What you need to know: Motor Vehicle Accidents
It’s important to know what to do in any emergency situation (particularly one with legal implications) but too often, it’s difficult to understand what your rights & obligations actually are. We’ve tried to simplify this and put it in layman’s terms for you in our “What you need to know” series which kicks off with Motor Vehicle Accidents. If you’ve been involved in a car accident, there are a few things you need to do at the scene of the accident whether the accident was your fault or not: Once you leave the scene of the accident, there are a few more things you’ll have to do: Some useful phone numbers: We hope this has helped clarify things for you when it comes to motor vehicle accidents. If you have more questions about motor accidents, we have explored 6 FAQs on our blog. Of course, this is a fairly complicated area of law and we recommend seeking professional advice when attempting to make claims. Sinnamon Lawyers specialise in motor vehicle accidents and are ready to help you.
What to do if you or a loved one has been in a motor vehicle 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
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.
State by State: What You Can Claim in a Motor Accident Compensation Case
Claiming compensation after a motor accident isn’t a simple process. Slight differences between the states of Australia make it even more complicated; just because you can claim something in one state doesn’t mean you can make the same claim in another. Here we break down some of the key differences between the states. What You Can Claim in New South Wales It’s worth noting that you’ll have rehabilitation and care provided to you (even if you were at fault) if you are ‘catastrophically’ injured. This is thanks to the NSW Lifetime Care and Support scheme. What You Can Claim in Queensland Apart from Western Australia, Queensland is the only state where being even partly at fault bars you from making a claim. What You Can Claim in Victoria Victoria’s compensation policies are the most forgiving for people who were at fault. As long as your vehicle is registered in Victoria, you can make a claim for any motor accident involving road vehicles (including public transport). If you lose a companion in a motor accident in Victoria, you can also claim funeral expenses and dependency benefits, if applicable. What You Can Claim in Western Australia If you weren’t at fault, you may also be able to add economic loss to your compensation claim at the end of the case. What You Can Claim in South Australia South Australia has the most complicated motor accident compensation policies of all the states, including a relatively narrow 6-month reporting timeframe. What You Can Claim in Tasmania Tasmania’s policies are similar to Victoria’s, though the compensation limits vary. What You Can Claim in the Northern Territory When considering making a claim after a motor accident, it’s important to know whether or not you’re actually considered eligible for compensation in your state. If you’d like a professional opinion on whether or not you can pursue a claim, please contact us for an obligation-free consultation.
Queensland Black Spots – Dangerous Destinations On The Queensland Road
According to past AAA (Australian Automobile Association) studies of Australia’s many highways, Queensland is one of three places in Australia that have the most dangerous roads. The medium to high-risk roads in Queensland include: If you have been in a road accident in Queensland and have suffered from any form of personal injury, feel free to contact Sinnamon Lawyers for legal assistance.
Medicare and Private Health Refunds after a Motor Vehicle Accident
If you visit a doctor or specialist for treatment of injuries sustained in a motor vehicle, personal injury or public place accident, Medicare, or your Private Health Insurer may cover all or part of the costs associated with the treatment. However, if you are successful in obtaining a motor vehicle accident compensation settlement, Medicare or your Private Health Insurer will want to recoup any funds they have paid for the treatment of your injuries from the accident. It is important to note that for settlements of less than $5,000.00 there is no refund applicable for Medicare. In the process of a compensation claim, it is necessary to determine what, if any, refund is owing to each party. A Claims History Statement is requested which outlines all visits to doctors, specialists, radiographers etc you have attended since the date of your accident and for which you have used your Medicare card. You will need to identify which visits relate to your accident injuries, and which are unrelated. Sinnamon Lawyers encourages all clients to keep a diary of their visits to doctors and treatment providers from the beginning of the claim. This will ensure that you can easily complete the Claims History Statement when the time comes, and only the relevant services are refunded to Medicare or the Private Health Insurer. Sinnamon Lawyers assists you with this process by requesting the Claims History Statement and sending it to you as required throughout the claim. Once it has been completed, it is submitted to Medicare or the Private Health Insurer and they will issue a Notice of Charge which outlines the refund owing to them. For Medicare, this notice is valid for 6 months from the date of issue. For Private Health Insurers, they request that they are notified when the claim is about to settle so that they can issue an up to date Notice of Charge. If there is no valid Medicare Notice of Charge at the date your claim settles, the Insurer will pay 10% of the total settlement amount to Medicare. Medicare will determine what is owing to them and then refund the balance back to you. If a Claims History Statement is requested from Medicare and it is not returned within the specified timeframe, Medicare will issue a “Deemed” Notice of Charge whereby they consider that all services you have had since the date of your accident are applicable and they will want all charges refunded to them. This deemed notice is then valid for 6 months and accurate notice of charge cannot be obtained until the deemed notice has expired. At the end of your claim, any refunds owing to Medicare are automatically paid by the Insurer prior to settlement funds being paid to Sinnamon Lawyers. For refunds to Private Health Insurers, your solicitor will obtain your authority to pay the refund owing to them from the settlement monies received on your behalf. Understanding what costs may need to be refunded to outside parties when you are successful in a compensation claim can be confusing but we are here to ensure that our clients are fully informed throughout the claim process. If you have any questions regarding your claim, or if you have been involved in an accident and would like to make a claim, please contact our office on 1800 007 277.
Driver Fatigue: Are you too tired to drive?
In Queensland in 2013 there were 6,921 hospitalised casualties as a result of motor vehicle accidents. Of these 6,921 hospitalised casualties, 295 were a result of speeding drivers/riders, 576 a result of drink drivers/riders, and 478 were fatigued related crashes. This means that in 2013 fatigue related crashes accounted for more hospitalisations than speeding drivers/riders. In total almost 7% of hospitalised casualties from motor vehicle accidents were as a result of fatigue related crashes. In 2013 there were 271 fatalities on Queensland roads as a result of motor vehicle accidents, of these, 41 were as a result of fatigue related crashes. This equates to 15% of Queensland’s road fatalities. These statistics show that fatigue related crashes play a significant part in relation to motor vehicle accidents in Queensland. How does fatigue contribute to motor vehicle accidents? Fatigue occurs where a driver/rider is tired and/or drowsy either physically or mentally and their ability to operate their vehicle safely is impaired. It has been shown that the effect of fatigue on the human body is similar to that of the effect of alcohol. The effects of being awake for 17 hours is similar to having a Blood Alcohol Concentration of 0.05. While being awake for 24 hours or more is similar to having a Blood Alcohol Concentration of 0.10, which is equivalent to twice the legal Blood Alcohol Concentration limit. There are a number of reasons that drivers may suffer from fatigue, these include: There are a number of steps you can take in an attempt to combat driver fatigue, these include: Driver fatigue is a prominent issue in motor vehicle accidents in Queensland and it is important that drivers recognise the signs of driver fatigue and take action to combat it. Remember, if you feel too tired to drive then don’t, you’re not only putting your own safety at risk but also the safety of other drivers on the road. *Statistics for this article were obtained from http://www.tmr.qld.gov.au/Safety/Transport-and-road-statistics/Road-safety-statistics.aspx
