There’s a common misconception that if you were injured in a motor vehicle accident you can claim compensation. This isn’t necessarily true as it depends on the circumstances of the accident, and in particular who is at fault. In this article we outline how to determine whether you might be eligible for compensation.
If you’re figuring out whether you might be eligible for injury compensation after an accident, ask yourself the following key questions:
- Were you at fault?
- Can you prove the other driver was at fault, or were you a passenger, or pedestrian?
- Are you still within the time limit for claiming compensation?
Can you prove the other driver was at fault?
Proving who is at fault in a motor vehicle accident can become complex in certain circumstances, such as a multi-vehicle accident, but is sometimes more straightforward. Generally, the person at fault is the one whose driving breached road rules, such as failing to stop at a red light or failing to give way at an intersection. The other driver is also usually at fault if they rear-ended your vehicle, or otherwise failed to keep a proper look out, or failed to drive appropriately in the circumstances.
Read our article about the main causes of car accidents and your rights to learn more about some of the most common contributing factors and what to do.
Were you at fault?
If you failed to take reasonable care when driving and this caused the accident, you are most likely at fault. You may be at fault if you:
- Rear-ended another vehicle because you were not maintaining a safe following distance
- Ran a red light or stop sign
- Failed to give way when required
- Merged unsafely into traffic
- Were driving under the influence of alcohol or drugs
- Were speeding
- Were distracted at the time of the accident (for example, using your phone)
- Reversed into another vehicle or pedestrian because you weren’t looking.
Fault is not always black and white and can be shared by both parties. There may also be other contributory factors, such as poor signage, road defects, or sudden hazards, that need to be taken into account. If you’re unsure where you stand, we’d recommend getting in touch for a free case review.
What if no one is at fault?
Sometimes a motor vehicle accident occurs where no one is at fault. Examples include sudden medical episodes, unavoidable hazards, unforeseeable weather events, mechanical failure, and multi-vehicle chain reactions. When no one is at fault, you are not able to claim through Compulsory Third Party (CTP) insurance in Queensland, because it is a fault-based scheme. If you’ve been injured in an accident and believe the other driver may be at fault, contact our team for a free case review.
Are you still within the time limit for claiming compensation?
Strict time limits apply to motor vehicle accident injury claims, due in large part to the need to preserve evidence. If a CTP insurer has been identified, you’ll need to lodge a Notice of Accident Claim Form directly with them within the following timeframes:
- 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.
- 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, within 3 months of the accident, and absolutely within 9 months of the accident.
If these timeframes have passed, and you know the registration number and CTP insurer, the right to claim is generally extremely limited. It is sometimes possible to lodge a claim after this time, but it is difficult and not guaranteed. We recommend seeking legal advice as early as possible to protect your entitlements.
If you do not know the insurer and 9 months has passed since the accident you will be barred from bringing any claim against the Nominal Defendant absolutely.
What if my car isn’t registered?
If the other driver is at fault and your vehicle isn’t registered, you may still be able to claim injury compensation. This is because your claim is made against the other driver’s CTP insurance, not your own. You will, however, still receive a fine for driving an unregistered vehicle.
What does the compensation claim process look like?
CTP insurance is built into your registration fee every year in Queensland. If you want to learn more about what it is, what it covers, and what you may be entitled to, read our CTP insurance guide. We’ve outlined the nine-step claims process and how CTP claims are dealt with by the insurer.
What does the compensation process look like for truck drivers?
If you are a truck driver injured in a motor vehicle accident while you were in the course of your employment, your claim process may have some differences to a standard car accident. For example, you may be entitled to both CTP compensation and WorkCover Queensland compensation. Truck drivers may suffer from injuries resulting from an accident, or due to working conditions. Either way, it’s important that you receive the compensation you’re entitled to in order to support your recovery.
What to do if you are injured in a motor vehicle accident
In the immediate aftermath of a motor vehicle accident, it can feel overwhelming—and the steps you take can impact any future compensation claims. From your legal obligations at the scene of the accident, to what details to collect, and when to involve police, find out what to do in our minor accident guide.
Can I make a car crash passenger claim?
Motor vehicle accident injury claims don’t only apply to the drivers. Passengers often don’t know that they also have a right to claim compensation for an injury they have sustained in an accident. This claim is brought against the at-fault driver through the CTP insurer of their vehicle, and depending on the circumstances this could be the vehicle you were a passenger in.
The risks of self-represented CTP claims
Are you weighing up whether to contact a lawyer or lodge your injury claim directly with the CTP insurer? While insurers actively encourage Queenslanders to lodge directly with them, statistics from MAIC year on year show that self-represented claimants don’t get anywhere near the maximum compensation they are entitled to. Those who get legal representation receive an average 7.5 times more compensation than those who choose to lodge directly with an insurer.
Before assuming that handling your own claim will save you money, read our article about the trouble with self-represented CTP claims for a breakdown of the data and questions you should ask. This choice can have a significant impact on your compensation and recovery, so we’d recommend knowing the facts before you decide.
What help is available for my recovery?
Adjusting to life with an injury can come with a range of challenges depending on the severity of your condition. During this time, having the right support in place can make a real difference. You may be juggling a lot, so we’ve written an article outlining some of the key support options available to you. This support includes:
- Rehabilitation compensation through CTP insurance
- The National Injury Insurance Scheme assistance for serious personal injury
- Medicare and private health refunds
- Mental health support
- WorkCover Queensland compensation for work-related motor vehicle accidents.
Find out if you are entitled to motor vehicle accident injury compensation
If you were injured in an accident and think you may be entitled to injury compensation, get in touch with our lawyers for a free case review. We will assess whether you may have a strong claim and the best next steps; with no obligation and no cost.