What if I’m Injured and Can’t Afford Treatment?
A common enquiry of our firm is how clients can obtain funded Physiotherapy or other treatment, or have their out of pocket expenses for the same treatments reimbursed by the insurer. Under Queensland Compulsory Third Party (CTP) Insurance you may be eligible for upfront funding for rehabilitation and treatment such as Physiotherapy, chiropractic care, medical consultations and medication. Often times after an accident your Doctor will recommend treatment such as Physiotherapy. It is important to start your treatment as soon as possible after the accident in order to improve your quality of life and mitigate any loss caused by the accident. Before considering upfront funding or reimbursement of out of pocket expenses the CTP Insurer will need to review the CTP Medical Certificate and a referral for rehabilitation such as Physiotherapy. This can take some time. Options available to claimants are as follows: While waiting for the Insurer to consider upfront funding you may elect to commence treatment and pay for the expenses out of your own pocket, these can later be considered for reimbursement by the Insurer. We recommend that accurate records are kept and that copies of receipts are provided to your Solicitor or the Insurer. Please note that other expenses such as pharmaceutical expenses may also be reimbursed by the insurer so it is important to keep accurate records of any out of pocket expenses that you incur. You may be eligible for an Enhanced Care Plan through Medicare. This involves your General Practitioner creating a treatment plan for you where you can undertake 5 sessions of Physiotherapy, (or other prescribed services such as Chiropractic and Psychologist services) which will be paid for by Medicare, it is worth noting however that any services provided by Medicare may be subject to refunds at the conclusion of your claim. This method involves the Insurer reviewing the available medical information, inclusive of referrals and sending a Treatment Plan to the Physiotherapist or other medical professional. Once the treatment provider completes and returns the plan to the CTP Insurer they will make their decision on funding. If the insurer approves the treatment, they will pay the treatment provider directly for the number of sessions previously approved by them. This can take some time unfortunately. If you have had a Motor Vehicle Accident and would like to discuss the above issues please contact our office on 1800 007 277 and our friendly staff would be happy to discuss your options with you in respect to negotiating with the Insurer to obtain funding or reimbursement.
Welcome to our blog!
Welcome to the Sinnamon Lawyers Blog where we hope to share some useful hints and tips and information about keeping you and your family safe as well as sharing some great community news and events . Robert Sinnamon (Principal) established Sinnamon Lawyers in 1995 when he and father Tony Sinnamon (AG Sinnamon Lawyers est 1980) started practicing together. Robert’s prior experience in the Brisbane City Litigation Department of an International Law firm and in a Melbourne firm has led him to specialise in the area of Motor Vehicle Accidents and compensation recovery. With offices in Brisbane CBD, Upper Mt Gravatt, Browns Plains, Gold Coast, Sunshine Coast, Gladstone and Rockhampton, Sinnamon Lawyers are well located. We will even come to you if you are struggling with mobility and can’t get to one of our offices. The firm specialises in the area of motor vehicle accidents and property damage, as the legal environment in which we operate is complex and ever-changing. Since we began our practice there have been many changes to the laws relating to motor vehicle accident and property damages claims, but our No Win No Fee policy and commitment to the funding of our clients’ outlays has remained unchanged throughout that time. There is more information about the range of services we specialise in HERE. For obligation free advice, please don’t hesitate to call us on 1800 007 277 or through our website.
We have moved offices!
Sinnamon Lawyers is pleased to have finally moved into new offices at Mt Gravatt and Browns Plains. Stay tuned for some new pics of the offices and you might just see our zippy little vehicle (safely) driving around the neighbourhood! Don’t forget to say hi! We’re announcing the David Jones voucher winner this week as well – so get all your friends, family and fans to like our page for a chance to win! Don’t forget to check out the Mt Gravatt Markets on every Sunday at the Mt Gravatt Showgrounds. Enter via Broadwater Road and you never know, you may find some great bargains, fresh fruit and vegetables and maybe even a hidden treasure… Of course, if you need any help or advice on the law in relation to motor vehicle accidents – we’re only a phone call away. Contact Sinnamon Lawyers on 1800 007 277 to arrange an obligation free appointment or seek our expert advice about your legal position following an accident.
