Motor Vehicle Accident Claims in Queensland

If you have sustained an injury in a road accident—whether as a driver, passenger, pedestrian, or cyclist—you may have rights under the Motor Accident Insurance Act 1994 (Qld). This legislation governs the Compulsory Third Party (CTP) insurance scheme, which provides for individuals injured due to the negligence of another party.

Kare Lawyers provides legal representation and advice regarding the procedural requirements of motor vehicle accident claims in Queensland.

What is Covered under a CTP Claim?

In Queensland, CTP insurance is a mandatory scheme that provides for personal injury expenses. It does not cover damage to vehicles or property. Potential statutory entitlements for personal injury may include:

• Medical and Rehabilitation Expenses: Reasonable costs for hospital, surgical, and therapeutic treatments.
• Economic Loss: Advice on entitlements regarding past and future lost earnings.
• General Damages: Compensation for pain, suffering, and loss of amenity, calculated according to statutory scales.
• Care and Assistance: Costs associated with professional or domestic care if specific injury thresholds are met.

Types of Motor Vehicle Claims

1. CTP Insurer Claims: Lodged against the insurer of the at-fault vehicle.
2. Nominal Defendant Claims: Applicable if the at-fault vehicle is unidentified (e.g., hit-and-run) or uninsured. See below for importnant information.
3. Fatal Accident Claims: For dependents of individuals involved in a fatal road accident.

Procedural Steps and Time Limits

Queensland law imposes strict timeframes for lodging a motor vehicle accident claim. Generally, a Notice of Accident Claim Form must be lodged:

• Within 9 months of the accident, or 1 month after first consulting a lawyer.
• For Nominal Defendant claims (unidentified vehicles), a shorter limit of 3 months typically applies to the lodgement of a compliant notice.

Our practitioners assist in the preparation and lodgement of the mandatory Version 7 forms required for these proceedings.

The Nominal Defendant Warning (For Road Accident Page)

Statutory Notice: Unidentified or Uninsured Vehicles

If you have been involved in a motor vehicle accident where the at-fault vehicle is unidentified (such as a hit-and-run) or uninsured, your claim may be managed by the Nominal Defendant.

Important Time Limit: Strict statutory requirements apply to these claims. In most circumstances, a compliant Notice of Accident Claim Form must be lodged with the Nominal Defendant within three (3) months of the date of the accident.

Failure to meet this three-month requirement may result in the loss of your right to seek compensation unless a “reasonable excuse” for the delay can be provided and accepted. We assist individuals in preparing and lodging these notices within the required statutory timeframes.

Our practitioners provide factual legal guidance throughout the claims process. We offer:

• Legal Advice on Statutory Rights: Helping you understand the operation of the law of negligence in Queensland.

• Speculative Fee Arrangements: We offer “no win, no fee” arrangements in accordance with the Legal Profession Act 2007 (Qld).

• Management of Procedural Steps: Handling the mandatory conferences and mediation required before a matter can proceed to litigation.