LAW
H A V E Y O U B E E N I N J U R E D
I N A C A R A C C I D E N T ?
Do you know that if you are involved in a motor
vehicle accident and you are the not-at-fault driver or
passenger, your rehabilitation costs can be paid for by
the insurer of the driver at fault?
Lysa Jamieson | OMB Solicitors
It is common for people who have been
involved in motor vehicle accidents to be
left with ongoing symptoms attributable
to the accident. On occasions these symptoms
resolve quickly, however, often they require
rehabilitation to support the recovery process.
The main aim of rehabilitation after an accident
is to:
1. Assist a person in returning to their pre-accident
function where possible; or
2. Assist a person in managing their ongoing
restrictions caused by the injuries.
Rehabilitation can be expensive and is usually
ongoing over a sustained period of time until
a certain result is achieved. It can involve a
wide range of treatments including specialist
consultations, psychological treatment,
physiotherapy, chiropractic treatment, return to
work programs or even surgery.
Often people may find themselves unable to work
following an accident which can lead to financial
stress and an inability to pay for the proper
rehabilitation they require. Pursuant to legislation,
a person injured in a motor vehicle accident in
Queensland through no fault of their own is entitled
to reasonable and appropriate treatment funded by
the insurer of the vehicle at fault.
Most of the time the insurer will simply require
a letter of referral for rehabilitation from the
injured person’s treating general practitioner.
From there, a treatment plan will usually be
prepared by the relevant treatment provider and
rehabilitation will be monitored on an ongoing
basis to ensure that all the injured person’s needs
are being met.
Often at the early stages of an injury it is
difficult to tell how symptoms will progress.
When injuries are somewhat minor in nature,
there can be a tendency to overlook them and
hope that they will simply resolve in time. This
may not always be the case and a delay in seeking
treatment can hinder the recovery process. It is
important to discuss any symptoms following an
accident with a suitable medical practitioner as
soon as possible. With proper treatment after an
accident, less severe injuries can often resolve a
great deal.
When injuries are more serious and life altering,
it is not uncommon for people to find that the
impact of their restrictions takes a psychological
toll on their lives. When this happens, it is
important that the injured person discusses their
feelings with their general practitioner so that an
appropriate plan can be formulated. This can help
to relieve stress and anxiety.
Rehabilitation is also important as an injured
person is obligated to mitigate their loss.
This means that an injured person must take
reasonable steps to decrease the extent of the loss
arising from their injuries. This can be done in
several ways, one of which is rehabilitation to
improve the injuries and subsequently minimise
the loss suffered.
For more information regarding
rehabilitation after a motor vehicle
accident, please contact Lysa Jamieson
at OMB Solicitors on (07) 5555 0000.
100 | Pindara Magazine ISSUE 13 | 2018