Towing and storage after a Motor Vehicle Accident
If your vehicle requires towing after a motor vehicle accident, it’s important to understand your rights and obligations to ensure you’re not left in a position where you owe a tow operator hundreds or even thousands of dollars. Towing fees can add up quickly, and you may not be able to retrieve your vehicle until payment is made. In Queensland, the Tow Truck Regulation Scheme covers most of the state. Under this scheme, tow truck operators are governed by the Tow Truck Act and Tow Truck Regulation. All tow truck vehicles, operators and any assistants must be licensed. The scheme does not regulate vehicle breakdown towing, trade towing or towing from private property, but it does cover operators who undertake towing after an accident. A licensed tow truck must have markings on both sides that display the: If the tow truck vehicle does not display these markings, it may be in breach of the Tow Truck Regulation Scheme. Contact us today and learn more about towing and storage after a motor vehicle accident Make an Enquiry Call Us Where has my car been towed? If your vehicle cannot be driven away after an accident and needs to towed, you or an authorised officer (i.e. a police officer) must give permission your vehicle to be towed by the operator. The vehicle must be towed to the operator’s nearest holding yard by the most direct route, or to the police station if requested by the police. An operator cannot charge you or your agent (i.e. an insurance/loss assessor) to inspect your vehicle during business hours. By law, the tow truck operator must keep the personal property in your vehicle in safe custody. However, we recommend that any valuables or other personal possessions be removed from your vehicle before it’s towed from the incident scene if it’s practicable for you to do so. How much does towing after an accident cost? The owner of the vehicle will be liable for the payment of towing charges even in an instance where the vehicle was towed under the authority of another person, like a police officer. Towing chargers are capped in Queensland – the maximum regulated amount that can be charged for a tow is currently $304.10 for the first 50km and $6.05 for every kilometre thereafter. This amount includes up to 60 minutes working time at the scene of the accident (preparing the vehicle for towing and cleaning up the scene), and up to 72 hours storage of the vehicle at a holding yard. If you have not collected the vehicle after 72 hours, hefty storage fees will likely apply. These storage fees typically range from $44 to $60 per day. Any delay in collecting your vehicle or arranging your insurance claim will only add to your towing fees. We recommend you contact the tow yard as soon as possible after the accident. If you are unable to contact the tow yard yourself (due to injuries sustained in the accident or another circumstance), someone acting on your behalf can contact them about removing your car. Have move questions on towing and storage after a motor vehicle accident? Make an Enquiry Call Us Who covers the towing charges? Depending on the circumstances of the accident and the type of insurance your vehicle is covered by, your insurer may cover the towing fees. If you don’t hold comprehensive insurance, any towing charges you’ve incurred may not be covered, and you’ll most likely need to arrange for repair or salvage of the vehicle yourself. It’s crucial to have your vehicle independently assessed as soon as possible to minimise towing fees. To help you with pursuing the other driver for damages, we can provide motorists in Queensland or New South Wales with information regarding towing after an accident. You will find these documents on our Resources page, along with some helpful links to the necessary forms. If you require assistance pursuing another driver or their insurer for compensation, Sinnamon Lawyers can help. We are expert car accident lawyers who can help you recover damages owed to you from the at-fault driver. Contact us now for an obligation-free assessment for your motor vehicle claim
Top tips for avoiding traffic
Is the traffic getting worse or is it just us? It seems as though the traffic in Brisbane has come to a standstill and it affecting the way live, work (and shop)! A recent study found that Brisbane commuters have the longest travel times in the nation. The Victorian study found some commutes double during peak times – the trip from Eight Mile Plains to the CBD doubles from 14 minutes off-peak to 28 minutes in rush hour. So what can be done about this we hear you ask? Here are some of our top tips for avoiding traffic. Make sure to keep an eye out for speed cameras as well!
