In Queensland, every car registration comes with CTP insurance. This protects you if you’re injured in a motor vehicle accident caused by someone else – whether you’re a driver, passenger, scooter rider or even pedestrian.
If your relative or dependant has died in a motor vehicle accident that was wholly or partly someone else’s fault, you can also make a claim for loss or expenses.
But there are some important factors to consider when making a car accident claim – they could affect the value of your claim. Read more below and contact Main Lawyers to see how we can help you.
What you should know about car accident claims
Unfortunately, car accidents are very common and no two accidents are the same. Here are some things you should know about claiming compensation for injury caused by a motor vehicle:
- You can lodge a claim if another vehicle driver or owner was wholly or partly responsible for the accident. If the other vehicle is registered, you can claim against their compulsory third party (CTP) insurance.
- If you were partly responsible for the crash, you may still be able to make a claim, but the compensation will be reduced.
- If the accident occurred in Queensland but the responsible party is registered interstate, you can still make a claim in Queensland. The relevant law depends on where the accident occurred, not where the at-fault vehicle is registered.
- If your accident occurred interstate, you need to make a claim to the relevant interstate authority in that state or territory.
- To make a CTP claim, you must be able to identify the at-fault driver and vehicle. If you can’t – or the vehicle isn’t registered or insured – you can lodge a claim against the Nominal Defendant, which is the CTP insurer in these situations.
- The National Injury Insurance Scheme Queensland provides lifetime treatment, care and support to people who suffer serious personal injuries in accidents on Queensland roads, no matter who was responsible.
- CTP insurance only covers personal injury. If you want to claim for vehicle or property damage, you can claim against the at-fault driver personally or their insurer. Get professional legal advice in this situation.
Factors that affect a car accident claim
If you were injured in a motor vehicle accident due to someone else’s negligence, you may be able to claim for:
- the cost of medical treatment
- rehabilitation costs
- care and assistance costs
- loss of income (past and estimated future)
- cost of care and support services
- general damages (pain and suffering) for serious injury
- some legal costs
- funeral costs and financial loss (after death of a relative or dependant).
But the amount of compensation you can receive depends on your particular accident and injury. These factors might affect the value of your claim:
- your percentage of responsibility for the accident
- the type and extent of your injury
- your current and future loss of income
- the cost of your medical treatment and rehabilitation
- how much evidence you have.
Additionally, you need to meet strict time frames at each stage of the claim. Your claim could be rejected if you’re too late lodging your paperwork.
The settlement of your claim usually occurs once:
- the insurer has decided the extent of their liability (usually within 6 months of receiving your claim)
- your injury has stabilised
- the extent of your injury is clear.
A final factor that can affect the value of your claim is the expertise of your legal team. Make sure you have an experienced personal injury lawyer with years of experience in car accident claims, like our expert team at Main Lawyers.
When it’s not worth making a car accident claim
You should never assume you can’t make a claim before you get professional legal advice. We’ve helped many clients who thought it wasn’t worth making a car accident claim.
But there are situations where you may not be able to make a claim, including where:
- you were 100% responsible for the accident
- the time limits for making a claim have expired
- you weren’t injured in the accident or your injuries weren’t directly caused by the accident.
Take advantage of our free, no-obligation consultation where we can discuss your specific situation and tell you if you have a case before you make a claim.
How much you can claim?
As we’ve discussed, the amount of compensation you may be eligible for depends on a range of factors. The highest amount ever awarded for a personal injury case was $20 million for the victim of a motor vehicle accident caused by a drunk driver. He was left with a permanent brain injury and required lifetime support.
In another case, a driver received 1.28 million for spinal injuries caused after being hit from behind in traffic. He was unable to continue working in his trade and required ongoing treatment.
You can get an idea of the average amount of compensation you could claim from previous years’ statistics from the Motor Accident Insurance Commission.
From 1 July 2019 to 30 June 2020 for accidents from 1 July 2010 to 30 June 2020, these were the average CTP claim payouts (by severity of physical or psychological injury):
- Minor – $62,800
- Moderate – $146,400
- Serious – $357,600
- Severe – $928,500
- Critical – $2,378,100
In other years, averages have been have been higher for minor and moderate injuries, while payouts for more severe and critical injuries have been lower on average:
- Minor – $82,600
- Moderate – $183,000
- Serious – $358,600
- Severe – $636,600
- Critical – $1,486,400
You can see that the payout amount depends heavily on the severity of your injury and its impact on your life. That’s why it’s so important to get the right advice about your car accident claim – so you can prove your case and get everything you’re entitled to.
If you do have to go to court?
If you do need to go to court, it’s essential to have an expert lawyer with years of experience in these types of cases. They will only proceed to court if you advise them you want to do so. But they will ensure you know all the risks and have all the information to make an informed decision.
And if you do go to court, your personal injury lawyer will represent you to ensure that your rights are protected. Contact us today to learn how we can help inform you on your options.
Getting help today
Car accidents can be complex, especially those with multiple parties and shared fault. You should always get legal advice to make sure you get everything you’re entitled to.
And with our no-win, no-fee agreement, you’ve got nothing to lose. Contact Main Lawyers today to find out more.
