Motor Accident Claims QLD
Who can make a claim?
Any person injured in a motor vehicle accident in Queensland as a result of the fault (total or partial) of another driver may be entitled to claim compensation.
What can be claimed?
The amount of compensation that can be claimed depends on the nature and extent of a person’s injuries. Compensation can be claimed for:-
- pain and suffering;
- past and future out of pocket expenses;
- past and future loss of income; and
- loss of superannuation.
Subject to exceeding thresholds contained in the legislation, claims can also be made for:-
- past and future care; and
- legal costs.
Reporting the accident to the police
The motor vehicle accident must be reported to the police. If the police did not attend the scene of the motor vehicle accident, then you must report it to the nearest police station to where the accident occurred.
How to make a claim
A Notice of Accident Claim Form must be served on the Compulsory Third Party (CTP) insurer of vehicle at fault within nine (9) months of the date of the accident, or within one (1) month of consulting a lawyer. In circumstances where the vehicle at fault is either unidentified or unregistered, a Notice of Accident Claim Form must be served on the Nominal Defendant within one (1) month of the date of the accident. If the claim form is not served on the Nominal Defendant within nine (9) months from the date of the accident, then your claim for compensation becomes statute barred. This means that you lose all of your rights to receive compensation for your injuries.
Court proceedings claiming compensation for your injuries must befiled within three (3) years from the date of the accident (or for infants three (3) years from their 18th birthday). There are important procedural steps that must be taken before you are entitled to file court proceedings. If court proceedings are not filed within that time, your claim becomes statute barred. This means that you lose all of your rights to recover compensation for your injuries.
After a claim is lodged – Treatment
Once the claim is accepted by the CTP insurer, they may pay for all reasonable hospital, medical and rehabilitation costs.
Once a person’s injuries have stabilised, the CTP insurer will attempt to negotiate a settlement. Majority of claims are settled by informal negotiation or at settlement conference. If a settlement cannot be reached, the next step is to initiate court proceedings.
For further information please contact our Personal Injuries Department Manager, Casey Reedyk on 1800 621 071 or email [email protected] .