To Filter or Not Filter: Lane Filtering and Other Rules Relating to Motorcyclists
In 2013 there were 6,921 hospitalised casualties as a result of motor vehicle accidents in Queensland. Of these 6,921 hospitalised casualties, 930 were as a result of accidents involving motorcycles.That is approximately 13% of all accidents that cause hospitalised casualties. In Queensland as at 30 June 2014, motorcycles made up approximately 4% of all registered vehicles in Queensland, yet were involved in 13% of all accidents that resulted in hospitalised casualties. At the beginning of February 2015 the Queensland government introduced new laws relating to motorcycle riders in Queensland. These new laws provide some clarity in relation to the behaviour of motorcycle riders that often blurred the lines of whether it was within the law or not. The main focus of the changes appears to relate to lane filtering (where motorcycle riders drive between two vehicles in a line of traffic). Prior to the introduction of the new laws, motorcyclists who were lane filtering or splitting, were potentially breaking the road rules for failing to stay within a marked lane or not indicating while changing lanes. The new lane filtering rules allow motorcycle riders who have their open motorcycle licence to travel between the cars in lanes of traffic provided both lanes are travelling in the same direction as the motorcyclist and that the speed of the traffic and the motorcyclist does not exceed 30km/hr. These allowances do not apply to those motorcycle riders who hold a provisional or learner motorcycle licence. It is important to note that lane filtering/splitting is not allowed where the speed will exceed 30km/hr. Failure to adhere to this rule may result in a fine of $341 and the loss of 3 demerit points. Motorcyclists who hold an open motorcycle licence are also able to travel on the road shoulder or the emergency stopping lane of a road where the speed limit is 90km/hr or more, providing they are overtaking stationary or slow moving traffic and they do not exceed a speed of 30km/hr. There has previously been social media attention revolving around the rules associated with keeping control of a motorcycle, in particular the requirement that a motorcyclist have both feet and hands on the motorcycle at all times. These rules have now been removed, allowing motorcycle riders the ability to remove their feet to reverse their motorcycles and stretch their legs to prevent fatigue while riding without fear of breaking the road rules. The new rules relating to motorcycle riders can be found on the Department of Transport and Main Roads website at www.tmr.qld.gov.au. As the number of vehicles on the road at any one time is increasing every year, it is important that all road users take an interest in road safety. The new motorcycle laws not only impact on motorcycle riders but also on other road users. Drivers of motor vehicles need to make sure that they are paying attention at all times, even more so when changing lanes and merging now that lane filtering is allowed for motorcycle riders in certain circumstances. It only takes a split second for an accident to occur due to inattention, and it is the obligation of all road users to look out for one another and take care on our roads. If you or someone you know has been injured in a motor vehicle accident, contact us so that we can discuss your options with you.
The Most Common Causes of Car Accidents
Car crashes are often more than just an inconvenience. They can put you off the road for weeks, or even months, while your vehicle gets repaired or you recover from injuries. Accidents are usually costly, and even insurance excesses can drain your savings. While you cannot always avoid a collision, there are certain behaviours or actions that make an accident more likely. The top causes of car crashes in Australia are: Below, we explore each factor in more depth. Does tailgating cause accidents? Many collisions, particularly nose-to-tail, are caused by tailgating. So what is tailgating? It is simply when a vehicle is too close to the vehicle in front. This causes crashes because: To avoid accidents caused by following too closely, make sure to leave a generous amount of space between your vehicle and the one in front of you. Many people recommend abiding by the “3-second” rule, where your car should be 3 seconds behind while in motion to allow enough space to stop or slow down without warning. Why you shouldn’t drink and drive Unfortunately, alcohol is still a factor in many crashes, and studies have it listed as a common contributor to fatal collisions. It is well-known that it is against the law to drive while under the influence of alcohol, and to be caught doing so carries heavy penalties. Current laws in Queensland state that drivers on their provisional licences must have a blood alcohol concentration (BAC) of 0.00 when operating a car, while open licence holders must have a concentration below 0.05 to drive their car. However, drivers operating a truck, bus, articulated vehicle, taxi or limo, tow truck, or a specially constructed vehicle like a tractor must have a BAC of 0.00. Alcohol has a range of negative effects on people, many of which contribute to making them unable to drive a vehicle in a safe way. These effects can include: All of these can have a significant impact on your ability to make snap decisions and avoid hazards on the road. Speeding is a common factor in serious crashes Despite many government attempts to curb this dangerous behaviour, speeding is still a problem all around the country. Contributing to around 40% of road fatalities, speeding increases the risk of losing control of your vehicle as well as making it more difficult to avoid a hazard. Going 100km/hr, an average car can take more than 40 metres to come to a halt – and that’s assuming you recognise the danger promptly and reactimmediately. Speed limits are in place for a reason: they reflect the likelihood and nature of potential hazards. The couple of minutes you may save speeding are not worth the risk to yourself and to others. Driving distracted is dangerous You can only react to a change in the road conditions once you have seen and processed them. Distractions like mobile phones, helping children in the back seat, or looking at your passenger are all risky when it comes to driving. When things can change in a matter of moments, losing precious reaction time because your eyes were on a screen or looking for a snack can be critical. Distracted driving isn’t just dangerous at high speeds, either. It is just as easy to be caught out in congested traffic. No one needs to start or end their work day with a call to their insurance provider or legal team! Put the phone down, pull over to help your children, and tell your passenger you need to concentrate. Be aware of driving while fatigued The Stop, Revive, Survive campaign was introduced for a reason – fatigue is serious when you are behind the wheel. Studies have shown that moderate sleep deprivation can impair your driving ability more than being drunk, which entails: If possible, avoid driving when your body or mind is tired or fatigued. When you drive long distances, plan out stops before you travel, and let your eyes and mind rest and recover as often as you can. Car accidents can be traumatic, disruptive and costly. While avoiding crashes completely cannot be guaranteed, by understanding the common causes and how to minimise the risk they present, you can take positive action to stay safe on the road. If you’ve been in a car accident and are wondering what to do next, check out our blog, where we have articles discussing many different aspects of crashes like towing and storage. If you have any questions about compensation for injuries or damage done to your vehicle, don’t hesitate to get in touch with our friendly team of legal experts.
