Drivers and passengers may become injured as a result of accidents in motor vehicles such as cars, trucks and motorcycles. These accidents can also involve pedestrians and cyclists, such as being hit by a car while crossing a road or being hit on a bike.
These accidents can lead to injuries such as whiplash, spinal injuries, head and neck injuries, fractures, soft tissue injuries, psychological injuries and even death. If you have been injured in a motor vehicle accident that was not your fault, you may have the right to a compensation claim. Pedestrians and cyclists injured in a motor vehicle accident may also have the ability to claim compensation for their injuries.
If you have a loved one that has died or been seriously injured as a result of a motor vehicle accident, you may also have a claim.
Who can make a claim?
Individuals who are injured in or as a result of a car, motorcycle or truck accident (who are not at fault) may make a claim for compensation. This can include the driver, passengers, pedestrians and cyclists who are injured in the accident.
If you have a loved one who has being killed or seriously injured in a car accident, you may also have the right to a compensation claim.
Who do I claim against?
By law, all vehicles registered in Queensland are required to have insurance supplied by a Compulsory Third Party (CTP) insurer.
Most motor vehicle claims will proceed against the CTP insurer of the vehicle at fault. The CTP insurer will be liable to pay any compensation you are entitled to receive.
If the accident involves an unidentified vehicle (e.g. cannot identify the car, hit and run accident, etc.) or an uninsured vehicle, an injured party can be compensated through the Nominal Defendant government insurance scheme established through the Motor Accident Insurance Act 1994. Strict time limits apply in relation to Nominal Defendant claims.
What can I claim?
As part of your compensation claim, you can claim for:-
- Damages for pain and suffering (loss of enjoyment of life)
- Past and future loss of wages and other income, including superannuation
- Household and personal care and assistance provided by a friend or relative for free
- Paid services for household assistance i.e. cleaner, gardener, ironing aid, car detailer, pool cleaner etc
- Past & future out of pocket and medical expenses such as medications, rehabilitation, physiotherapy, surgery, ergonomic equipment and chiropractic treatment
In addition to a compensation claim, in most circumstances the CTP insurer will pay for rehabilitation and medical expenses initially incurred after a car accident.
If you are injured on your journey to or from work, then your employer’s workers’ compensation insurer (usually WorkCover Queensland) will pay for your rehabilitation, lost wages and medical treatment after the accident.
How much will I receive in compensation?
Every claim is unique in its circumstances, injuries and losses suffered. Thus, it is difficult to accurately predict the amount of compensation that an injured party may receive. It is important to speak to an Accredited Specialist Lawyer in Personal Injury for legal advice to protect the rights of you and your family.
What if the negligent driver is a family member or friend?
An injured person may feel uneasy to make a claim if the driver at fault is a friend or a family member. Or alternatively, the registered vehicle is owned by a friend or family member. However, the claim is made against the CTP insurer and not against the driver or owner of the vehicle. In this way, an injured person can receive compensation for their injuries without disadvantaging the friend or family member.
How much time do I have?
Generally, you must bring a compensation claim within 3 years of the accident date. However, there are certain exceptions, such as Nominal Defendant claims, where time limits may be shorter. It is important that you protect the rights of you and your family by speaking with a trained legal professional for legal advice.
How much will I have to pay?
Our firm operates on a Non Win No Fee Basis Guarantee.
Please contact one of our Personal Injury Accredited Specialists for more information.
How do I proceed with my claim?
Contact one of our Accredited Personal Injury Law Specialists now on 1300 720 544 or complete the case review form now.
Is Personal Injury Compensation taxable in Australia?
When you finally settle your motor vehicle accident claim in Queensland, the settlement you receive is not income and hence, it is not taxed. The only exception is if you put the amount in a term deposit. The interest from that deposit may be taxed.