If you have sustained an injury as a result of a motor vehicle accident (MVA) and are thinking of making a claim for your injuries, it is important to know the “Dos and don’ts” of trying to claim compensation.

Many people think claiming compensation for MVA injuries is an easy process, however it can leave you exposed to insurance companies who have plenty of experience in defending compensation claims.

You have one shot at obtaining the best compensation outcome, so we strongly recommend you obtain legal advice from our personal injury lawyers before proceeding with your claim.

Below is a list of the dos and don’ts when it comes to claiming compensation for MVA injuries.

DON’T go it alone – seek advice from a specialist MVA injury claims lawyer

As mentioned above, insurance companies and specialist insurance investigators have extensive experience when defending MVA compensation claims. It is in their best interests to pay out as little compensation as possible for your injuries. Obtaining legal advice from an experienced lawyer who specialises in MVA compensation claims is vital so the insurer does not have the upper hand with your claim.

People are sometimes tempted to choose a lawyer solely based on price and location. It is important to choose a lawyer based on their track record and experience. When searching for a lawyer, you should ask if they have experience dealing with personal injury claims. You can usually find this information on their website or via the Law Society.

Most lawyers these days are flexible and will represent clients regardless of their location. Most lawyers are also happy to have remote meetings with their clients so don’t be put off by a lawyer that is not local to you.

It is vital to choose the correct lawyer so that you receive the maximum amount of compensation you’re entitled to.

DO report the accident to the police

You must report the MVA to the police as soon as possible from the date of the MVA. This is very important as it assists in proving that your claim is genuine and not exaggerated. Once you have reported the MVA to the police you will be provided with an Event Number. The insurer will require this to open an MVA compensation claim on your behalf. If police did not attend the scene of the MVA, you should call them as soon as possible and report the MVA.

If you have not reported the MVA within the specified time frame of the incident occurring, we strongly recommend you speak with one of our specialist lawyers who will be able to assist you.

DO keep records, especially photographs

It is vital to take photos or video of the location of the accident, all of the vehicles involved (and especially their registration plates) and the drivers and their licences.

It is very important to keep documentation of any damages and injuries sustained from the MVA. This will assist in proving the extent of your injuries. It is also important to document any receipts for medical expenses incurred from receiving treatment for your MVA injuries. We recommend you keep a folder containing these images.

DON’T settle too soon

As mentioned previously, insurance companies will try and settle your matter as quickly as possible by offering you a compensation amount upfront.

We do not recommend you accept an insurer’s first offer as our experience shows that when a person appoints a lawyer to assist with their MVA claim, they can receive a much better financial settlement.

This is another reason why it is so important to seek advice from a personal injury lawyer.

DON’T delay claiming and seeking legal advice.

MVAs need to be reported to police as soon as possible. If you don’t report the MVA because you believe your injury is insignificant and not worth making a claim for compensation, you should still seek legal advice as to your entitlements. There have been instances where injuries have worsened over time leaving the injured person with significant loss. We recommend you speak with one of our personal injury lawyers as soon as possible to prevent this from happening to you.

Conclusion

MVA injuries are common and many people receive injuries as a result. Many of these people also attempt to resolve their MVA claims on their own without the advice or support of a lawyer. Making a claim for compensation for an injury sustained as a result of an MVA can be confusing, complex and overwhelming, not to mention dealing with insurance companies who do not have your best interests at heart. This is why we strongly recommend seeking legal advice for anyone wishing to make an MVA compensation claim.

If you or someone you know wants more information or needs help or advice, please contact us on 07 3281 6644 or email mail@powerlegal.com.au.

If you have sustained an injury as a result of a motor vehicle accident (MVA) and want to claim compensation for your injuries, it is important to be familiar with the most FAQs in relation to making a claim.

Many people think claiming compensation for MVA injuries is an easy process, however it can leave you exposed to insurance companies who have plenty of experience in defending compensation claims.

You have one shot at obtaining the best compensation outcome, so we strongly recommend you obtain legal advice from our experienced personal injury lawyers before proceeding with your claim.

What do I need to do to start a claim?

Notify the police

If you were involved in an MVA and wish to lodge a CTP insurance claim for any injuries, you must complete a Report of Traffic Incident to Police Form and submit it to a police station. You will then be provided with an accident report reference number so that you can proceed with your claim.

