If you suffer injuries arising from a motor vehicle accident, where another party was at fault for the circumstances of the accident, you may be able to seek compensation through the at fault parties’ CTP Insurer.
The At-Fault Driver
In order to seek compensation for the losses suffered as a result of your accident-related injuries, a compliant Notice of Claim must be lodged with the at-fault driver’s CTP insurer.
If the identity of the at-fault driver is unknown, you may still be able to seek compensation. In Queensland, the Nominal Defendant is a statutory body that has been established to ensure that people who have suffered an injury as a result of the negligence of the driver of an uninsured or unidentified motor vehicle, may still seek compensation for any injuries sustained.
Lodging your Claim
In order to lodge your claim with the CTP insurer, there are a number of steps that must be completed within strict timeframes.
The steps involved are inclusive of, but not limited to:-
- Ensuring the accident has been reported to the Queensland Police;
- Identifying the CTP insurer of the at-fault driver’s motor vehicle (if possible);
- Completing a Notice of Accident Claim form;
- Obtaining a CTP medical certificate from your treating medical practitioner.
Injury Related Expenses
A claimant may, upon admission of liability for the circumstances of the accident by the relevant insurer, have their rehabilitation expenses funded by the insurer during the course of the claim. This can cover out of pocket expenses for medical/allied health treatment, travel, equipment to assist with the injuries and other accident-related expenses.
For further details about this, please see our article about claiming medical expenses from a motor vehicle accident.
Assessment of Accident Related Injuries
In order to assess the extent of the injuries suffered in an accident, your injuries must reach a point where they can be considered ‘stable and stationary’. This is when your injuries have reached the maximum recovery, and your treatment providers do not consider that there will be any further improvement in or deterioration of your injuries and symptoms.
When your injuries are stable and stationary, you may be required to attend upon various medical experts to obtain medico-legal reports. The reports will typically address key matters relating to the injuries you have suffered, such as any incapacities you may now have, any loss that you are likely to suffer (including loss of capacity to engage in employment and out of pocket expenses), ongoing treatment recommendations, whether the injuries are as a result of the subject accident, or if there are any other factors contributing to your injuries such as a pre-existing injury or illness.
The expert will also assess if you have suffered any permanent impairment, which will assist in our assessment of your damages suffered from the accident.
Upon receipt of evidence regarding the impact of your injuries, it will then be possible to assess the damages that may be claimed.
Compensation for Ongoing Injury or Loss
Damages may be claimed for your accident related injuries under various categories which are broadly comprised for the following heads of damage:-
- Pain and suffering;
- Loss of income (both past and future);
- Care and assistance provided to you (whether paid or unpaid);
- Out of pocket expenses.
The amount of the damages available to a claimant will be determined based on the available evidence in respect of the injuries suffered and the impact that those injuries have had on the life of the claimant.
Contact our Personal Injury Lawyers
Strict time limits apply to bringing a claim, so we recommend that you to speak to one of our personal injury lawyers without delay if you are considering a claim.
If you are unsure as to whether you can make a claim, please contact our Toowoomba, Roma and Warwick office so we may assist with your enquiry.
Please call us today on 07 4637 6300 or contact us.
