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.
Who do I 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 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 claim is usually settled. It is highly unlikely that your case will end up in court.
How long will it take for my 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.
Time is important when it comes to claiming and if you leave it too long, your claim could get rejected so get in touch with us.
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.
What costs are incurred for seeking legal advice?
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 bases so you are only liable to pay for legal costs if you win and recover personal injury compensation.