Car & Motor Vehicle Accidents Claims
If you have been injured in a car, motor vehicle accident or road accident and the accident was not your fault you may be entitled to compensation for your injuries.
Pedestrians and cyclists injured in a motor vehicle accident may also have the ability to claim compensation for their injuries.
If you have a family member that has passed in a motor vehicle accident, you may also have the ability to bring a compensation claim.
Who can make a compensation claim for a car or motor vehicle accident?
If you have been involved in a car, motorcycle or truck accident (and you are not at fault for the accident) you potentially have the ability to bring a compensation claim. This includes the driver, passengers, pedestrians and cyclists who are injured in the accident.
If a family member has passed as a result of a car accident, you may also have the right to a compensation claim.
Who do I claim against?
In Queensland, all registered vehicles are required to have Compulsory Third Party (CTP) insurance.
If you are injured as a result of a motor vehicle accident, car or road accident, your claim will be against the CTP insurer of the vehicle at fault. It is in fact the CTP insurer who will pay the damages for your compensation claim.
If the accident is as a result of an unidentified motor vehicle (e.g. cannot identify the car, hit and run accident, etc.) or the motor vehicle is uninsured, the injured person can seek compensation through the Nominal Defendant. This is a government insurance scheme established through the Motor Accident Insurance Act 1994. There are strict timeframes which apply to Nominal Defendant claims.
What can I claim for as part of my CTP compensation claim?
As part of your damages and compensation claim, you are able to claim for:-
- Damages for loss of enjoyment of life and pain and suffering;
- Past and future loss of income and superannuation;
- Gratuitous assistance provided by a friend or relative in relation to household chores and tasks;
- Paid assistance for household services i.e. cleaning, gardening, ironing, car detailing, pool cleaning etc;
- Past & future medical expenses including medications, rehabilitation, physiotherapy, surgery, ergonomic equipment and chiropractic treatment.
Further and in addition to a damages claim, the CTP insurer will usually fund rehabilitation and medical expenses in the aftermath of an accident.
If you are injured in a car accident on your way to or from work, then your employer’s workers’ compensation insurer (usually WorkCover Queensland) will pay for weekly income, medical treatment and rehabilitation post accident.
How much will I receive in compensation for my CTP claim?
Every individuals claim is different in relation to losses sustained and hence value. As a result, it is very hard to accurately predict the amount of damages that a claimant is likely to receive. The amount of compensation received will be dependent on such factors including time from work, age, medical evidence, what injuries you have and extent of disability. Contact our senior expert injury lawyers now for advice in relation to this issue.
What if the negligent driver is a family member or friend?
You may be uncertain about proceeding with a damages claim because the negligent driver is a family member or friend. Or in the alternative, the registered vehicle is owned by a family member or friend. However, please note that there is no reason to be concerned as any CTP claim is made against the CTP insurer of a vehicle, not the owner or driver of a vehicle. Your family member or friend will not be required to pay you damages.
How much time do I have?
It is generally the rule that you have 3 years to bring a damages claim in relation to your car or motor vehicle accident. Please note however there are certain exceptions to this rule. Nominal Defendant claims have much shorter time frames. Please speak to our senior expert injury lawyers for advice about time limits.
How much will I have to pay in legal fees?
Please note that our firm operates on a Non Win, No Fee Basis Guarantee. This means that if you do not receive compensation, you will not be required to pay our legal fees or outlays.
Please contact one of senior expert injury lawyers for advice.
Is Personal Injury Compensation taxable in Australia?
Damages payouts for personal injury claims are not taxable in Australia and hence you do not pay income tax on your damages payout.