Within Australia, motorists owning a motor vehicle contribute to compulsory third party (‘CTP’) insurance as part of the vehicle registration process. This CTP insurance forms the basis for motor vehicle accident claims in Queensland. When the operation of a vehicle results in injuries, the fault-based CTP scheme provides that the person who sustained injuries as a result of the motorist’s negligence is able to make a claim for compensation from the insurer of the person at fault via the CTP scheme. However it is important to note that should you not be able to identify the person at fault, a claim can often still be made in common law against the ‘nominal’ defendant.
Motor vehicle accident claims are not limited to the operation or involvement of a car, but include:
- Motor vehicles, such as cars & motorcycles;
- Trucks, and other heavy-class vehicles;
- Pedestrians and Cyclists who sustain injuries at the fault of a motor vehicle operator;
- Vehicle passengers, whether front or rear seat passengers; and
- Other motorised vehicles on public roads.
It is essential that you collect as much information as possible at the time of the accident, and to be conscious that the below process does take time to reach a point where a potential settlement can occur depending on the facts of your case and the treatment you are undertaking.
In Queensland, the applicable legislation outlines steps that have to be undertaken prior to any settlement negotiations occurring between the parties. The claims process is briefly outlined as follows, but do note that this does not represent a detailed overview of the means by which to make a claim for injuries sustained in a motor vehicle accident:
- Evaluating the circumstances and prospects of your motor vehicle accident claim;
- Collecting information pertaining to the accident, including:
- Details of other parties involved and relevant insurers;
- Photographs of the motor vehicle or vehicles involved, motor vehicle damage, and the injuries sustained;
- Records of the treatment providers and relevant authorities;
- Receipts for any medication obtained and treatment provided of which you paid personally; and
- Particulars of any claim related travel, such as when attending medical appointments and treatment.
- Organising your attendances with a medical or allied health professional for assessment of your injuries;
- Assessment of damages on the basis of the gathered evidence and providing advice from and discussions with you regarding same; and
- Negotiations with the insurer on your behalf, and attendance at a compulsory conference to mediate your claim.
Should your claim not settle at mediation, we would then discuss with you in more detail the next steps in the claims process. However, it is important to remember that the claims process is one of length and complication and although our team will do our best to assist with settling your matter prior to a need to commence Court proceedings, it is not always possible.
There are complicated laws and strict time limits associated with making injury law compensation claims in Queensland.
If you would like to arrange a consultation with one of our lawyers to obtain legal advice based on your particular circumstances, please complete an ‘Online Enquiry’ form or contact us using any of the details provided on our Contact Us page. Should you not be able to attend our offices, we are certainly able to discuss flexible alternative arrangements with you.
# Please note that advertising restrictions in Queensland prohibit us from providing more detailed information about our experience and success in this area of law via our website. If you would like more information or to make a genuine enquiry regarding your potential personal injuries claim, please contact our office to arrange an appointment.