I have been injured in a motor vehicle accident. Can I make a claim for damages?
If you have suffered a personal injury in Queensland as a result of a road accident, you may be entitled to claim compensation under the Compulsory Third Party (‘CTP’) Scheme. The CTP Scheme covers accidents including:
A pedestrian hit by a vehicle;
A passenger injured in an accident where the accident was caused by the driver of that vehicle or driver of another vehicle;
A motor cyclist or cyclist hit by a vehicle; and
A passenger in a single vehicle accident.
To be successful in a claim it must be proven that the driver of the vehicle that caused the accident was at fault or partly at fault.
You may also be able to make a claim if you witnessed a motor vehicle accident and subsequently suffered a psychiatric illness.
What if my family member has died in an accident?
If a person is killed in a motor vehicle accident and that person was not at fault, and can prove that the driver / owner of another vehicle was at fault for which there is a CTP Insurer, then the spouse and/or children of the deceased person can make a claim against the CTP Insurer of the at fault vehicle. This is called a loss of dependency and services claim. Please contact White Jordin Lawyers for more information about these claims.
What if I don’t know who the driver of the other vehicle was?
The driver of a vehicle has left the scene of the accident;
The vehicle could not be identified; or
The vehicle was unregistered
then urgent notification has to be made to the Nominal Defendant within 3 months of the accident. If you have any concerns please contact White Jordin as soon as possible so that we may investigate the claim for you.
What happens after the motor vehicle accident?
What happens after the motor vehicle accident? – 1
The first thing you must do is to report the incident to the police if they have not already attended the scene of the accident.
What happens after the motor vehicle accident? – 2
Once you contact White Jordin Lawyers, we will do a search to find out who the CTP Insurer of the vehicle responsible for the accident is.
What happens after the motor vehicle accident? – 3
A document called a Notice of Accident Claim Form will be completed for you to sign. This form includes a medical certificate to be completed by your doctor. This form is then served on the CTP Insurer.
What happens after the motor vehicle accident? – 4
If you require rehabilitation we are able to request the CTP Insurer to assist with payment of rehabilitation if liability for the accident is not in dispute. While you focus on getting better we will begin to put together your claim.
What happens after the motor vehicle accident? – 5
Once your injuries are stable you will be assessed by medical specialists so that your permanent impairment can be determined.
What happens after the motor vehicle accident? – 6
We will then prepare a document called a Statement of Loss and Damage which sets out all the components of damage that you are entitled to claim. These may include:
1. Pain and suffering and loss of amenities (includes enjoyment of life)
2. Out of pocket expenses (medication, treatment, gaps in doctors’ fees etc.)
3. Travelling expenses
4. Care provided by your partner, family or friends
5. Care you have paid to a carer/nurse, cleaner, gardener, etc.
6. Past loss of wages
7. Future care
8. Future loss of wages
9. Future medical expenses including operations, physiotherapy etc.
10. Future equipment needs
11. House and vehicle modifications
12. Compensation for any reduced life expectancy as a result of your injury
13. If you do not have capacity to manage your funds, costs associated with administration and management fees.
What happens after the motor vehicle accident? – 7
We then schedule a conference with the CTP Insurer to negotiate settlement of your claim.
If your claim does not settle at the conference further attempts at settlement can be made and as a final option court proceedings can be started.
How long does it take?
In most cases, claims are finalised within 12 months after the assessment of your injuries has taken place.
How much will it cost me?
You only have to pay for our legal services if we are successful at obtaining a settlement of your claim.
If your damages are over a certain amount (we can give this to you when you speak with us), you can recover part of your legal fees and generally all the outlays from the CTP Insurer in addition to your damages.
My accident occurred outside of Brisbane, can you still help?
Yes. We can help you with accidents occurring anywhere in Queensland.
I am not happy with my current lawyer, can you help?
If you are not satisfied with your current legal team we may be able to have your file transferred to our office. This usually can be done fairly simply, with the payment of outlays being made to your existing firm and legal fees being payable on finalisation of your claim.