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Public Transport Accident: Making a Claim

Most people may be familiar with the fact that if you are involved in a car accident, and suffer something like a whiplash injury, you can make a claim for compensation against the compulsory third party (CTP) insurer for the vehicle at fault. But what about if the accident happened on public transport, like a bus, in a taxi, on a train, or even on a ferry.

Accidents like this are not uncommon, and can result in injuries like whiplash. Because buses are the preferred method of transport for schools, sometimes these accidents can even involve children.

So, how do you make a claim if you, or your child, have been injured in a bus or other public transport accident?

The first step in bringing a claim is to complete a Notice of Accident Claim Form and provide it to the CTP insurer of the vehicle at fault. If you are a passenger, this may be the CTP insurer of the vehicle in which you were traveling.

How you fill out the form can significantly affect both the amount of compensation you or your child receive and the way the CTP Insurer treats you. It is important that the form is completed truthfully, and accurately.

Once you serve your Notice of Accident Claim Form, your claim will have formally begun.  The CTP insurer will advise if the Notice is completed correctly and complies.  At this point, the CTP insurer also usually advises if they will fund the rehabilitation you or your child need because of the accident. Physiotherapy, chiropractic treatment, counseling, surgery, etc are all commonly required to assist with recovery of something like whiplash in the immediate aftermath of a bus accident.

The Insurer then has six months to investigate the circumstances of the bus accident and to respond as to their position on liability. Unless you were the bus driver, it is most unlikely liability would be denied.

If you, or your child, have been involved in an accident on a bus, or on other public transport, and would like further information, contact one of our Injury Lawyers on 07 3816 9555.

Time limits apply so it is important that you seek expert legal advice as soon as possible.

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