You may be entitled to claim compensation for injuries suffered in a motor vehicle accident if those injuries were caused by the negligence of another person or were partially your fault.

These accidents can lead to injuries such as whiplash, spinal injuries, head and neck injuries, fractures, soft tissue injuries and psychological injuries

  • Make sure to take down the registration number of all vehicles involved.
  • Make sure to take down the names and contact phone numbers for all drivers involved.
  • Report the accident to the Police. They should provide you with a tra­ffic incident number (QP Number).
  • If the car accident is not reported to the Police, Car Crash Injury Qld can do that for you.
  • See your General Practitioner or the local hospital to have your injuries assessed and for medical advice.
  • Talk to Car Crash Injury Qld for free initial advice about your legal rights to make a compensation claim for any personal injuries you have suffered.
  • Lodge the Notice of Accident Claim form with the Compulsory Third Party insurer (CTP insurer) within the strict time limits that apply.

It is important that you do not admit fault until you have obtained legal advice

Individuals who are injured in or as a result of a car, motorcycle or truck accident (who are not at fault) may make a claim for compensation. This can include the driver, passengers, pedestrians and cyclists who are injured in the accident.

If you have a family member who has being killed or seriously injured in a car accident, you may also have the right to a compensation claim.

By law, all vehicles registered in Queensland are required to have insurance supplied by a Compulsory Third Party (CTP) insurer.

Most motor vehicle claims will proceed against the CTP insurer of the vehicle at fault. The CTP insurer will be liable to pay any compensation you are entitled to receive.

If the accident involves an unidentified vehicle (e.g. cannot identify the car, hit and run accident, etc.) or an uninsured vehicle, an injured party can be compensated through the Nominal Defendant government insurance scheme established through the Motor Accident Insurance Act 1994. Strict time limits apply in relation to Nominal Defendant claims.

As part of your compensation claim, you can claim for:-

  • Damages for pain and suffering (loss of enjoyment of life)
  • Past and future loss of wages and other income, including superannuation
  • Household and personal care and assistance provided by a friend or relative for free
  • Paid services for household assistance i.e. cleaner, gardener, ironing aid, car detailer, pool cleaner etc
  • Past & future out of pocket and medical expenses such as medications, rehabilitation, physiotherapy, surgery, ergonomic equipment and chiropractic treatment

In addition to a compensation claim, in most circumstances the CTP insurer will pay for rehabilitation and medical expenses initially incurred after a car accident.

If you are injured on your journey to or from work, then your employer’s workers’ compensation insurer (usually WorkCover Queensland) will pay for your rehabilitation, lost wages and medical treatment after the accident.

Injuries affect everyone in different ways. A minor injury to some, may impact on another person to a much greater extent. The purpose of compensation is to compensate an injured party for the loss and damage they suffer as a consequence of the injury. The more the injury or injuries impact upon your pre-accident lifestyle and employment, the more compensation you will receive.

Because of the subjective nature of compensation payments for personal injury claims in Queensland, it is not possible to state a specific compensation amount for a certain injury. It will depend on what loss and damage is suffered because of that injury.

Some of the more dominant factors that impact upon compensation payments are the extent of the injury sustained as well as age, occupation, recreational interests and health of the injured party at the time the accident occurred.

Every claim is unique in its circumstances, injuries and losses suffered. This makes it difficult to accurately predict the amount of compensation that an injured person will receive. It is important to speak to an experienced Injury Compensation Lawyer for legal advice to protect the rights of you and your family.

An injured person may be reluctant to make a claim if the driver at fault or the owner of the registered vehicle is a friend or family member. However, the claim is made against the CTP insurer and not against the driver or owner of the vehicle. In this way, an injured person can receive compensation for their injuries without disadvantaging the friend or family member.
Generally, you must bring a compensation claim within 3 years of the accident date. If you have not settled your claim with the CTP Insurer or issued Court proceedings within 3 years of your motor vehicle accident, you will lose your legal right to compensation. The main exception to this rule is if the injured person is a child, in which case Court proceedings must be issued within 3 years of the child’s eighteenth birthday.

Before you can start any Court action, you must follow what are called pre-Court procedure steps. A Notice of Accident Claim Form must be lodged with the CTP insurer either within 1 month of you first consulting a lawyer or 9 months from the date of the accident, whichever comes first. If this is not done, you must then provide a reasonable excuse for delay.

If the vehicle at fault was not insured or is unknown (eg hit/run), then a Notice of Accident Claim Form must be lodged with the Nominal Defendant within 3 months. If a Notice of Accident Claim form is not lodged within 9 months of the date of the motor vehicle accident, you may forever lose your legal right to claim compensation for personal injuries against the Nominal Defendant.

Time limits are extremely important. If you think your claim may be outside these time frames contact us urgently.

Our firm operates on a *No Win No Fee basis.

Please contact our Personal Injury team for more information.

*conditions apply

Contact one of our Personal Injury team on 07 4122 1500 or complete the case review form now.