The Importance of Rehabilitation after Suffering an Injury
Recovering from a personal injury is more complicated than you might realise. Certain types of personal injuries can be difficult to treat, requiring months of rest and rehabilitation. Failing to take the recovery process seriously can have dire consequences on your physical and mental health. If you’re trying to get back on your feet after sustaining a personal injury, it’s essential to understand the importance of rehabilitation. Getting Diagnosed Revealing the extent of your injuries is a key aspect of recovery. If you’re taking a long time to heal, or if you’re still experiencing chronic pain after undergoing treatment, this could mean you weren’t diagnosed properly in the first place. Identifying the right type of rehabilitation for your injuries can be difficult and dangerous without a correct diagnosis. You could even make your symptoms worse by doing unsuitable exercises. To avoid being misdiagnosed, always see a doctor after sustaining a personal injury (don’t just google your symptoms and diagnose yourself). If you start having doubts as to the suitability of your treatment, there’s no harm in asking for a second opinion. And even if you start feeling better, always attend any follow-up appointments. Rest and Recovery The disruptive impact of a personal injury can make you feel as though your life has been put on hold. Not being able to perform basic tasks is frustrating, but your body needs time to rehabilitate. If your doctor has advised you to take it easy, don’t be tempted to ignore their advice. Returning to work or other routine activities before you’re fully recovered can prolong the healing process. If you’re worried about losing your main source of income while you recover, seeking compensation for your injuries can protect your financial security. Depending on the circumstances of your case, you may be able to claim for past and future lost earnings. Preventing Further Injuries Rehabilitation doesn’t just treat injuries – it can also be used to prevent them. Neglecting to rehabilitate a physical ailment properly can make you more vulnerable to sustaining injuries in the future. In addition to speeding up the healing processes, rehabilitation exercises can also strengthen your muscles and improve flexibility. Reinjuring yourself can set you back both in terms of your physical health and your mental state. Committing yourself to rehabilitation means you won’t have to work on healing your injury a second time. If you need financial support while recovering from your injuries, Sinnamon Lawyers can offer expert advice on claiming compensation. The cost of rehabilitation can be prohibitive in some cases, but there are steps you can take to avoid being left out of pocket. If your injury was caused by circumstances beyond your control, you may be able to claim damages. Contact us to speak with a personal injury lawyer about lodging a claim.
Teach your kids the skill of dialing 000 for emergency situations
When kids reach the age when they’re accepted in preschools, one of the first things that teachers teach them is their name, address and phone number. This kind of information is vital for the kids to know so that in cases when they get lost or stray away from their parents at the mall, people who find them know who to notify and thus, be able to reunite the children with their parents. Another skill that you, as parents, need to teach your kids is the value of dialing 000 for emergency situations. To start with, it’s very easy to remember the emergency number, “000”, so kids who are young, say 5 years old, will still be able to recognize it and remember it. The important thing to instill in them is how to stay calm while the operator attempts to gets the information needed to determine the situation. Usually, when calling from a landline, the operators will automatically know where the call is originating from so it only needs personal information to verify the caller. However, in cases when you’re calling from a mobile phone, it helps that the child has the presence of mind to know where he is, for him to stay calm and to be able to describe exactly what kind of emergency situation the emergency services team will be handling. There have been cases of kids dialing 000 and saving their parents and relatives. 5-year old Bailey Fuller was able to phone 000 when his mother collapsed in their home. He climbed a chair to reach the phone, dialed 000, stayed calm while the dispatcher was talking to him and asking what happened. He received a North Coast Region’s 2011 Young Hero of the Year Award for saving his mom. Another boy, 10-year old Kye Tanner from Caboolture, saved his aunt Rebecca Hodgkinson by calling 000 too. He was able to describe the manner in which his aunt fainted and thus led the dispatcher to discern that his aunt had an epileptic seizure. He was given an Assistant Commissioner’s Bravery and Commendation Award.
Staying Safe at Work: Hazardous Jobs Made Less Risky
Almost all occupations involve some risk but there are those that are just far more dangerous than others. The most hazardous jobs include working in a construction site, being a logger, miner or firefighter and those are just to mention a few. The truth can not be concealed that these jobs really are dangerous and yet, if it is your calling, then all you can do is gear yourself up with the right techniques and insurances on how to stay safe at work. This blog will focus on techniques and we will do another one on insurance and contracts soon. We hope you found these tips useful. Until next week!
