If you have been injured in a motor vehicle collision and it wasn’t your fault you will need to submit a CTP insurance claim to the insurer of the driver who was at-fault. It is important to contact a Brisbane lawyer who will help you with the steps that you will need to follow, which include strictly adhering to deadlines.
Steps to follow after a motor vehicle accident
- Report the accident to the police as quickly as possible by dialling 000.
If the police haven’t attended the accident but you intend to file an insurance claim, you must fill in a “Report of Traffic Incident to Police” form and hand it into any police station as you will need confirmation that the accident took place. It is a legal requirement to notify Queensland Police when an accident has occurred.
- Obtain the at-fault driver’s vehicle registration number
If the vehicle is Queensland registered you can get the CTP insurer’s name online as long as you have the vehicle’s registration details. If the vehicle that caused the accident has registration in one of the other states contact the registration authority in that state. If you discover the vehicle is unregistered, which means it is not covered by CTP insurance, you can still lodge a claim against what is called the Nominal Defendant. There are strict timeframes for notifying the Nominal Defendant.
- Complete the relevant claim form
If the claim is to be lodged by a dependent or spouse of someone who was killed in the vehicle accident, the “Notice of Accident Claim Form for Fatal Injury” will need to be completed, which can be found on this website, https://maic.qld.gov.au/forms-and-guidelines/forms/forms-for-claimants/. There is a separate form for an injury that is not fatal, called the “Notice of Accident Claim Form for a Non-Fatal Injury”. Whatever form you need to complete, ensure that precise information is given about the injury and its effect on your life.
- Provide a medical certificate
If the form you need to complete is the Notice of Accident Claim Form for Non-Fatal Injury, it is important to ask your doctor to fill in the medical certificate found on the form. This is so the CTP insurer can decide the amount of money required for ongoing medical treatment and, if necessary, rehabilitation. It also outlines the type of injury/ies and gives the CTP insurer an idea of the extent of your injuries.
- The claimant’s certificate
Each person who lodges a CTP claim must now fill in a Claimant Certificate which is included with the Notice of Accident Claim Form. You are required to include the following details:
- that you are willingly filing the claim;
- that you haven’t been forced by someone else to make the CTP insurance claim;
- if you have a lawyer representing you, whether you know of someone paying a sum of money to another individual so that your claim is referred to that lawyer.
- Evidence of your identity
Anyone over the age of 15 years is required to provide a colour copy, not just black and white, of an identity document issued by the government, such as a passport or driver licence which has also been certified.
- The law practice certificate
If a lawyer has been asked to help lodge the claim, the lawyer must fill in a Law Practice Certificate when the claim is lodged, which is given to the CTP insurer responsible for the claim, and also when the settlement has been reached.
- Lodge the form
The following should now be sent to the at-fault driver’s CTP insurer:
- The claim form which has been completed in full;
- The Medical Certificate;
- The Claimant Certificate;
- The copy of an identity document that has been certified;
- The Law Practice Certificate;
- A copy of the police report, if available;
- Copies of receipts for the ambulance (if applicable);
- Copies of receipts for medical treatment including medication;
- A copy of the receipt for repairs to the damaged vehicle;
- A description of any personal effects damaged or destroyed in the accident.
Hiring a personal injury lawyer
There is never any certainty that the insurer will accept your claim, but help from one of our lawyers at Main Lawyers ensures that all the costs of the accident are included in the claim including the value of the vehicle damage. You can expect to get a more favourable settlement when we work on your behalf. We don’t ask for any upfront legal fees as we work on a no-win, no fee basis meaning you only pay the legal fees if the claim is successful. Contact us today to arrange your free initial consultation.