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You are entitled to compensation, through the at-fault driver’s Compulsory Third Party (CTP) insurance, if you meet the following criteria:

  • You were either the not-at-fault driver, passenger of a vehicle involved in the accident or a bystander;
  • You were injured;
  • The accident occurred in Queensland;
  • You successfully lodged your compliant claim form before the statutory time limit expired. (Please see information below relating to statutory time limits.)

What if the at-fault driver was either uninsured or their vehicle was unregistered?

Depending upon the circumstances, you will still be able to make a claim against the Nominal Defendant. Please note that shorter statutory time limits apply to claims against the Nominal Defendant. (Please see information below on statutory time limits.)

What if I was the at-fault driver who caused the accident?

In most circumstances you would not be entitled to make a claim for compensation through a CTP insurer. If, however, your CTP insurance policy does include an “At Fault Driver Injury Insurance Policy”, you will have recourse to some compensation in the event that you were injured as a result of your own negligence. Always check the Product Disclosure Statement (PDS) of your CTP policy or contact your CTP insurer to identify if you do have this additional policy or a similar policy.

Consider if you have access to an income protection policy.

If you do not have any access to an insurance policy, you will have to rely upon Medicare and/ or Centrelink benefits.

In the event that you have been seriously injured as a result of your negligence, contact the National Injury Insurance Scheme (Queensland) for further information. Examples of serious injury include permanent spinal cord injury, severe burns, multiple amputations etc. Please select this link to access the National Injury Insurance Scheme (Queensland) homepage for further information: https://niis.qld.gov.au/

How to lodge a personal injury compensation claim, resulting from a motor vehicle accident.

Please note that the required forms must be completed and lodged according to strict statutory timelines. Contact us now on 1300 720 544 to organize a free, initial consultation so that your entitlement to lodge a claim is protected.

  1. Make a record of the registration number and, if you can, the name of the at-fault driver’s CTP insurer.
      • If you did not obtain the name of the at-fault driver’s CTP insurer, you will need to contact the Motor Accident Insurance Commission (MAIC) as soon as possible. The MAIC will provide you with assistance in identifying the at-fault driver’s CTP insurer so that you may begin the compensation process.
      • If you are unable to obtain the registration number of the vehicle, for example, the at-fault driver drove away from the accident scene before you were able to exchange details, you may have to make a claim against the Nominal Defendant as soon as possible.
      • If a compliant Notice of Claim to the Nominal Defendant is not lodged with the Nominal Defendant according to these strict deadlines, you will lose any right you may have in relation to claiming compensation for your injury.

    *Please see information below on statutory time limits.

  2. You are required by law to report the motor vehicle accident to Queensland police. Ensure that you complete a Report of Traffic Incident to Police Form and obtain the Police accident report reference number so that you can proceed with your claim.
  3. Seek medical assessment by a doctor as soon as possible. We suggest that when making your appointment, alert the receptionist to the fact that you have been involved in a motor vehicle accident and intend to make a claim. Page 7 of the Notice of Accident Claim Form should be filled out by the doctor at your appointment. We also suggest that you have documented all of your symptoms experienced immediately after the accident and up until the time of your appointment.
  4. Determine that you are entitled to make a claim against the CTP insurer or Nominal Defendant. We recommend that you contact us now on 1300 720 544 or fill out a contact form so that you may take advantage of our free, initial consultation and be informed as to whether you may have a claim or not.
  5. Fill out the remaining details of the Notice of Accident Claim Form. If you have elected for East Coast Injury Lawyers to represent you, we will do this for you. East Coast Injury Lawyers will identify any required documents, reports, receipts or accounts that should be attached to this Notice of Accident Claim Form.
  6. Make a copy of the Notice of Accident Claim Form and all of the attachments to keep for future reference
  7. For the claim to be successfully submitted, the completed and compliant, original Notice of Accident Claim Form and all attachments must be sent to the appropriate address of the at-fault driver’s CTP insurer or Nominal Defendant. If you have elected for East Coast Injury Lawyers to represent you, we will attend to these tasks on your behalf.
  8. You should receive, within 14 days, a lodgement confirmation from the insurer.
    The insurer should advise you as to whether your claim was successfully lodged or not. This does not mean that the insurer accepts liability. Rather, the insurer is advising as to whether your Notice of Claim has been lodged within the appropriate time period.
    If you do not receive any confirmation at the expiration of the 14 day period, contact the insurer as soon as possible as you may run out of time with respect to being able to submit your compliant claim form. (Please read information below on statutory time limits.)
  9. Within six (6) months of confirming lodgement of your compliant claim, the insurer must advise you as to whether the insurer accepts or denies liability.
  10. Once the insurer accepts liability:
  11. In the event that your injuries resolve, the insurer will be notified and your treatment and or rehabilitation will be ceased.
  12. In the event that your injury is categorized as either resolved or stablised, the negotiation process for compensation can commence. The insurer will make an offer that may adequately consider any of your pain and suffering, past economic loss, future economic loss, past medical and pharmaceutical expenses, future medical and pharmaceutical expenses, any past or future loss to your superannuation and, sometimes, any paid or voluntary care and assistance received.
    There may be numerous offers and counter-offers made. A mandatory conference is required in order to assist in the settlement of your claim.
  13. Most claims for personal injury will be settled either before or after the mandatory conference.
  14. If the claim cannot be settled either before or after the mandatory conference you will make the informed decision as to the merits of proceeding to trial.

