Motor vehicle accident claims
Road accident injury claims fall within the operation of the Motor Accident Insurance Act 1994 (QLD), the CTP scheme in Queensland.
The CTP scheme in Queensland is largely a fault-based system.
Generally, to be entitled to compensation, you must firstly establish that your injury was caused by the negligent driving of another road user. If that can be established, you will have an entitlement to make a claim for damages against the CTP Insurer of the vehicle at fault for the accident.
Such damages may include amounts for Pain and Suffering, Past and Future Loss of Income, Past and Future Out of Pocket Expenses and needs for Care and Assistance.
It is important to be aware that strict time limits apply to claims.
In circumstances where the injury may have been caused by a driver and vehicle who cannot be identified, very short time limits may apply to protecting your rights.
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How can Crew Legal help?
We provide a first consultation completely free and with no obligation. If the claim is undertaken, we will proceed with such claims on a ‘No Win/No Fee’ basis.
You may be entitled to bring a claim if you are involved in a motor vehicle accident on a road in Queensland and you were not responsible for that accident. This includes:
- bicycle riders;
- bus riders.
The legislation sets out that any person injured in a motor vehicle accident must serve a claim form on the CTP liability insurer within nine (9) months of the date of accident. If that time has passed, notice can still be given but must include a reasonable excuse for delay in serving the claim form.
However, that period of time reduces to three (3) months if the vehicle at fault for the accident was either unidentified or uninsured. The limitation period in Queensland for motor vehicle accident claims is three (3) years. If your accident occurred more than three (3) years ago and you have taken no steps to protect your rights, you may not have any entitlement to bring a claim. In general, to protect your rights, a court proceeding must be filed within three (3) years from the date of accident to preserve your rights.
It is very important to speak to a lawyer as soon as possible after any accident to ensure your rights are protected.
The legislation imposes an obligation on a CTP insurer to fund rehabilitation that is reasonable and appropriate. If you have already paid for your medical treatment, we can request those expenses be reimbursed to you. If you have suffered an injury from a motor vehicle accident, it is important to seek advice quickly so that we can liaise with the CTP insurer and put in place early funding arrangements to help get you back on the road to recovery.
Every claim is different and assessed on its own merits. An advice can only be given about how much compensation you are entitled to once all evidence (including income and medical evidence) has been obtained.
Not necessarily. Only a very small portion of claims are decided by a Court. In most cases, claims are resolved either by way of a compulsory settlement conference or mediation.
You may be entitled to recover a portion of your fees from the CTP insurer of the vehicle at fault for the accident. Whether you are entitled to recover a portion of your fees depends on whether your compensation amount exceeds thresholds set by law. It is important to note that any recovery of fees will not be enough to pay the entire costs of pursuing the claim. Generally, recoverable costs are between 50% and 70% of your total legal costs.
Every case is different. Generally, claims may take anywhere between nine (9) and 18 months to reach a resolution. Some claims take longer. This can depend on the injuries suffered and how long those injuries take to stabilise.
It is important not to settle your claim too early. We need to make sure we have all obtained all necessary evidence to ensure the best possible result for you.