Motor Vehicle Injury Claims – Summary

Motor Vehicle accidents are an everyday occurrence but sometimes their effects can totally change your lifestyle. These claims are usually brought against the Compulsory Third Party Insurer of the vehicle, no matter who was driving the vehicle, e.g. spouse, friend, son, daughter etc.

Provided we can prove the other driver was at fault, we can force the Compulsory Third Party (CTP) insurance company to compensate you for your injuries.

Injuries may include, for example:

  • whiplash
  • broken or fractured bones
  • chronic pain
  • lacerations and scarring
  • death of a loved one
  • psychological consequences such as depression, anxiety or PTSD

Note: If you have lost a loved one due to a car accident caused by someone else, we can also assist you with a claim for dependency to cover funeral expenses and loss of future expected income. We can also help you get compensation for the damage to your vehicle.

Frequently Asked Questions

Do I have a claim for compensation?
Persons injured while riding a car, truck, motorbike, quad bike, or other motor vehicles are entitled to make compensation claims under the Motor Accident Insurance Act 1994 (Qld). This Act requires all vehicles to hold compulsory third-party motor vehicle insurance (CTP insurance). You can make a claim if you were injured due to no fault of your own. For example, as a pedestrian or passenger (under any circumstance), or as a driver where another vehicle caused the collision or accident.

If you have been injured in an accident involving a motor vehicle you can make a claim for compensation– provided the other driver was at fault.

Who can I bring the claim against?

Under the Motor Accident Insurance Act 1994, the claim will be against the compulsory third party (i.e. CTP) insurer of the vehicle at fault. The CTP insurer is also obliged to meet your medical needs during your motor accident compensation claim. If you cannot identify the offending vehicle or their CTP insurer, you may be able to bring your claim against the Nominal Defendant.

If your injury is on the more serious side, a claim may also be made on your superannuation policy under the Total & Permanent Disablement (TPD) scheme.

If you were travelling for work purposes at the time, it is possible that a concurrent Workcover claim can also be made.

What can I claim compensation for?

Compensation is usually provided for:

  • The pain and suffering you have incurred.
  • Any past and future loss of earnings you have suffered.
  • Any loss of enjoyment of life.
  • Medical expenses.
  • Gratuitous (unpaid) or paid assistance from others as a result of your injuries.
What has to be proven for my claim to be successful?

You must be able to show that:

  1. the accident was someone else’s fault;
  2. they owed a responsibility to you that they did not meet; and
  3. you suffered injuries as a result of their actions or inactions.
Are there any important time limits to bring a claim?

Yes.

Where the offending motor vehicle can be identified

A complying notice of claim must be lodged against the at-fault party’s CTP insurer within either nine (9) months after:

  • the accident; or
  • the first signs of injury

or within one (1) month after your first consultation with your solicitor – whichever is earlier.

Where the offending motor vehicle cannot be identified

A complying notice of claim must be lodged against the Nominal Defendant within three (3) months.

Additional Time Limits

In addition to the above time limits, court proceedings must be filed within three (3) years or you will lose your right to make a claim.

If you are under 18 at the time of the accident, the above time limits begin from the date you turn eighteen (18).

It is very important to contact us quickly if you have been in an accident so that we can protect you.

Who pays me the compensation?

The offending driver’s CTP insurance company will pay you compensation for your injuries.

If the vehicle is uninsured or unregistered or is unknown, then the ‘Nominal Defendant’ will pay the compensation.

How much compensation can I claim?

The amount of compensation you can claim in Queensland will depend on:

  • How bad your injuries are
  • Your age
  • How much you have lost and will lose in wages
  • How much care you need
  • How much money you have paid and will have to pay out of your own pocket

Once your injuries have been identified, you’ll need to see a doctor to understand the impact these will have on your future work and enjoyment of life. This will usually involve visiting one or more medical specialists and them writing a report to support your claim.

How long does a claim for compensation take?

We strive to have motor vehicle compensation claims finalised within two (2) years and often this can be shorter if the claim is not complex.

Can I make a claim on behalf of the estate if the injured person has passed away?

In the event that someone died as a result of the motor vehicle accident, their living dependants may also be able to claim for funeral expenses and loss of financial support.