Queensland 
Claiming for compensation after a motor vehicle accident in Queensland?
If you have been involved in a motor vehicle accident you may be entitled to receive compensation for your injuries. Compulsory Third Party (CTP) insurance pays compensation to people who have suffered an injury or are killed in a motor vehicle accident where negligence can be established, but it does not compensate the driver at fault.
The CTP insurance is part of the cost of registration of the vehicle and is paid in full at the time of registering the vehicle.
What do you do if the vehicle is not registered or you do not know the registration details of the vehicle at fault?
There is a fund called the Nominal Defendant Fund. If the vehicle that caused your injury is not able to be identified or the vehicle is not registered, the Nominal Defendant is the insurer.
You must lodge your Notice of Accident claim form with the nominal defendant within 3 (three) months of the accident happening.
Lodging your Notice of Accident Claim Form
For all claims against the CTP insurer, a Notice of Accident Claim form must be lodged with the insurer with the earlier of the following dates;
- Within 9 months of the accident or if symptoms were not immediately apparent, within 9 (nine) months of the first appearance of symptoms of your injury or;
- Within 1 (one) month of the claimant first consulting a lawyer about the possibility of commencing a claim.
You must notify the police
Any person making a motor vehicle accident claim must report the accident to the police.
If you haven’t already notified the police about the accident, you must report the accident to the police as soon as possible.
What benefits could you be entitled to?
After lodging your Notice of Accident Claim form you may be entitled to payment of your reasonable rehabilitation costs. These costs include;
- Medical and Hospital Treatment
- Physiotherapy,
- Hydrotherapy
- Chiropractic Treatment
- Gym Membership
- Reimbursement of Travelling expenses to obtain medical treatment
- Reimbursement of pharmaceutical costs
- Costs of hiring equipment such as wheel chair or crutches hire.
The insurer will fund your reasonable treatment that has been recommended by your treating medical practitioners.
The insurer is not required to make payment to you for loss of weekly earnings. If you have lost income due to your injuries, you may be entitled to receive payment for your past economic loss as part of your damages when your compensation claim settles.
What if you were injured on the way to or from work?
You may be entitled to lodge a workers compensation claim if you were injured in a motor vehicle accident while travelling either to or from work. You could put the link to workers compensation in QLD here if you want to
What if you were the driver and you caused the accident?
If you are insured for Driver Protection Cover (DPC) you may be entitled to compensation regardless of whether you were driving the vehicle and caused the accident. The DPC also may be payable to the driver’s estate or dependents if the driver is killed in the accident. You must lodge your compensation claim with the DPC insurer within 6 months of the accident happening. You may have DPC which has been transferred to you if you recently purchased a registered vehicle. It is important to investigate whether you have DPC if you have been injured and you were found at fault for causing the accident.
Common Law Claim for Damages
In addition to receiving payment of your reasonable rehabilitation costs, you may be entitled to further compensation including;
- pain and suffering, loss of enjoyment of life, scarring
- out of pocket expenses including travel expenses
- any financial loss including loss of past and future superannuation
- future medical expenses
- payment for gratuitous care and assistance
- reimbursement of paid care or assistance including lawn mowing or nursing care
This is known as a common law claim or action in negligence. The CTP ordinarily provides the insurance cover to the person at fault and pays out any compensation to the injured person.
How soon after my accident should I engage a lawyer?
It is very important to engage lawyers soon after your accident. Valuable evidence may need to be gathered whilst it is still available and fresh in people’s minds. For example, we may need to photograph and inspect vehicles, view accident sites or interview witnesses.
The quality of the evidence may affect the compensation amount we can obtain for you.
How long do I have to lodge my claim form with the compulsory third party insurer?
You must lodge your accident claim form with the CTP insurer within nine months of the accident occurring or within one month of being advised of your legal right to do so, which ever date occurs first. If you lodge your accident claim form after these dates have lapsed, it will be necessary to provide the insurer with a reasonable excuse for the delay.
Can I claim compensation if a family member has died?
Benefits may be available in the event of the death of a family member in a transport accident. This is a particularly complex part of the law, and we strongly encourage you to contact us for advice.
How will I pay for the legal fees?
Slater & Gordon pioneered the No Win - No Fee™ scheme. This means you do not pay for professional fees unless your case is successful. This scheme is available for transport accident claims. You will receive a document setting out the details of the scheme after your first appointment. We are not retained as your lawyers until the document is signed and return to us.
Talk to us
If you have been injured or bereaved as a result of a transport accident and would like more information about how we can help you, please contact us either by email or by calling direct on 1800 555 777.