Slain
Jul 18 2003, 02:39 AM
I really need legal advice here, ok im up **** creek with no paddle and cant swim. I was in a car accident (caused by other driver) and i have been fairly badly injured to teh point where i cant work anymore. Here are the problems:
1)I have no money from medical bills
2)I started this job a week ago and so if i have to takle the 6 weeks off as advised they might turn around and say no or fire me.
3)Even if i do sue, i wont see the money for a long time and medical bills have chewed up all my money.
How can i do this without getting screwed over one way or another?
BlackVR6ix
Jul 17 2003, 03:03 PM
I was under the impression that the TAC payed medical bills, thats what the insurance is when you pay your rego....
Stooge007
Jul 17 2003, 03:30 PM
Hope you're OK dude! Wish I could help, but I wouldn't have a clue about these things.
Would your work maybe keep you on for 6 weeks on very restricted duties, like answering phones or something? Sorry i'm not much help!
STIK79
Jul 17 2003, 05:07 PM
Unless the other driver was unregistered they must have third party compulsory bodily cover no??? Unless you pay first then send them a bill? Were the policed called to the scene and the other driver charged with something?
Mr_Bob
Jul 17 2003, 07:31 PM
i believe you can have your medical expenses billed direct to the other person's 3rd party insurance company.
or you can claim them, whatever. fax the reciepts over, you may need proof (probably a doctor's cert.) that they were resultant from teh accident with that driver.
not sure about covering your pay...
i believe it's illegal for someone to fire you if you are legitamitly ill, you will have to provide a doctor's certificate though. and chances are you'll be without pay, unless your employer is very compassionate.
you may be able to sure the other party, or their insurance company for "loss of income" you'll need to talk to a solicitor though.
XHELL
Jul 17 2003, 09:13 PM
If you do sue you won't see much out of it when you pay the legal fees aswell, best to try and settle, and the idea behind suing for financial benefit is wrong, and will be frowned upon from a judge/jury etc...
swatson
Jul 17 2003, 10:26 PM
complusary third party is designed to pay for all the medical bills and loss of income caused by it.
We had a family friend nearly killed in a car accident he was 15ish, TAC paid for all medical expenses, his mums acomidation in the city (lived in rural area), and i think some income for her because she had to take leave with out pay.
Not sure about otherstates but in vic the rego is $500+ a year which includes atleast half going to the TAC.
if you do sue it goes most likely on your injuries in a percentage, dont expect too get much once you have to pay out all your expenses such as solicitors and all , you might even be waiting too even go to court, for my dad it took a few years to get his amount then the legal fees come and end up with not much, but its worth while to see a solicitor about this
Dave
Jul 19 2003, 10:15 PM
my dad was in a car accident and got some pretty serious injuries. it was 4 years before discussion with insurance company started about a settlement and another year before it was settled woulda been another 2 years again if my dad had gone to court
WRXCORE
Jul 20 2003, 04:57 AM
Eeek that sucks, can u tell us wat happened in the accident? and how badly injured are you?
From all those ads they had on TV last year from workcover, they have to give u a job that you can do until u are back to full health?(well once your well enough to actually move around etc).
Slain
Jul 20 2003, 11:11 AM
Heres the thing, i work at a bottle shop, specifically though im a delivery driver which involves extremly heavy lifting all day.
I have a stuffed back, stuffed neck, badly chipped tooth and they reackon a few cracked ribs but i have to find the time to go back to hospital.
So far i have a couple hundred in medical bills but the tooth will cost a bit, i was told i get my mdeical bills back but a few times i had to leave work early cos of my back which pissses me off cos i needed the money. Not sure what im gonna do
lancerman
Jul 21 2003, 10:03 PM
You are in a very unfortunate situation, hope you get better soon.
Rather than seeking legal advice from CAA, try making an appointment with legalaid if you can't afford a solicitor:
http://www.legalaid.qld.gov.auPersonal injury from car accidents is covered in the compulsory insurance that is part of our Qld rego, you should be able to recover at least your medical expenses, and possibly the loss income due to your injuries.
All the best.
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