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Car Accident Claims

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Car Accident Claims

When you have a car accident your life can grind to a halt. Road accidents cause havoc. They cause pain and suffering. They may impact your ability to work. You may need treatment. Your future can be uncertain. We can give you advice about your options and legal rights to compensation.

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I had a motor vehicle accident, but it was not my fault!

If you were injured in a car accident, and it was not your fault, you may be entitled to compensation under Queensland law to recover damages for your injuries.

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Who can I sue?

The claim is governed by Queensland’s Compulsory Third Party (CTP) regime. Your claim will be paid out by the CTP insurer of vehicle that caused the accident. This means that you can even claim against the CTP insurer of your own vehicle (if you were not the driver). If another car caused the accident, we can help you identify the correct insurer.

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Why should I act fast?

The CTP insurer is obliged to fund reasonable rehabilitation to help you recover from your injuries. This could include (but is not limited to) hospital treatment as a private patient, physiotherapy, medication, counselling, supports and assistance. The quicker the claim is lodged, the earlier you can get the treatment paid for. We can help you to get the treatment approvals from the insurer so you can get back on track and recover as soon as possible.

What if I don’t know the details of the car who was at fault?

Queensland road users have a safety net. Sometimes the vehicle that caused the accident cannot be identified. This can happen when the driver leaves the scene without giving details. It can happen if you were so badly injured that you were not capable of taking down the registration details of the car. Sometimes, a driver does something to cause an accident, but does not realise it and drives on.

A statutory body, called the Nominal Defendant, has been set up to provide CTP insurance payout benefits to injured road users where the vehicle cannot be identified. The Nominal Defendant will still expect steps to be taken to try to identify the vehicle (e.g. is there any CCTV footage, any witnesses, police investigations etc.). We can help with these investigations. However, if the vehicle remains unidentified, then the Nominal Defendant will be responsible for the payout.
There are very short time frames for claims against the Nominal Defendant for an unidentified vehicle. The claim must be lodged within 9 months of the accident.

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What if the car that was at fault was not registered and did not have insurance?

The Nominal Defendant will also provide protection to people injured by a car that was not registered.

I caused the accident and I am injured. What are my options?

Some CTP insurers provide additional driver protection insurance. These policies typically provide a lump sum payment for specific serious injuries. You claim will not be a claim under the CTP regime, but you may still be entitled to lump sum benefits.

You may also be eligible to apply to participate in the National Injury Insurance Scheme which can provide lifetime care, treatment and support for people with specific serious injuries.

The National Disability Insurance Scheme is another scheme where you might be able to get funding for supports if eligible.

If your accident occurred whilst working, or on the way to or from work, you may also be able to get workers compensation benefits if you are an employee under the Queensland workers compensation scheme.

You may also have insurance benefits attached to your superannuation accounts, such as salary continuance or income protection or Total Permanent Disability (TPD) insurance policies.

We can help you investigate whether you can make these claims.

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There was no other car involved, but I don’t think I did anything wrong – can I still make a claim?

It depends on what caused the accident. Victims of single car accidents may still have claims for damages where someone else’s actions caused the accident. For more information, feel free to get in touch with one of our personal injury lawyers in Gold Coast.

You may have a public liability claim if:

  • There was a manufacturing defect in the car or a component of the car such as the tyres;
  • The maintenance or repairs to the vehicle were performed negligently;
  • The design of the road was defective;
  • The maintenance of the road was poor;
  • Domestic or rural animals entered the road and caused the accident.

For more information on public liability claims, please click here.

You may also have a claim under workers compensation legislation. For more information on workers compensation claims, please click here.

You could also have a claim under driver protection insurance or income protection/salary continuance insurances or TPD insurance. For more information on insurance and superannuation claims, please click here.

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You may also be eligible to apply to participate in the National Injury Insurance Scheme which can provide lifetime care, treatment and support for people with specific serious injuries.

The National Disability Insurance Scheme is another scheme where you might be able to get funding for supports if eligible.

In addition, if your injury was the result of a criminal act, then you might be able to recover Victims of Crime Compensation.

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What deadlines do I need to know about?

There are important deadlines that apply to CTP claims.

  • You should report your accident to police within 24 hours of the accident. If you have not done that, we can help you complete the necessary form and lodge it with the police.
  • You need to lodge your claim with the CTP insurer within 1 month of consulting a lawyer or 9 months from the date of accident. If it is lodged outside that time frame, you will need to provide an explanation for the delay.
  • Court documents then need to be lodged within 3 years from the date of accident.

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