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Nov 25

How to Lodge a Motor Vehicle Accident Compensation Claim for Personal Injury in Brisbane

Friday, November 25, 2016

You are entitled to compensation, through the at-fault driver’s Compulsory Third Party (CTP) insurance, if you meet the following criteria:

  • You were either the not-at-fault driver, passenger of a vehicle involved in the accident or a bystander;
  • You were injured;
  • The accident occurred in Queensland;
  • You successfully lodged your compliant claim form before the statutory time limit expired. (Please see information below relating to statutory time limits.)

What if the at-fault driver was either uninsured or their vehicle was unregistered?

Depending upon the circumstances, you will still be able to make a claim against the Nominal Defendant. Please note that shorter statutory time limits apply to claims against the Nominal Defendant. (Please see information below on statutory time limits.)

What if I was the at-fault driver who caused the accident?

In most circumstances you would not be entitled to make a claim for compensation through a CTP insurer. If, however, your CTP insurance policy does include an “At Fault Driver Injury Insurance Policy”, you will have recourse to some compensation in the event that you were injured as a result of your own negligence. Always check the Product Disclosure Statement (PDS) of your CTP policy or contact your CTP insurer to identify if you do have this additional policy or a similar policy.

Consider if you have access to an income protection policy.

If you do not have any access to an insurance policy, you will have to rely upon Medicare and/ or Centrelink benefits.

In the event that you have been seriously injured as a result of your negligence, contact the National Injury Insurance Scheme (Queensland) for further information. Examples of serious injury include permanent spinal cord injury, severe burns, multiple amputations etc. Please select this link to access the National Injury Insurance Scheme (Queensland) homepage for further information: https://niis.qld.gov.au/

How to lodge a personal injury compensation claim, resulting from a motor vehicle accident.

Please note that the required forms must be completed and lodged according to strict statutory timelines. Contact us now on 1300 720 544 to organize a free, initial consultation so that your entitlement to lodge a claim is protected.

  1. Make a record of the registration number and, if you can, the name of the at-fault driver’s CTP insurer.
    • If you did not obtain the name of the at-fault driver’s CTP insurer, you will need to contact the Motor Accident Insurance Commission (MAIC) as soon as possible. The MAIC will provide you with assistance in identifying the at-fault driver’s CTP insurer so that you may begin the compensation process.
    • If you are unable to obtain the registration number of the vehicle, for example, the at-fault driver drove away from the accident scene before you were able to exchange details, you may have to make a claim against the Nominal Defendant as soon as possible.
    • If a compliant Notice of Claim to the Nominal Defendant is not lodged with the Nominal Defendant according to these strict deadlines, you will lose any right you may have in relation to claiming compensation for your injury.
    • *Please see information below on statutory time limits.
  2. You are required by law to report the motor vehicle accident to Queensland police. Ensure that you complete a Report of Traffic Incident to Police Form and obtain the Police accident report reference number so that you can proceed with your claim.
  3. Seek medical assessment by a doctor as soon as possible. We suggest that when making your appointment, alert the receptionist to the fact that you have been involved in a motor vehicle accident and intend to make a claim. Page 7 of the Notice of Accident Claim Form should be filled out by the doctor at your appointment. We also suggest that you have documented all of your symptoms experienced immediately after the accident and up until the time of your appointment.
  4. Determine that you are entitled to make a claim against the CTP insurer or Nominal Defendant. We recommend that you contact us now on 1300 720 544 or fill out a contact form so that you may take advantage of our free, initial consultation and be informed as to whether you may have a claim or not.
  5. Fill out the remaining details of the Notice of Accident Claim Form. If you have elected for East Coast Injury Lawyers to represent you, we will do this for you. East Coast Injury Lawyers will identify any required documents, reports, receipts or accounts that should be attached to this Notice of Accident Claim Form.
  6. Make a copy of the Notice of Accident Claim Form and all of the attachments to keep for future reference
  7. For the claim to be successfully submitted, the completed and compliant, original Notice of Accident Claim Form and all attachments must be sent to the appropriate address of the at-fault driver’s CTP insurer or Nominal Defendant. If you have elected for East Coast Injury Lawyers to represent you, we will attend to these tasks on your behalf.
  8. You should receive, within 14 days, a lodgement confirmation from the insurer.
    The insurer should advise you as to whether your claim was successfully lodged or not. This does not mean that the insurer accepts liability. Rather, the insurer is advising as to whether your Notice of Claim has been lodged within the appropriate time period.
    If you do not receive any confirmation at the expiration of the 14 day period, contact the insurer as soon as possible as you may run out of time with respect to being able to submit your compliant claim form. (Please read information below on statutory time limits.)
  9. Within six (6) months of confirming lodgement of your compliant claim, the insurer must advise you as to whether the insurer accepts or denies liability.
  10. Once the insurer accepts liability:
  11. In the event that your injuries resolve, the insurer will be notified and your treatment and or rehabilitation will be ceased.
  12. In the event that your injury is categorized as either resolved or stablised, the negotiation process for compensation can commence. The insurer will make an offer that may adequately consider any of your pain and suffering, past economic loss, future economic loss, past medical and pharmaceutical expenses, future medical and pharmaceutical expenses, any past or future loss to your superannuation and, sometimes, any paid or voluntary care and assistance received.
    There may be numerous offers and counter-offers made. A mandatory conference is required in order to assist in the settlement of your claim.
  13. Most claims for personal injury will be settled either before or after the mandatory conference.
  14. If the claim cannot be settled either before or after the mandatory conference you will make the informed decision as to the merits of proceeding to trial.

Statutory Time Limits

To successfully lodge your claim form you must lodge the claim according to strict statutory timelines.

If you claim is against the CTP Insurer You must lodge a compliant Notice of Claim with the CTP insurer within the period ending on the earlier date:
  • within nine (9) months after the motor vehicle accident or, in the event that the symptoms of the injury are not immediately apparent, 9 months after the first appearance of symptoms of the injury; OR
  • 1 (one) month after you first consult a lawyer about the possibility of making a claim.
If your claim is against the Nominal Defendant You must lodge a compliant Notice of Claim to the Nominal Defendant within the period ending on the earlier date:
  • within three (3) months of the motor vehicle accident; OR
  • 1 (one) month after you first consult a lawyer about the possibility of making a claim.

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