Statutory Time Limits

To successfully lodge your claim form you must lodge the claim according to strict statutory timelines.

If you claim is against the CTP Insurer You must lodge a compliant Notice of Claim with the CTP insurer within the period ending on the earlier date:

  • within nine (9) months after the motor vehicle accident or, in the event that the symptoms of the injury are not immediately apparent, 9 months after the first appearance of symptoms of the injury; OR
  • 1 (one) month after you first consult a lawyer about the possibility of making a claim.

If your claim is against the Nominal Defendant You must lodge a compliant Notice of Claim to the Nominal Defendant within the period ending on the earlier date:

  • within three (3) months of the motor vehicle accident; OR
  • 1 (one) month after you first consult a lawyer about the possibility of making a claim.

Free Instant Case Review

    • No Win, No Fee
    • No upfront payments
    • Free initial consultation
    • Home visits
    • Hospital visits
    • Videoconference meetings (via Zoom or Microsoft Teams) where preferred
    • After hours visits
    • 30% cap on legal fees
    • No uplift fees charged
    • No litigation lenders or interest charges on outlays / disbursements
    • Complete confidentiality
    • Immediate assessment of your claim

    *Strict time limits apply when making a claim. Do not delay.

    Managing Director

    Sean Delpopolo

    Sean Delpopolo

    Sean is a Queensland Law Society Accredited Specialist in Personal Injury Law.*

    Sean specialises in work injury claims, workplace injury claims, motor vehicle accident injury claims, motorcycle accident injury claims, other road accident injury claims, brain and head injury claims, spinal injury claims, public liability injury claims, death and fatal injury claims, psychiatric and psychological injury claims and total and permanent disability claims.

    He has been running personal injury claims in Queensland for over 25 years. Sean founded our firm in 2004 and the firm has grown and gone from strength to strength on the background of outstanding service, incredible results and charging really fair fees.

    With an innate sense of fairness and justice, this motivates Sean and his team to do everything they can to ensure that the results they achieve for their clients are something that they can all be proud of. In Sean’s mind, the interests of the firm’s clients come first, before anything else, and this value has flowed on through to the entire team.

    As a father of two daughters, Sean understands that his clients’ personal injury claims can make a huge difference to their lives and the lives of those around them. This is why he has made it his life’s work to fight for the “little guy” to obtain the compensation they deserve.

    * To find out more about what it takes to become an Accredited Specialist click here.

    Director

    Helen Ashton

    Helen Ashton

    Helen is a Queensland Law Society Accredited Specialist in Personal Injury Law.*

    As an Accredited Specialist in Personal Injury Law, having been awarded the highest achiever award for the course in 2015, Helen has a high level of knowledge and technical expertise. Admitted as a Solicitor of the Supreme Court of Queensland in 2001, she also has extensive experience in running all types of personal injury claims.

    Helen specialises in work injury claims, workplace injury claims, motor vehicle accident, motorcycle accident injury claims, other road accident injury claims, medical negligence claims, construction accident claims, mining accident claims, public liability injury claims, death and fatal injury claims, psychiatric and psychological injury claims and total and permanent disability claims.

    Helen has a friendly and approachable personality and strives to ensure that her clients are kept well informed and are provided with quality and practical legal advice.

    As a mother of three young children, Helen understands the impact events can have on a family unit and works proactively to achieve the right result for her clients in the shortest possible timeframe. Helen has the ability and the experience to assist clients with a wide variety of claims, including any personal injury claims with a high level of complexity and those that have had catastrophic consequences.

    * To find out more about what it takes to become an Accredited Specialist click here.

