Passenger Accident Claims

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    Millner and Knight have a national panel of lawyers who can help you make your passenger accident claim on a no-win, no-charge basis.

    Being involved in a road accident can be a traumatic process that takes many months – or years – to recover from. It’s especially harrowing when the accident happened through no fault of your own.

    Because the law changes from State to State, what applies to injured passengers in one state may not apply to them in another.

    For this reason, if your accident took place in one of the places, please follow the relevant link to read accurate information.

    Common injuries passengers sustained in motor accidents?

    We’ve helped both drivers and passengers recover compensation after a road traffic accident for injuries including:

    We provide legal advice and help you understand your rights and responsibilities as part of the claim process. Our advice is free, unbiased, and there’s no obligation to proceed.

    Public Transport Accidents

    Have you been injured whilst using public transport? Drivers have an obligation to drive responsibly, and a duty of care to transport you safely. If you have been injured during a public transport journey, you may be eligible for compensation.

    Common causes of injury include:

    • The bus, taxi, train or Uber you were using as a passenger collided with another vehicle.
    • The bus driver drove off while you were exiting the vehicle, causing you to fall and injure yourself
    • Careless driving caused you to bang your head on the seat in front of you, fall off your seat and or fall over on a bus

    If you’re still uncertain about claiming or have any questions about the claims process, you can contact us on 1800 106 107 for free, confidential legal advice with no obligation to make a claim.

    Who was at fault for the accident?

    In some cases, you may have been involved in a car accident and it is unclear who or what was at fault. Was it your driver or someone else? Even after the accident, events may have transpired so quickly it’s difficult to determine just what happened in clear, unambiguous terms.

    For example, as a victim of a car accident (whether it be yours, or someone else’s), you may be entitled to compensation. Claims may involve recompense of material (monetary) losses. These losses may include immediate losses due to damage, written off vehicles and medical bills. You may be eligible to receive replacement gear, hospital treatment and other compensation. They may also consider future losses, such as loss of income from being unable to work or conduct business.

    If you are unsure who is at fault for causing the accidents, our team of personal injury claim solicitors can make this determination using their decades’ worth of expertise and knowledge. Call 1800 106 107 for a no-obligation conversation about your situation and to see if you have grounds for a claim.

    Claiming for accidents caused by adverse road conditions

    In some cases, adverse road conditions may create the scenario for a car accident that is beyond the driver’s reasonable control.

    These may be infrastructure failure (dim or non-functioning street lights), cracks or slippage in the road, uncleaned spills, etc.

    In this case, you may have grounds for a claim against your local shire or council, or against your State or Territory Road Traffic Authority (VicRoads, Queensland Department of Transport and Main Roads, etc.)

    Our solicitors are well versed in processing and launching claims against local councils or Road Traffic Authorities in the event of adverse road conditions. To find out if you are eligible to make a claim, call 1800 106 107 or click here.

    Motor vehicle accident time frame and eligibility

    Any person or persons involved in a road traffic accident, whether they were driving, a passenger, a pedestrian, operator of a non-standard vehicle (car, truck, etc.) will generally have 28 days to launch an Accident Notification Claim, while Personal Injury and Fatal Motor Vehicle Accident claims have a statute of limitations within six months of the incident. In some cases, the court may grant an extension due to extenuating circumstances, such as grievous injuries or incapacitation.

    The latter is for people whose injuries and recovery costs total or exceed $5,000, and is the result of another party’s negligence.

    The compensation is meted out by the negligent party’s insurance or the relevant CTP insurance commission. If you were involved in a hit and run or in an accident with an uninsured driver, the relevant CTP insurance commission will provide compensation provided your claim is successful.

    Only a licenced legal practitioner can make this determination. To find out if you are likely to have grounds for a road accident compensation claim, call one of our injury specialists on 1800 106 107.

    The team at Millner and Knight work hard to process your claim and achieve a successful outcome.

