X-rays are usually taken to rule out injuries such as bone fractures or dislocations. In addition, CT scans are reserved for those with bone injury and MRI scans occasionally show severe soft tissue injury.