Motor Vehicle Accident Claims

Motor vehicle accident claims

Motor vehicle accidents can cause pain and suffering. Accidents on the road can impact your day-to-day and your ability to work and make a living. This can make your future very uncertain, so you need to ensure you take steps to safeguard yourself if you have been involved in a motor vehicle accident. As the negative effects of any motor vehicle accident can be immense on yourself and your loved ones—our professional team will provide you with accurate and individualised legal advice regarding your car accident claim and can outline your legal rights to

What if I was involved in a car accident that was not my fault?

You may be entitled to compensation under Queensland law to recover damages if you were
injured in a car accident that was not your fault.

Who can I sue to recover damages?

Your claim will be governed by Queensland’s Compulsory Third Party (CTP) regime. Therefore, the CTP insurer of the vehicle at fault will pay out your claim. You can even claim against the CTP insurer of your own vehicle (given you were not the driver). We can help you identify the correct insurer if another vehicle was the one who caused the motor vehicle accident.

Do I have a time limit to make this claim?

Make it a priority to lodge your claim as early as possible with the help of a trusted lawyer to receive your compensation faster. The CTP insurer has an obligation to fund reasonable rehabilitation needs as part of your recovery compensation. This may include (however, is not limited to) private patient hospital treatment, medication, physiotherapy, psychology and counselling—also various additional health support and assistance depending on individual circumstances. We will help you get treatment approvals from the insurer to ensure your treatments will start being paid for sooner. Our goal is to get you the financial compensation you are entitled to, as a result this will promote a more seamless recovery process. It’s important to note that if you are involved in an incident with an unidentified vehicle (meaning the person at fault cannot be identified) the claim must be lodged within 9 months of the accident as the Nominal Defendant will be responsible for your payout. See below for further information regarding the Nominal Defendant.

But does it matter if I don’t know the details of the person who was at fault?

Motor vehicle accidents can vary in severity from minor to major incidents. Due to this, it’s very common for people to not know the details of the person who was at fault—as they may have been too badly injured to retrieve their details at the time, the person at fault may have fled the scene without leaving their details, or sometimes drivers may not realise they were at fault and unknowingly flee the scene without providing details. Thankfully, Queensland road users are still protected by a safety net known as the Nominal Defendant.

What if the vehicle at fault was not registered or insured?

The Nominal Defendant is again your safety net in this scenario and will protect those who were injured by a vehicle that was unregistered and uninsured. We can guide you through all steps involved in this process.

What is The Nominal Defendant and what does this cover me for?

The Nominal Defendant is a statutory body established under the Motor Accident Insurance Act 1994 (MAI Act) for the purpose of compensating people who are injured as a result of the negligent driving of unidentified and/or uninsured (no Compulsory Third Party (CTP) insurance) motor vehicles.

Therefore, if the vehicle at fault remains unidentified after mandatory investigations take place— this means the Nominal Defendant will be responsible for your payout. We can guide you through the investigation process which may include identifying key witnesses, obtaining CCTV footage of the incident, or police investigations etc. It is very important to note that the Nominal Defendant claim for an unidentified vehicle must be lodged within 9 months of the accident occurring.

I had a car accident, but I don’t believe I was at fault and there were no other vehicles involved—can I still make a claim?

Victims of single car accidents may still be able to claim damages depending on what caused the accident. Please contact us today to discuss your personal injury matter further.

I caused a motor vehicle accident and I’m also injured—do I have options?

Some CTP insurers provide additional driver protection insurance. Such policies may provide a lump sum payment for specific serious injuries. Your claim will not be a claim under the CTP regime; however, you may still be entitled to lump sum benefits that can assist in your recovery.

If you have endured specific serious injuries, you may also be eligible to apply to participate in the National Injury Insurance Scheme which can provide lifetime care, treatment, and support options.

If eligible, you may be able to receive support funding from The National Disability Insurance Scheme too.

If the accident happened at work or during your work commute (to or from) you may be eligible to receive workers compensation benefits if you are an employee under the Queensland workers compensation scheme.

If you have insurance benefits attached to your superannuation accounts, for example, salary continuance, income protection or Total Permanent Disability (TPD) insurance policies you may
be able to receive a payout via this avenue.

Our experienced team can assist you in pursuing the right claim/s for your motor vehicle accidents to ensure you get the best personal outcome for your future.

What is a public liability claim and am I eligible?

Generally, public liability claims cover duty of care breaches of those who owed a duty of care to you. Often this may include the following reasonings:

  • the car in the accident had a manufacturing defect or a component of the car such as your tyres did which caused the incident;
  • the maintenance or repairs to your vehicle were performed in a negligent manner and led to the incident;
  • there was a defective road design or road maintenance was not sufficiently upheld/completed;
  • or the incident was caused because of a domestic or rural animal entering the road.

Please click here for more information on public liability claims.

Depending on your accident you may have a claim that falls under workers compensation legislation. Please click here for more information on workers compensation claims.

You may also have a claim that falls under driver protection insurance or income protection/salary continuance insurances or TPD insurance. Please click here for more information on insurance and superannuation claims.

If eligible, The National Disability Insurance Scheme is another scheme where you may be able to receive funding for support.

If your injury was the result of a criminal act, then you may be able to recover Victims of Crime Compensation.

If you are eligible, you can apply to participate in the National Injury Insurance Scheme which can provide lifetime care, treatment, and support for people with specific serious injuries.

We can help you navigate all your options to ensure your future is safeguarded and you receive the compensation you are entitled to.

What important deadlines do I need to meet for my claim?

Ensure you report your accident to police within 24 hours of the accident occurring. If you have not done this step, we can help you complete the necessary form and lodge it with the police.

Ensure you lodge your claim with the CTP insurer within 1 month of consulting a lawyer or 9 months from the date of accident. If it is lodged outside that timeframe, you will need to provide an explanation for the delay.

Following the above steps, court documents then need to be lodged within 3 years from the date of accident.