    Assessment and lodgement

    Once you have contacted us, we will perform an assessment based on strict eligibility criteria. If we deem your claim to be valid for a ‘no win, no charge’ case, our legal professionals will launch the necessary legal proceedings, including contacting your respondent(s). We will also inform you if you do not qualify for our guarantee and advise you of your options.

    If you are making a claim on behalf of someone else, this also applies. We will advise what you need to do and assist you in this difficult time.

    Your solicitor will keep you apprised of the progress of your claim as it progresses. If you require clarification on any points of the claim, you can contact your solicitor at any time.

    Your solicitor is an expert in dealing with road traffic accident claims and with your State or Territory’s Compulsory Third Party insurer (TAC, RTA, etc.)

    We will also keep you apprised of any and all fees and charges well ahead of time, so there are no hidden surprises.

    Facts about road trauma and fatal car crashes

    According to the Australian Government Department of Infrastructure and Regional Development, the number of road fatalities per 100,000 people was 5.37 in 2016. The annual amount of injuries requiring hospitalisation was 152.6 per 100,000 people. The hospitalised injury rate was 27 times the population-based rate for fatalities. This has increased to nearly double since 2002 (16 times the fatality rate.)

    Despite many Federal and State government initiatives designed to decrease the instances of road traffic accidents, these accidents, however unfortunate, can occur. According to OnePath Life Research “optimistic Australians” survey (December 2008), 89% of respondents didn’t think they’d ever experience a life-changing accident that would prevent them working in the next 20 years.

    Despite the optimistic outlook, an accident can occur when you least expect it.

    Serious Passenger Accidents

    Passenger injuries can be incredibly severe. You may be unaware if your injury is serious.

    If you’re unsure whether you suffered a serious injury the list below will help you identify what is classed as serious:

    • You’ve had repeated, lengthy or ongoing medical treatment or surgery
    • You will need some medical treatment for your injuries for the rest of your life
    • You had to take long periods of time off work, are not able to return to work or you’re unable to go back to work in the same capacity because of your injury
    • You need care and support just to complete your daily tasks

    Although compensation will not remove the physical pain of an accident, it may help immensely with financial support during recovery.

    How much compensation am I entitled to?

    Every passenger accident is different and has nuances that will affect the disbursement of compensation to the injured party. The level of compensation awarded will vary on a case by case basis. Even so, compensation is determined by three major factors:

    • The severity of their injuries
    • Financial losses they have incurred, and are liable to incur due to incapacitation
    • Their level of culpability in causing the accident

    One or a combination of these facets of a road traffic accident can influence your level of compensation.

    To find out more about how much you may be entitled to claim, give Millner and Knight a call on 1800 106 107 to discuss your situation in detail.

    Alternatively, use our free motor vehicle compensation calculator (MVCC) here.

    How we help with passenger accident claims

    We assist hundreds of Australians injured in a passenger accident if it was not their fault. Our panel of specialist No Win, No Payment road traffic accident solicitors are trusted experts in road traffic claims and dealing with CTP insurers so they can handle your claim in a compassionate and efficient manner.

    But what if the driver didn’t have insurance?

    You shouldn’t be left accountable if the driver doesn’t have insurance. All drivers are legally required to have third party insurance, but some reckless drivers don’t. You can still make a claim, and an insurance commission will pay your compensation if you are successful.

    What if they’re a friend, family member or someone I don’t want to have to pay?

    We understand that making a claim against someone close seems to be a difficult choice. They won’t pay your compensation out of pocket though; an insurance company or local insurance commission will pay for it. However, if they were over the legal alcohol limit (0.05 BAC), you may receive less if you were aware they’d been drinking. If you were unaware, your claim and compensation will be unaffected.

    If you’re still uncertain about claiming or have any questions about the claims process, you can contact us on 1800 106 107 for free, confidential legal advice with no obligation to make a claim.

    To begin an assessment, call 1800 106 107 or click here. There’s no obligation to proceed.