Motor Vehicle Accident Claims

If you have been injured in a motor vehicle accident in Queensland, whether it was as a car or truck driver, motorcycle rider, passenger, cyclist, pedestrian or public transport passenger you may be entitled to make a claim for compensation.

Our personal injury lawyers are experts in accident compensation claims and will guide you through the claim process, advising you of your rights and the legal options available to you.

What is Compulsory Third Party (CTP) Insurance?

CTP insurance is compulsory for all registered vehicles in Queensland.  As long as your vehicle is registered, your Queensland CTP insurance will cover you for any injuries caused to other road users if you are at fault for a motor vehicle accident anywhere in Australia. In return, this means that if you are injured in a motor vehicle accident, the at fault vehicle’s CTP insurance may assist you in obtaining compensation.

Am I eligible to make a claim?

If you are injured in a motor vehicle accident (either a vehicle or a bicycle) as a driver or passenger due to the fault of another vehicle who is insured under a CTP insurance policy, then you may make a claim under the Queensland legislation. Contact our office for a free consultation about whether or not you are eligible to make a claim.

How do I make a claim if I have had a motor vehicle accident?

You should firstly record the registration number of the vehicle that caused the crash and exchange details with the parties involved. It is important that the motor vehicle accident is reported to the Queensland Police and that a Queensland Police Report is completed. This report will assist in determining who the at fault party is. A Notice of Accident Claim Form needs to be completed and lodged with the relevant CTP insurer. It is important that the Notice of Accident Claim Form is completed correctly. We can assist with this.

Are there time limits for making a motor vehicle accident claim in Queensland?

The Notice of Accident Claim Form must be given to the relevant insurer within nine months following the accident. If the at fault vehicle however is uninsured or an unidentified vehicle, the form must be given to the Nominal Defendant within three months. If you consult a solicitor, the form must be given within one month of the first consultation. Beyond this, valid court proceedings must be commenced within three years following the accident. These are strict time limits and it is important that you understand them.

Will the insurance company pay for my medical bills?

Once you have lodged a Notice of Accident Claim Form with the relevant insurer and the insurer deems that form to be compliant, without or without admitting liability, the insurer may offer to meet the reasonable costs of appropriate medical treatment and rehabilitation.

As set out in the rehabilitation standards and guidelines by the Motor Accident Insurance Commission (“MAIC”), the MAIC, in consultation with insurers and health professionals, has developed rehabilitation standards for Queensland CTP insurers to ensure an injured person who has lodged a CTP claim receives timely, appropriate and reasonable rehabilitation, regardless of which CTP insurer is involved (i.e. RACQ, Suncorp, QBE, etc.).

The rehabilitation standards for CTP insurers aim to:

• Provide CTP insurers with best-practice industry standards when providing rehabilitation to injured people with CTP claims;
• Promote a culture of continuous improvement amongst CTP insurers in meeting their rehabilitation obligations; and
• Encourage a consistent approach to rehabilitation within and between CTP insurers.

If you require assistance with your rehabilitation following a motor vehicle accident, contact one of our experts today.

How much will it cost?

Our firm acts on a “no win, no fee” basis so you do not need to pay any legal fees until the successful completion of your claim. Contact our office to discuss our “no win, no fee” arrangement.