Motor Vehicle Accidents
Motor Vehicle Accident Claims
If you are injured in a motor vehicle accident or when trying to avoid a road or traffic accident, and the accident is not your fault, then you are entitled to make a claim for compensation against the at fault driver. You can be a passenger, a pedestrian, a cyclist, even the driver of the other vehicle and make a claim. The claim will proceed against the compulsory third party insurer.
These types of claims are commonly referred to as CTP claims and anyone injured through no fault of their own in an incident involving a vehicle has an entitlement to make a claim through the Queensland compulsory third party insurance scheme.
All CTP claims and importantly CTP insurers are bound by the rules set out in the Motor Accident Insurance Act 2004 and Civil Liability Act 2002. As an injured person making a claim under that scheme you also have some rules you need to follow, such as:
- to be entitled to make a claim you must report the accident to the Police as soon as possible after the accident.
- your initial notice of claim must be submitted to the CTP insurer of the at fault vehicle within 9 months from the date of accident or within one month of you consulting with a Lawyer about potentially making a claim. You can be late but you need to explain why you are late.
- if you cannot identify the vehicle in the accident that caused your injury, your initial notice of claim must be submitted to the Nominal Defendant Insurer within 9 months of the accident. If you are late there are no second chances, you will be prohibited from making a claim.
- all negligence claims have a three year limitation period.
- proceedings must be commenced within three years from the date of accident.
The amount you receive in damages when you resolve a CTP claim will determine if you are also able to claim legal fees. This is often referred to as the costs threshold.
If you have any questions, please call for a free consultation.