Obtain registration numbers

In order to lodge a claim you will also need the registration number of the vehicle who caused the crash and the registration number of any other vehicle involved in the MVA.

If you were unable to obtain the registration number for whatever reason, you may have to make a claim against the Nominal Defendant. The Nominal Defendant is a statutory body which compensates people injured in an MVA as a result of the negligent driving of unidentified or uninsured motor vehicles.

Complete a claim form

You need to complete a Notice of Accident Claim Form (Non-Fatal Injury). This form can be found on the Motor Vehicle Insurance Commission’s (MVIC) website.

You will need to include an honest account of the accident, all injuries sustained and the impact on your physical and mental well-being.

Your medical practitioner must also complete the Medical Certificate part of the claim form in order for the insurer to consider funding of treatment and rehabilitation.

You will also be required to complete a Claimant Certificate as part of lodging a Notice of Accident Claim Form.

Provide proof of identity

If you are 15 or over you need to provide a certified colour copy of an accepted document such as a driver’s licence or passport.

Law Practice Certificate

If a lawyer is representing you, your lawyer must complete a Law Practice Certificate form at the start and finalisation of your claim and lodge the certificate with the insurer.

Once you have completed the above, you can then lodge your claim.

Making an MVA claim can seem straight forward, however it can become overwhelming. This is why we recommend you seek legal advice from an experienced lawyer.

Are there time limits to start a claim (and when might these be extended?)

If you are submitting a claim against a CTP Insurer, you must lodge your claim:

• nine months after the MVA or, after the first appearance of symptoms of an injury; or
• one month after a first consultation with a lawyer regarding the possibility of making a claim.

If you are claiming against the Nominal Defendant, you must lodge your claim:

• within three months after the MVA or,
• one month after your first consultation with a lawyer regarding the possibility of making a claim.

If you have not reported the MVA within the specified timeframe of the incident occurring, we strongly recommend you speak with one of our lawyers who will be able to assist you.

What’s the average time taken to finalise a claim?

This depends of the nature and complexity of your matter, generally the more complex and severe your injury, the longer it takes to finalise a claim. Also, the fact that claims are assessed individually and there may be issues about who caused the accident can impact the time taken to finalise your claim.

Our lawyers will be able to provide you with an estimated timeframe once they are familiar with the facts of your case.

What amounts might I receive?

The amount of compensation awarded is determined on a case by case basis and depends on the extent and severity of your all injuries.

According to statistics from the MAIC, the average payout for minor injuries sits at around $68,905.00, all the way up to $1,414,990.00 for severe injuries.

Our lawyers will be able to provide you with further information as to the amount of damages usually awarded for your type of injury.

Will I have to go to Court?

If the insurer denies your claim or you cannot come to a settlement agreement, you have the option of taking the matter to court where the court will decide how much compensation, if any you should be paid. We recommend you discuss this with one of our experienced personal injury lawyers as the court process can be complex.

Conclusion

Making a claim for compensation for an injury sustained as a result of an MVA can be confusing, complex and overwhelming, not to mention dealing with insurance companies who do not have your best interests at heart. This is why we strongly recommend seeking legal advice for anyone wishing to make an MVA compensation claim.

If you or someone you know wants more information or needs help or advice, please contact us on 07 3281 6644 or email mail@powerlegal.com.au.

If you are injured as a result of a motor accident caused wholly or partly by another driver, you may be entitled to compensation.

The Motor Accident Insurance Act 1994 (Qld) establishes a compulsory third party (CTP) insurance scheme which covers liability for personal injuries arising out of certain motor accidents to compensate injured parties who were not at fault or only partly to blame for their injuries.

When we refer to a motor accident most of us think about collisions involving two or more motor vehicles. However, there are a range of other incidents that may lead to injury, entitling an innocent person to claim compensation.

This article explains how CTP insurance works and the types of accidents for which compensation may be payable to those injured due to the negligence of others.

The attribution of liability for a motor vehicle accident can be complex and technical and strict time limits apply for claiming compensation. If you or somebody you know has been injured in a motor accident it is important to obtain prompt legal advice.

What is CTP insurance?

