Claiming for Compensation: Motor Vehicle Accident in Queensland

If you have been injured in a motor vehicle accident you may be entitled to receive personal injury compensation for your injuries, for loss of wages, and for other out of pocket expenses.

For all claims where a CTP insurer is identified, a Notice of Accident Claim Form must be lodged with the insurer as follows:-

1. Within 9 months of the accident date or if symptoms were not immediately apparent, within 9 months of the first appearance of symptoms of your injury; or

2. Alternatively if no CTP insurer is identified a Notice of Claim Form must be lodged with the Nominal Defendant within 1 month of first consulting a lawyer about the possibility of commencing a claim.

If you are party to a car accident injury, you must report the accident to the Police. If the police have not attended the accident scene you must report the accident to the nearest police station located to the scene of the accident as soon as possible after the accident.

After lodging your Notice of Accident Claim form you may be entitled to payment of your reasonable rehabilitation costs. These costs include medical and hospital treatment and any physiotherapy or chiropractic treatments. The insurer will fund your reasonable treatment that has been recommended by your treating medical practitioners, and approved by them in advance.

In addition to receiving payment of your reasonable rehabilitation costs, you may be entitled to further compensation including;

1. Pain and suffering, loss of enjoyment of life;

2. Out of pocket expenses;

3. Any financial loss including past loss of wages and any future loss of wages plus loss of past and future superannuation;

4. Future medical expenses;

5. Payment for gratuitous care and assistance.

To better determine who is as fault, read our article on who is at fault in a multi-vehicle accident.

It is important to engage lawyers shortly after your accident. Certain information may need to be obtained in order to maximise your claim or to ensure all relevant evidence is obtained before it is too late.

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