Accidents involving vehicles are an unfortunate part of life in our modern world. In Queensland, you are able to make a Compulsory Third Party (CTP) claim if you are injured in an accident that is the fault (total or partial) of the driver, owner or another person insured under a CTP policy.
The claim is made against the CTP insurer of the vehicle that caused the crash. You can still make a CTP claim if you were partially at fault.
At Zaparas, our experience and expertise with motor vehicle accidents lets us work with you to establish the full extent of your claim and the benefits that you’re entitled to receive. We understand that when you’re injured, your family and friends can feel the impact of your accident too. That’s why we will always find out exactly what we can do to help make things better for you in the short, medium and long term.
We’ll focus on the positive outcomes that are possible and on getting you the benefits and compensation you’re entitled to.
What sort of benefits could you be eligible for?
In Queensland, all claims for compensation are individually assessed. The compensation that is paid depends on the type and severity of your injury and your particular circumstances.
Your solicitor will advise you on what you are entitled to claim. This can include:
- treatment and rehabilitation expenses that are considered reasonable and appropriate
- loss of income both past and future
- future treatment expenses
- general damages, meaning damages for pain and suffering and loss of enjoyment of life
- the cost of care and support services (thresholds apply)
Help, I've been in a car accident, what should I do?
If you or a loved one has been injured in a motor vehicle accident in Queensland, you should:
- Report the crash to the police
The law requires that the driver, of a motor vehicle involved in a crash in which a person is injured, must report the crash, in person, at the nearest police station to where the crash occurred.
- Obtain the registration number of the vehicle that caused the crash
To lodge a claim, you will require the registration number of the vehicle at fault. If multiple vehicles were involved in the crash, you will also need to obtain all their registration details and details of any witnesses.
If you can’t identify a vehicle or discover it’s unregistered, and therefore uninsured, you can lodge your claim against the Nominal Defendant.
The Nominal Defendant is a government body that assists in compensating people who are injured as a result of the negligent driving of unidentified or uninsured motor vehicles.
If the accident was my fault, do I have any entitlements?
There may be times when you are injured but cannot claim compensation. For example:
- if you were totally at fault
- no-one was at fault.
If you are unable to claim compensation, you will need to rely on sick leave, Centrelink benefits, Medicare and the public health system unless you have other insurance policies such as income protection or private health insurance.
If you have a serious personal injury and your motor accident occurred after 1 July 2016, you may be able to access treatment, care and support through the National Injury Insurance Scheme Queensland.
How long do I have to make a MVA claim?
There are strict timeframes for lodgement of your notice of claim under the Motor Accident Insurance Act 1994 Queensland Legislation.
The notice must be given within three months if it is to be given to the nominal defendant because the motor vehicle cannot be identified.
In any other case, it is whichever of the following dates is earlier:
- within nine months of the motor vehicle crash or, if symptoms of the injury are not immediately apparent, the first appearance of symptoms of the injury
- if you have a solicitor managing your claim, within one month of the first consultation with the solicitor.
Your claim could be rejected if you lodge it outside the timeframes. It is therefore very important that you seek advice from a solicitor at the earliest opportunity after a motor vehicle accident.
If you are under 18 years of age at the time of the crash, different timeframes apply. Timeframes to lodge a claim do not commence until the child turns 18.
What should I do next?
At Zaparas Lawyers, we understand that this can be quite a daunting process, so we are happy to assist you with the process of lodging a claim and advising you on your entitlements. Feel free to contact your local Queensland team and arrange your obligation free appointment.
What should I bring to the appointment?
Please bring all relevant documentation you have such as completed claim forms, letters from insurers, medical reports, radiological investigations and any other documents that may be relevant.
English is my second language, are you able to provide an interpreter?
Our firm has a diverse and multicultural team comprising of lawyers and law clerks who speak different languages including: Greek, Cantonese, Mandarin, Serbian, Croatian, Bosnian, Macedonian, Turkish and Singhalese. We also have a network of the very best interpreters who can attend interviews and appointments free of charge to our clients.
How much will I pay in legal costs?
When an injury is sustained, it is not only a traumatic and often life changing experience, it often causes great financial strain to the injured party and their family. This is why for 36 years Zaparas Lawyers has fought cases on a ‘No win, No charge’ basis.
In simple terms, this means that you do not pay anything unless you win your case.