CTP insurance is mandatory for all registered motor vehicles used or intended to be used on a public road. An owner cannot register a motor vehicle without first obtaining CTP insurance, which covers the owner for legal liability for the injury or death of a person arising from the negligent use of the vehicle.

Essentially, CTP insurance applies to the relevant motor vehicle so that any act that causes injury through its negligent use (whether by the registered owner or other person with control of the vehicle) is covered.

Legal liability is placed on the registered owner and / or driver (who is indemnified through insurance) even in situations where the owner is not the ‘real’ wrongdoer. In practice, this ensures that an innocent person injured within the scope of the Act may be compensated no matter what the circumstances – for example, where injuries are sustained by a person during a collision with a stolen vehicle being negligently driven by a thief.

What is a ‘motor accident’?

The CTP scheme is fault-based, which means that compensation is not payable unless an injured road user can show that the injury was due (or partly due) to the negligence of another person.

The Act has broad application in terms of the circumstances that may lead to a compensable injury. Section 5 states that the Act applies to ‘personal injury caused by, through or in connection with a motor vehicle if…the injury –

is a result of:

• the driving of the motor vehicle; or
• a collision, or action taken to avoid a collision, with the motor vehicle; or
• the motor vehicle running out of control; or
• a defect in the motor vehicle causing loss of control of the vehicle while it is being driven; and
• is caused, wholly or partly, by a wrongful act or omission in respect of the motor vehicle by a person other than the injured person.’

This means that a collision between two vehicles need not have occurred. Injuries sustained by a person taking evasive action due to the negligence of somebody else, or in circumstances involving an out of control or defective motor vehicle, may entitle that person to compensation.

Effectively, a claim may be made by:

• a driver of a motor vehicle (whether or not the driver is the owner);
• a passenger (whether or not an injured passenger is related to an at-fault driver);
• motor cyclists and pillion passengers;
• cyclists, pedestrians and other road users.

A motor accident claim may also be made by persons witnessing an accident, family members who observe injuries or death, and dependants of injured persons.

For example, in Caffrey v AAI Limited [2019] QSC 7, a senior constable who sustained psychiatric injuries after responding to and witnessing the aftermath of an accident was awarded damages by the Court.

The plaintiff provided first aid and comfort to the driver of a motor vehicle moments before he died from catastrophic injuries after colliding with a tree. The constable also comforted and assisted the deceased’s parents who subsequently arrived at the scene.

The matter proceeded to court after failing to settle in accordance with the provisions of the Act. However, in its deliberations, the Court acknowledged that the circumstances gave the plaintiff a ‘prima facie entitlement to recourse under the statutory scheme’ having met the criteria in s 5(1)(a) and (b) of the Act.

What is a motor vehicle?

A ‘motor vehicle’ is a ‘mechanically propelled vehicle’ and a vehicle for which registration is required and includes a trailer.

Unless the motor vehicle accident from which the injury arises occurs on a road, it does not include a tractor, backhoe, bulldozer, end-loader, forklift, industrial crane or hoist, or other mobile machinery, an agricultural machine, a motor vehicle adapted to run on rail or tram tracks or an amphibious vehicle.

Uninsured or unidentified motor vehicles

A person may sustain injury on a road or in a public place due to the negligence of a driver in circumstances where the driver and / or motor vehicle is unidentified (as in the case of a ‘hit and run’ accident), or where the motor vehicle is uninsured. In these circumstances a claim may be made on the ‘nominal defendant’.

The nominal defendant is a body established under the Act and funded through registration contributions. An injured person relying on making a claim against the nominal defendant must make proper searches and enquiries to establish that the vehicle / driver could not be identified.

The National Injury Insurance Scheme

The National Injury Insurance Scheme Queensland (NIISQ) introduced in 2016 provides necessary and reasonable care and support to people who have sustained catastrophic injuries in a motor vehicle accident, irrespective of fault. The NIIS no-fault scheme has specific eligibility requirements.

Conclusion

A person may be entitled to compensation for injuries sustained through various incidents involving a motor vehicle. Time limits apply for claiming compensation and sometimes liability for an accident is unclear, so it is important to seek professional assistance to clarify your legal position and entitlement to compensation.

This article is intended to provide general information only. You should obtain professional advice before you undertake any course of action.

If you or someone you know wants more information or needs help or advice, please contact us on 07 3281 6644 or email mail@powerlegal.com.au.