Motor vehicle accident claims Queensland

When you sustain an injury in a road accident involving a motor vehicle in Queensland, you may be entitled to compensation. Every state and territory in Australia has a system of compulsory third-party (CTP) insurance which provides personal injury cover for people injured in a traffic accident. 

Each state and territory’s CTP Insurance Scheme operates differently, so it is important you ensure you are getting advice from a lawyer experienced in your state’s CTP Scheme.

In Queensland, for a CTP claim to be successful, you must be able to demonstrate that the injuries you sustained in a road accident were due to the fault of another person. In other words, you must prove that the other party was negligent. So, single vehicle accidents are not ordinarily covered unless the injured person was a passenger (or pillion in the case of a cyclist or motorbike) in the accident and the driver/rider was at fault.

Who is covered by CTP insurance in Queensland?

In Queensland, all drivers pay for and have CTP insurance through their vehicle registration. This means that every registered vehicle in Queensland will have an insurance policy (applied to the registered vehicle), which provides for personal injury compensation if the driver of that vehicle causes an accident resulting in injuries.

What if the vehicle is unregistered or leaves the scene?

Even if the vehicle which caused the accident is unregistered or cannot be identified, you can still claim motor vehicle accident compensation through the ‘Nominal Defendant’. The Nominal Defendant is a statutory body that provides compensation for people injured on Queensland roads, where the vehicle which caused the accident is unregistered (therefore having no CTP insurance) or is unable to be identified.

There are very short time frames that apply for claims against the Nominal Defendant, so it is important to seek legal advice as soon as possible after a motor vehicle accident to understand your CTP rights.

Call us for FREE advice:  1800 001 339

Who can claim motor vehicle accident compensation in Queensland?

The types of road accidents that can lead to a compensation claim are broad. They include:

• car accidents;
• truck accidents;
• pedestrian accidents involving a motor vehicle;
• cyclist accidents involving a motor vehicle;
• motorcycle accidents involving another vehicle; and
• passenger injuries where no other vehicle was involved.

What information do I need to begin a CTP claim for compensation after a motor vehicle accident?

The aftermath of an accident can be very stressful and confusing, particularly when you or another person is injured. The most important thing to do following the accident is to make sure that everyone is safe.

Once everyone is safe, it is helpful if you can gather some information about the accident to assist you in applying for and successfully receiving compensation for motor vehicle accident-caused injuries.

Some useful information to consider includes:

• the name of the driver and/or owner of the other vehicle (and any other people who were in their vehicle at the time);
• contact details for the driver and/or owner of the other vehicle (and any other people who were in their vehicle at the time);
• photos of the other driver’s licence or other identification;
• the registration (i.e licence plate) of the other vehicle;
• photos of the accident including damage to the vehicles and the location of the accident;
• the names of witnesses who saw the accident;
• the contact details of witnesses who saw the accident; and
• the location of the accident.

​What benefits and compensation are available for motor vehicle accidents in Queensland?

In many cases, we can arrange through the insurer that you be reimbursed for rehabilitation expenses that you have already incurred prior to the completion of your CTP claim.

Many CTP claims also compensate the claimant for:

• pain and suffering;
• loss of income or earning capacity (known as economic loss);
• medical expenses;
• travel;
• paid care; and
• where applicable, gratuitous care (or in other words care provided for free, usually by friends and family).

What time limits apply to motor vehicle accident claims in Queensland?

There are various strict time limits throughout the CTP claim process in Queensland.  It is important you seek legal advice as early as possible to ensure you do not miss any of these important timeframes.

As a general rule, the time limit for a claim for compensation for a motor vehicle accident is three years.  For matters involving the Nominal Defendant, a Notice of Accident Claim Form must be sent to them within the first 9 months after the accident.

How can IM Lawyers help?

IM Lawyers are highly experienced in motor vehicle accident claims. Our lawyers can provide expert legal advice to ensure you recover everything you might be entitled to, following injury on Queensland roads.