Insurance paying transportation costs after a car accident? Ask a Personal Injury Lawyer Brisbane!
Our Brisbane staff has received an enquiry on whether a victim of a car accident can compel the insurance company of an at-fault vehicle to pay their transportation costs to attend medical treatment.
The short answer is it depends on the circumstances of each individual case. But an accredited specialist in personal injury may be able to help you in your circumstances by developing a strong legal argument that can successfully support your claim.
When does the insurance company of the at-fault vehicle have to pay?
According to the Motor Accident Insurance Act Qld(MAIA), once liability is admitted, the insurance company MUST make payments for private hospital, medical and pharmaceutical expenses reasonably and appropriately incurred because of the injury. This also includes reasonable rehabilitation expenses.
Does the definition of ‘rehabilitation’ include transportation?
Under the definition of “rehabilitation” in s4 of the MAIA, it does NOT include transportation so technically, the insurance company might not have to pay for transportation costs according to the statute by implication.
However, this is NOT the end of the argument for our clients. East Coast Injury Lawyers has successfully argued for our clients’ rehabilitation costs.
How do we further define ‘rehabilitation’?
In the case of McMullen v Suhr, the claimant was a paraplegic who suffered spinal injuries as a result of a motor vehicle accident where the compulsory third party (CTP) insurer admitted liability.
The CTP insurer initially agreed to pay the victim’s house rent as part of her rehabilitation. Later, these payments were disputed because they did not fall within of the meaning of s51 of the MAIAand were not a ‘reasonable’ outlay pending trial.
Byrne J held that rehabilitation services must be considered in a BROAD sense.
He also held that the MAIA obliges the insurer and claimant’s to ‘cooperate’ with each other to bring about exchanges between the parties that will work with the law, promote rehabilitation, and save on time.
In the case of Aldridge v Allianz Australia Insurance, the Brisbane Supreme Court held that provision of an existing residence modified to meet a paraplegic’s needs was considered to be a reasonable rehabilitation expense.
In this decision, Applegarth J held that: “Short-term measures may be reasonable and appropriate if they enable the applicant to restore, as far as reasonably possible, physical or mental functions, and to optimise, as far as reasonably possible, the quality of her life.”
Thus, if you have been injured in a motor vehicle accident where the CTP insurer has admitted liability, it is critically important to find a personal injury lawyer that can effectively apply the law in your circumstances.
How East Coast Injury Lawyers Can Help
East Coast Injury Lawyers is a personal injury law firm with multiple offices in Queensland including Brisbane, Gold Coast, Beenleigh and Cairns. Our firm is led by accredited specialists in personal injury who have experience in both plaintiff law and insurance defence.
Why Choose a Lawyer with Experience in Insurance Defence?
A personal injury lawyer who has experience representing insurance companies will have a practical and extensive knowledge of how these companies operate and how best to apply the law in your circumstances. Accredited Specialists in personal injury who have defended insurance companies will know the arguments that the insurance companies will use against you and work diligently to limit their effect on your legal rights to compensation.
What Will East Coast Injury Lawyers Do For Me?
Our firm will guide you throughout the entire process of lodging a personal injury claim for a motor vehicle accident. We will ensure that your claim is lodged on time and with accurate documentation to prevent any unnecessary delays or costs.
If the insurance company has admitted liability and you are faced with financial hardship, East Coast Injury Lawyers will endeavour to negotiate with the insurance company so that you can receive treatment as soon as possible while you wait for your personal injury claim to settle or go to court.
How can I contact East Coast Injury Lawyers?
Contact us by calling us at 1300 720 544 or filling out our case review form.