    Special Counsel

    Nickelle Morris

    Nickelle Morris

    Nickelle is an expert in personal injury claims and has been recognised by the Queensland Law Society as an Accredited Specialist in Personal Injury Law.* She was awarded the highest achiever award for the accreditation course which she completed in 2022. Nickelle was also a finalist in the Special Counsel of the Year category in the Australian Law Awards in 2019.

    Nickelle has been practising exclusively in personal injury litigation for over 20 years. She has extensive experience in catastrophic claims and fatality claims across all practice areas.

    Nickelle specialises in catastrophic injury claims (including traumatic brain injuries, acquired brain injuries and other head injuries, amputations, severe burns and spinal cord injuries resulting in tetraplegia, paraplegia and the like), National Injury Insurance Scheme (NIISQ) claims, work injury claims, workplace injury claims, motor vehicle accident injury claims, motorcycle accident injury claims, other road accident injury claims, public liability injury claims, medical negligence claims, death and fatal injury claims, psychiatric and psychological injury claims and total and permanent disability claims.

    Nickelle prides herself on being a technical, yet practical and compassionate lawyer. She takes her time to understand her client’s situation and to ensure that they have an understanding of their rights and entitlements. Nickelle is a tenacious and passionate advocate for her clients and is dedicated to being proactive in ensuring her client’s needs are met and achieving the best outcome for her clients.

    Outside of work, Nickelle is a mother of two children and is a member of a number of committees both within the legal industry and community.

    * To find out more about what it takes to become an Accredited Specialist click here.

    Special Counsel

    Barry Mcgee

    Barry has always loved a spirited debate, and, with over 20 years specialising exclusively in personal injury litigation, his passion, skill and ability to assist his clients is well known throughout the Queensland profession.

    Barry specialises in work injury claims, workplace injury claims, motor vehicle accident injury claims, motorcycle accident injury claims, other road accident injury claims, construction accident claims, mining accident claims, public liability injury claims, death and fatal injury claims, psychiatric and psychological injury claims and total and permanent disability claims.

    Barry’s legal career began in his native Scotland, where he qualified as a Solicitor in 1998. Upon qualifying, he worked for a boutique practice, and then a top-tier national firm, representing a number of different insurers across a variety of industries. With years of working for insurers under his belt, Barry is able to see matters through the eyes of his legal opponents. Forewarned is forearmed, as they say!

    He was admitted to practice by the Supreme Court of Queensland in 2007. In Australia, he commenced working for a large national firm, where he spent 15 years practicing in personal injury litigation. He was made a Partner of the firm in 2011 and spent 11 years as the firm’s dedicated in-house Special Counsel. As Special Counsel, Barry provided expert advocacy and strategical advice and assistance to the firm’s personal injury lawyers and clients of the firm alike.

    Barry has significant and extensive experience across a wide variety of personal injury claims. He is compassionate, personable and straightforward, with a keen sense of what is fair and just and a reputation for not settling for anything less than his client deserves.

    Outside of work he enjoys surfing, the outdoors, music and spending time with his wife and 3 young children.

    Special Counsel

    Charlotte Evans

    Charlotte has practised exclusively in personal injury compensation litigation for over 20 years.

    Charlotte specialises in sexual abuse claims, work injury claims, workplace injury claims, motor vehicle accident injury claims, motorcycle accident injury claims, other road accident injury claims, construction accident claims, mining accident claims, public liability injury claims, death and fatal injury claims, psychiatric and psychological injury claims and total and permanent disability claims.

    She is committed to fighting for the rights of plaintiffs and helping her clients through the legal maze, to achieve outcomes that put people back in control of their lives. She has had experience in taking a number of personal injury cases to Trial and winning hard fought cases for her clients and she does not shy away from a challenge.

    Charlotte has a friendly and approachable personality and strives to cut through the legal jargon to make the personal injury claim process understandable for her clients whilst ensuring that her clients are also kept well informed throughout their claim.

    Out of the office Charlotte is a busy Mum, who now enjoys the privileges of living in beautiful Queensland and making the most of all it has to offer.

    Special Counsel

    Prue Prescott

    Prue has been running personal injury claims for nearly 20 years. This has involved acting for injured claimants in most areas of personal injury law including workers’ compensation injury claims, motor vehicle accident injury claims, public liability injury claims, death and fatality claims, psychiatric injury claims, National Injury Insurance Scheme (NIISQ) claims and total and permanent disability claims.

