Character EVIDENCE

Credibility is extremely important in a personal injury claim.


Perceptions of your character can have a ripple effect throughout your entire claim. Like in every section of this guide it’s about providing irrefutable evidence about the accident, your injuries, your financial status… the list goes on.

Section Resources

  • 1
    Example letter requesting statement from friends and family
  • 2
    Example letter requesting statement from employer or colleague
  • 3
    Example letter requesting statement from community organisations
  • 4
    Example statement from family
  • 5
    Example letter to CTP insurer
  • 6
    Example letter to Workcover

Symbol Guide

RESOURCE

HOW TO

IMPORTANT INFORMATION

CASE STUDY

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Avoid the Insurance Runaround & get your claim paid quickly.

After a car accident, you're most likely out-of-pocket for repairs or medicals, and frustrated that you're paying for someone else's mistakes.


But you don't have to be.


Get on the phone with someone who knows how to get action and payment from an insurance company. In minutes you could have a clear plan of what to do, what to say, and what comes next


By this time next week you could have your claim sorted and money in your bankIt beats being put on hold forever by an insurer paying the delay game at your expense.

It beats being put on hold forever by an insurer paying the delay game at your expense.

Introduction

Like in every section of this guide it’s about providing irrefutable evidence about the accident, your injuries, your financial status… the list goes on. But, what about your observable behaviours that allow people to form an opinion on your honesty?


They definitely come into play.


How trustworthy or credible you appear to be will impact on:

Like in every section of this guide it’s about providing irrefutable evidence about the accident, your injuries, your financial status… the list goes on. But, what about your observable behaviours that allow people to form an opinion on your honesty?


They definitely come into play.


How trustworthy or credible you appear to be will impact on:

  • how the insurer treats your file,
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    the evidence you have collected (regardless of how credible it is) and
  • check
    how, ultimately, a judge will assess your damages

If you come across negatively, your evidence can be refuted, your compensation may be reduced or worse, your entire claim thrown out.


You can see how proving you are a good, honest, hardworking citizen is an important section in our guide.


This section will tell you how to gather evidence to prove you are a credible claimant.


There are a couple of way you can prove your credibility, these include gathering evidence from:

  • The Queensland Police – to prove your credibility as a citizen
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    Your friends, family, managers or colleagues – to prove your credibility as a person

Evidence from the Queensland Police

One way you can prove that credibility as a good citizen by obtaining copies of the following
documents from the Queensland Police:

  • Criminal History Report – any infringements that have been placed on your criminal history
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    Traffic History – i.e. any minor traffic infringements

These reports stand as an example (hopefully) of how you generally act in a good and honest manner. That will affect whether the court will choose to accept your evidence over the insurer’s evidence.

How do you obtain your criminal history report?

You can apply for a criminal history check at your local police station.


You’ll need to provide identification, such as a current driver licence, passport or other photo ID, and pay an application fee of $55.30.


For more information visit this site.

How do you obtain your traffic history?

You can apply for details of your Queensland traffic history online, in person and by post.

how to obtain your traffic history

ONLINE


To apply for your traffic history online you will need to:

  • Verify that you are eligible to use the service
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    Enter your identity information
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    Pay the fee of $23.25

If your application is approved, the report will be available online.

BY POST


To apply by mail you must:

  • Complete a release of information application (F2121)
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    Organise certified copies of your evidence of identity documents—they must be certified (with the words ‘I have sighted the original document and certify this to be a true copy of the original’) in English by a
  • Justice of the Peace
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    Commissioner for Declarations
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    Doctor
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    Police officer
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    Solicitor, barrister or judge
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    Consular or ambassadorial office
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    Notary public
  • Include a cheque or money order, for the required fee, payable to the ‘Department of Transport and Main Roads’
  • check
    Mail your completed form, certified copies of your evidence of identity documents, and cheque or money order (do not send cash) to:

Department of Transport and Main Roads
Customer Service Support
GPO Box 2451
BRISBANE QLD 4001


If your application is approved, your report will be sent to you in the mail.

Character Evidence

The insurer is not going to get a list of people who don’t like you and say bad things about you.


The best way to refute these is to gather character statements from your friends, family and work colleagues who can vouch that you’re a good honest person.


Pick people who know you well enough to offer insight into your character and positive qualities and who are also representative of a good citizen too. 

When should you collect this information?

Be sure to contact people as early as possible in your claim.

How should you collect this information?

Telephone them first to put your request to them before you do so in writing. Remember, they are not legally obligated to provide you with a statement so they are doing you a favour.


Don’t forget to thank them accordingly.


Use these letters following to start contacting people who can vouch for you. This is important third-party community evidence that can really help your claim. Maily beacuse the insurer won’t be able to refute it.


A real “money quadrant” piece of evidence. Ease to get and hard to refute.

example letter requesting statement from friends and family

Available online or for download.

example letter requesting statement from employer or colleague

Available online or for download.

example letter requesting statement from community organisations

Available online or for download.

example statement from family

Available online or for download.

Medical Evidence

We’ve already spoken about collecting medical records. This section is about ensuring that your actual injuries are reflected correctly and entirely in your medical reports.


This ensures your credibility as a witness isn’t hindered when asked about the extent of your injuries.


If you have reviewed your medical records from a provider, and have noticed it contains incorrect information (i.e inaccurate reporting of your accident related injuries and/or symptoms) you can ask your treatment provider to correct your health information.


They have to take reasonable steps to correct their records to make sure they are accurate, complete, up to date, relevant and not misleading. If they have given incorrect information to others, you can also ask your provider to tell those other parties that it is incorrect.


However, your provider can refuse your request where they are satisfied that the information you have asked to be corrected is accurate, up-to-date, complete, relevant and not misleading.


If your provider refuses to correct your health information, they are required to give you a written notice that includes information about their refusal reasons and how you can complain about their refusal.

How do I make a request to correct my health information?

It is best to make your request in writing. We have provided a template for this in the medical records section (on page 78).

Evidence from previous accidents

It is important to gather information about any previous claims for compensation you have made as this Information needs to be disclosed when you complete the Notice of Accident Claim Form.


The accidents your should absolutely disclose include:

  • Accidents where you have made a claim with a CTP insurer
  • Accidents where you have made a claim under WorkCover

This is so the insurer can make a fair decision when it comes to assessing your compensation.


They have to take into account any pre-existing medical history and/or symptoms which you may have.


You can request a copy of your file from a relevant CTP insurer and/or WorkCover. Precedents letter attached.

example letter to ctp insurer

Available online or for download.

example letter to workcover

Available online or for download.

Nearly there!

Avoid the Insurance Runaround & get your claim paid quickly.

After a car accident, you're most likely out-of-pocket for repairs or medicals, and frustrated that you're paying for someone else's mistakes.


But you don't have to be.


Get on the phone with someone who knows how to get action and payment from an insurance company. In minutes you could have a clear plan of what to do, what to say, and what comes next


By this time next week you could have your claim sorted and money in your bankIt beats being put on hold forever by an insurer paying the delay game at your expense.

It beats being put on hold forever by an insurer paying the delay game at your expense.

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