Motor Vehicle Accident – Can I Claim Compensation?

Claims for Car Accident

To successfully claim against another person for personal injury or property damage caused by a motor vehicle accident in Queensland, you must be able to show another person was at fault (they caused the accident). You may have been a passenger in an accident (with the at fault driver or the not at fault driver) and you may be entitled to compensation claim. Speaking with an expert team is the best start you can get to understanding the compensation web. Get simple and quick answers now.

Can property damage and personal injury be claimed together?

Property damage – The nature and extent of any property damage caused by a motor vehicle accident is usually readily apparent and can be easily assessed and identified.

Personal injury – On the other hand, the extent and consequences of a person’s injuries may not be obvious for some time after the accident. The injuries sustained may be delayed. This is totally fine and normal. You still have a possibility to claim compensation.

Consideration of these issues can be very complicated and should be referred to Castle Compensation Partner who specialise in these types of claims.

Deciding who was at fault

Deciding whether a driver was at fault (i.e. negligent) can be difficult.

Clearly, a driver who is drunk while in charge of a vehicle is driving negligently if, due to drunkenness, they collide with another vehicle. A vehicle driven at a speed above the speed limit is probably being driven negligently. Failing to stop at a red light or at a stop sign is also, in most circumstances, negligent unless the situation is one of emergency.

In many cases, it is impossible to say that only one party in an accident was at fault. In such a case the court has power to apportion the damages between the parties according to the degree of each party’s responsibility for the motor vehicle accident. Where one party shares responsibility for an accident, that party is said to have been contributorily negligent.

Contributory negligence often occurs in intersection accidents. For example, a driver who fails to give way may be found 90% responsible for an accident, while the driver of the vehicle on the right (who has right of way) may be held 10% responsible. This is because any driver is expected to keep a proper lookout, even when they have right of way.

The possibility of apportionment of responsibility for an accident must always be carefully considered when deciding what action to take.

Legal costs – No Win, No Fee

We want you to have peace of mind. We know you’re going through enough due to the motor vehicle accident you have been involved with. You may have had to take time off work or after the accident it is affecting your quality of life. This is not OK!

Castle Compensation Partners work with a panel of accident lawyers who provide NO WIN, NO FEE guarantee. Our expert staff will conduct an initial assessment and you will be talking with a lawyer within 2 hours of your chat with a Castle team member.

Preliminary steps

If you did not obtain the other party’s name and address at the scene of the accident, don’t panic, they can conduct a search of the vehicle’s registration number at the Department of Transport and Main Roads. Alternatively, an extract of the police report can be requested if police attended the accident or it was later reported to police.

Calling Castle Compensation Partners is the first step and based on the info given to the Castle team member, you will have a clearer direction of what items need to be done.

You’re not on your own and that is important.


Castle Compensation Partners has been helping Queensland employees receive their workplace injury entitlements for over 40 years. We know how much financial and emotional stress a slip and fall accident at work can cause you and your family, and we are fully committed to help you mitigate that stress. Talk to our panel of motor accident accident lawyers to equip you with the correct information during difficult situation and motor vehicle accident claim compensation for any losses you have sustained.

We offer a No Win, No Fee legal service, which means you will be charged with legal fees only if your case is successful. Castle Compensation Partners guarantees you that you will not be alone in this journey. Your interests and your protection are our top priority, and we will ensure to provide you the right information and the right course of action to build your case. We can also help you with your WorkCover claims, and emotional- and psychological-based injury at work.

Let us help you with your worker compensation problem. Contact us today to get a free, no-obligation assessment. 

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