Can I get compensation for a car accident?
If you’ve been involved in a traffic collision as an innocent driver, passenger or pedestrian struck by a vehicle you may be entitled to car accident compensation if you have suffered an injury.
What types of car accidents are covered?
CTP compensation insurance covers a number of accident types, including:
- A driver injured in an accident where the other vehicle was at fault
- A passenger injured in an accident with another vehicle
- A passenger injured in a single vehicle accident
- A pedestrian hit by a vehicle
- A cyclist hit by a vehicle or hitting an opening door of a vehicle
- A motorcyclist hit by a vehicle
- A driver or passenger in a single vehicle accident caused by a defect in the vehicle, which caused the vehicle to run out of control
I've been in a car accident, should I make a claim?
If you’ve been hurt in a car accident because of the fault of another driver then you have a right to car accident compensation. Anybody injured in a car accident in Queensland as a result of the total or partial fault of another driver can claim personal injury compensation within 3 years of the date of the injury.
Unfortunately if you are injured and also the at-fault driver for the car accident, you will be unable to make a CTP claim for compensation and will need to rely on sick leave, Centrelink benefits, Medicare and the public health system unless you have income protection or private health insurance.
Am I entitled to make a car accident compensation claim?
Passengers as well as drivers are entitled to make a claim for compensation, regardless of whether they are related to the driver or not.
There are very strict time limits under the law, when making compensation claims. So if you have been involved in an accident, don’t wait too long before contacting a solicitor, they will help you confirm that you have a case and that you are entitled to claim compensation.
You can use our Free Case Review page to find out if you have a potential claim for compensation.
Can pedestrians claim compensation for a car crash?
If you have suffered injury as a pedestrian, then you may be entitled to make a personal injury compensation claim for the accident. Even if the vehicle that hit you cannot be traced or is uninsured – you may still make a pedestrian accident claim. If you have been involved in a pedestrian accident, then it is important that you seek the appropriate legal advice from a solicitor that has expertise in the area of pedestrian accident claims.
Who do I make my car accident claim against?
It’s compulsory for vehicles registered in Queensland to have third-party insurance. If the vehicle at fault is unregistered or can’t be identified (e.g. a hit and run), the injured person can be compensated through the Nominal Defendant government insurance scheme. If you are making a claim under the Nominal Defendant scheme it must be lodged within three months, or your claim could be rejected.
What would I receive car accident compensation for?
- Pain and suffering
- Loss of income
- All medical expenses – past, present and future
- The value of any care and assistance you have received from family and friends free of charge in addition to care, nursing and household assistance from paid professionals
- Loss of superannuation entitlements
- Loss of financial support from someone on whom you or your family was dependant
- Car accident compensation does not cover damage to property or vehicles
- Legal fees
How do I commence my car accident claim?
Your claim is started by sending a Notice of Accident Claim Form to the CTP insurer of the vehicle at fault. Once liability has been decided, the CTP insurer may pay for your medical and rehabilitation costs. When your injuries have stabilised you are assessed by doctors for medico-legal purposes and then the car accident claim is usually settled. It is highly unlikely that your case will end up in court.
How long does a car crash compensation claim take from start to finish?
In general, the best answer is that the claim will likely conclude when the injured person completes their recovery, whilst the entire process can take anywhere between several months to a few years depending on the circumstances.
From a personal injury lawyer’s point of view, in trying to accurately assess a claim and how long it may take, we prefer that your treatment has concluded. The financial cost of treatment is high and there is always some guesswork in anticipating the cost of your future medical treatment, after the accident. We also need to understand whether the person injured in the accident has made a complete recovery from the effects of the injuries or whether they will be left with a permanent residual disability.
For the reasons stated above, we’ll try and find a balance between not dragging out your claim any longer than we deem is necessary and putting ourselves in the position where we can accurately assess the full compensation entitlements you, as the injured party are entitled to claim.
This is why the Free Case Review is a very important first step, to answer the question correctly we need to get all the facts surrounding the accident and obtain medical records etc.
How long will it take for my car accident claim to settle?
Each CTP claim is assessed individually and varies on the situation. If your claim involves a minor injury and there are no discrepancies about who caused the accident, it will be a lot quicker to resolve as opposed to a claim that involves more severe injuries and uncertainty about who was at fault.
How long do I have to make a car accident compensation claim?
The circumstances of your claim will determine the time limits that apply to your case. For personal injury car accident claims, the claim must be submitted with 3 years, however for workers’ compensation claims this time limit is 6 months. With the circumstances of your claim being critical to your outcome, time is very important when it comes to claiming and if you leave it too long, your claim could get rejected. Get in touch with our Gold Coast Car accident lawyers for a free claim review.
How much compensation will I receive if I make a car accident claim?
Every compensation claim is different and depending on the nature of your claim the monetary value can vary. When your claim is being assessed, your predicted life path before the injury and how your life path since the injury has changed (ie. unable to work for three months) will impact the compensation amount.
How much will it cost to make a car accident compensation claim?
We will meet the costs associated with the running of your injury compensation claim such as fees associated with obtaining expert medical opinions. Our legal services act on a no win no fee basis so you are only liable to pay for legal costs if you win and recover personal injury compensation.
Do I need a car accident lawyer for my claim?
A car accident lawyer will be able to determine what type of claim you can make and help you breakdown the details of your case with clarity, whilst guiding you through the entire car accident claim process. Whilst it is possible to handle these matters without legal representation, an experienced car accident compensation lawyer will be able to help you get the most out of you claim and ensure that all the circumstances of your case are understood, which can be difficult without legal representation.
When should I contact a car accident lawyer for my claim?
Due to the strict time limits that apply to making a car accident claim, we recommend that you seek legal advice immediately after your car accident so that you can understand all of your possible legal options.
At GC Law, we are no-win no fee Gold Coast car accident compensation lawyers who are always upfront and honest about fees. To start your claim, either contact us direct on 1300 302 318 or visit our Free Case Review page and we will get back to you within 12 hours of receiving your request for help.