Claiming Compensation for a Car Accident Injury
If you’ve been injured in a car accident in Queensland, then you are probably asking yourself these questions:
Don’t get CTP insurance confused with Comprehensive Motor Insurance or Third Party Property Damage insurance. CTP covers injuries and comprehensive and third party insurance cover vehicle/property damage.
If the accident occurred on the way to or from work, during work, during a recess or other break whilst attending work, etc, you may also be able to claim compensation under Workers’ Compensation scheme.
Examples of Injury Claims that can be made under CTP:
- obtain details of the “at fault” driver and vehicle involved in the accident, including their full name, address, phone number/s, vehicle registration number, owner of the vehicle they were driving; and
- obtain details of any potential witnesses, including their names, addresses and telephone contact numbers; and
- report the accident to Queensland Police immediately if they did not attend the scene of the accident (usually within 28 days of an accident); and
- take photos of the accident scene and/or any vehicle damage, where possible; and
- take photos of any obvious injuries, such as seatbelt or airbag bruising, cuts, abrasions, etc; and
- obtain legal advice as soon as possible, even if you think your injuries may resolve, as there are strict time limits that apply and you cannot be certain that your injuries will resolve.
If “at fault” vehicle can be identified
For accidents where the “at fault” vehicle can be identified, your claim should be lodged within 9 months of the accident (or within 1 month after speaking to a lawyer) and no later than 3 years following the accident (or, in the case of persons under 18 years of age, within 3 years following their 18th birthday).
If “at fault” vehicle cannot be identified
Where the accident involves a vehicle that cannot be identified (eg. hit and run) you will need to lodge a claim against the Nominal Defendant within 3 months of the accident (or within 1 month after speaking to a lawyer) and no later than 9 months of the accident otherwise the right to claim will be barred.
If you wish to claim workers’ compensation for a work-related motor vehicle accident, you must lodge the Application for Compensation and Workers’ Compensation medical certificate as soon as possible and no later than 6 months from the accident or, if a latent injury, from when the injury was first assessed by a doctor, nurse practitioner (if minor) or dentist (if oral injury).
We can help
Rees R & Sydney Jones has an experienced team of solicitors who can provide you with an initial obligation free advice on your rights and entitlements. Our firm takes on many injury cases on a “no win, no fee” basis. If you would like advice from us on any injuries sustained in a car accident, please do not hesitate to contact Partner and Personal Injury Specialist George Cowan or Personal Injury Solicitor Narelle Clark on (07) 4927 6333.