FAQs about your motor vehicle accident claim – Queensland

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.