    Prue enjoys handling the more complex claims, such as traumatic brain injury, fatal injury and nervous shock claims, as well as claims involving complex legal principles. Prue seeks to use her Masters qualification in writing and literature to tell each and every client’s individual story, ensuring they are treated fairly by insurers and that they obtain the compensation they deserve.

    In 2019, Prue was nominated by the Women Lawyers Association of Queensland Inc as an Inspirational Lawyer.

    Outside of work, Prue is a busy mum of boys but also tries to find the time to read, write and explore nature.

    Office Manager

    Julie Hollonds

    Julie is a highly dedicated and experienced office manager who has been an integral part of our team for the past 14 years. Bringing a wealth of knowledge with over 35 years of experience in administration, Julie keeps our office running smoothly and efficiently.

    Outside of work, Julie loves to walk, snorkel, spend time with friends and explore the beautiful Northern Rivers region of New South Wales.

    Legal Assistant

    Aleisha Harrigan

    Having worked as a legal assistant for over five years, Aleisha has a wealth of experience in the field of personal injury. Since joining East Coast Lawyers, she has been an essential part of providing invaluable support to solicitors and our clients. Her abilities extend beyond legal matters with Aleisha providing training to our assistants and administrative team, and streamlining processes and procedures, ensuring that the workflows operate smoothly and effectively.

    Outside of work, Aleisha has a passion for reading and music. She can often be found immersed in a good book or a live concert. She values spending quality time with her family, friends and her beloved dog, Kevin.

    Legal Assistant

    Kym Arrowsmith

    Kym is a knowledgeable legal assistant with fifteen years of expertise in the field of personal injury law. She is passionate about supporting clients through the process and obtaining the best possible outcome for them. As a valued member of our team, Kym takes pride in her work and is committed to sharing her extensive experience and knowledge with our other team members.

    When Kym is not busy with work, she loves spending time with her family and friends, and enjoys discovering new places, whether it be through the pages of a biography or on her push bike.

    Legal Assistant

    Alece Turner

    Alece is a law student who is extremely motivated and passionate about personal injury law. She is hardworking, and always strives to produce the best possible results for our clients.

    Her dedication and eagerness to learn more about the law makes Alece a great addition to our team.

    When not working or studying, she loves spending time with her son at the beach or at one of our amazing theme parks.

    Legal Assistant

    Georgia Ryan

    Georgia recently joined the team in February 2023 and has been working within the industry for the last three years. She is enthusiastic about helping new and existing clients, and with her bubbly personality and can-do approach makes her an excellent addition to our team.

    Raised in Tasmania, Georgia moved to Queensland in early 2017 and hasn’t regretted it since. She loves the warm weather and lifestyle. Outside of work, Georgia loves travelling, dining out and spending time with family and friends.

    Legal Assistant

    Claire Rezny

    Claire is one of our hard working and devoted Legal Assistants. With over 25 years’ administrative experience, her attention to detail, willingness to help others, and calm demeanour makes her a real asset to our team.

    Claire is well travelled and, during her time in the USA, Claire discovered a newfound love for reading, which led her to become a proofreader for several published novels. Claire also enjoys landscape and wildlife photography and spending time with her family and puppy.

    Receptionist and Administrative Assistant

    Ella Donnelly

    Meet Ella, our receptionist and administrative assistant, with a passion for law and criminology. She is currently working towards a career in the police force. Ella is always eager to help others and is dedicated to providing excellent customer service to our clients.

    Ella’s bubbly and outgoing personality shines, making her a perfect receptionist. Despite her busy timetable with working and studying, Ella finds time to pursue her love of acting. Being a performer at heart, Ella has had a chance to showcase her natural flair for the arts in theatre productions.

    RECEPTIONIST AND ADMINISTRATIVE ASSISTANT

    Shayla Riley

    Shayla joined our team in September 2023, coming from an extensive background in customer service.

    Shayla is a law student who is very passionate about personal injury law. With her bubbly personality and can-do attitude this makes her the perfect person for her administration support role.

    When Shayla is not in the office you can find her enjoying all things outdoors, getting lost in a good book or spending time with her two rescue dogs Bear and Ella. 

    RECEPTIONIST AND ADMINISTRATIVE ASSISTANT

    Brooke

    Meet Brooke, our receptionist and administration assistant. Brooke has over 3 years’ administration experience in personal injury law and is eager to provide high quality customer service to our clients.

    Brooke finds joy in helping others and is extremely hard working making her a real asset to our team.

    Out of the office you may find Brooke at a racetrack as she has a passion for fast cars. Brooke also likes spending her time enjoying outdoor activities such as swimming and hiking but will never pass up the opportunity to indulge in some retail therapy.