Get expert advice on your rights to compensation following an injury on Queensland’s roads.
In Queensland, road users are protected by the CTP scheme in the event of injury due the fault of someone else.
CTP stands for compulsory third party insurance as is included in vehicle registration rather than optional comprehensive insurance policies.
All road users are covered including:
Our team of specialist road and car accident compensation lawyers can help guide you through the process and understand what’s involved.
Strict time limits apply so it’s important to act quickly. Contact us now and one of our expert personal injury lawyers will review your case for free and let you know if it’s worthwhile pursuing a claim.
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What are the most common road and car accident injuries?
Common injuries from car and road accidents include:
Most common causes of car and road accidents
According to the National Road Safety Partnership Program the most common causes of road fatalities and car accidents causing serious harm are:
- being distracted (including the use of mobile phones); and
- the use of alcohol or drugs
Types of Car Accidents
The Motor Accident Insurance Commission keeps statistics about road accidents. By far the most common type of car and road accidents in Queensland are multi-vehicle accidents with cars travelling in the same direction (making up 50% of all accidents). The classic rear-end collision would account for many such accidents.
The second most common cause of car accidents are intersection accidents (about 20% of all crashes) and next are vehicles travelling in opposite directions such as head-on impacts and so on (13% of all accidents).
Despite what many of us might expect, only 1.2% of accidents involve an overtaking manoeuvre.
How long does a car accident compensation claim take?
This depends on the complexity of the case but in our own experience, most cases are resolved within about 12-18 months.
The biggest factor determining how long a claim takes is the length of time it takes the person’s injuries to settle down to a level where you can reliably predict the future. The nature of the injuries suffered in the accident naturally impacts on that.
Usually though, it will take anywhere between 6 to 12 months for that to occur. The more severe or complicated the injuries then the longer it generally takes.
Once the symptoms have plateaued, appropriate medical evidence can be obtained. You will then typically commence settlement negotiations with the insurer (culminating in a formal settlement conference if required) within a few months of that occurring.
The data lodged by CTP insurers with the Motor Accident Insurance Commission reveals that the average duration for a claim is approximately 17 months. Those average take on board the shorter and longer claims.
What does a car accident injury claim compensation for?
People injured in a motor vehicle accident are entitled to common law damages. What that means is that you’re able to claim compensation for any loss that is directly related to your injuries.
The most common categories of compensation are:
- lost earnings (in the past and into the future)
- an amount for pain and suffering
- medical expenses (fees from hospitals and doctors, x-ray centres and so on)
- rehabilitation and therapy costs (physiotherapists, chiropractors, massage therapists, acupuncturists and so on)
- future medical costs (such as ongoing therapy or surgery)
- travel costs
- cleaning, gardening and maintenance costs
- care and assistance from others.
- In some instances, you can also recover a component of your own legal costs
Government statistics indicate that in car accident compensation claims the proportion of damages awarded in each claim on average is:
- Loss of Earnings - 57%
- Pain and Suffering - 29%
- Medical and care - 14%
Again, the key here is that you are able to recover any expense or loss that has been incurred or will be incurred in the future that has arisen because of your injuries.
Every person has their own individual needs and consequences. So care needs to be taken to ensure that appropriate evidence is obtained to identify the true costs which arise from a motor vehicle accident.
A blanket or generalised approach will result in a person missing out on appropriate levels of compensation.
Remember, strict time limits apply too. So seeking early advice about your legal options is highly recommended.
How much will my road or car accident claim be worth?
The value of an injury claim is very much tailored to the individual and their own circumstances.
That is one of the key benefits of the common law system which applies to car accident claims in Queensland (rather than an artificial lump sum allowance some other insurance schemes provide).
After all, two people can suffer the same injury and have very different outcomes. A highly trained surgeon might lose a finger in an accident and have their career completely destroyed because of that. But an office worker with the same injury might lose very little income.
The nature of the individualised assessment process involved in claiming compensation makes it more difficult to provide other than generalised information because of that.
The data recorded by the Motor Accident Insurance Commission over a decade tells us that the average payments made in claims (according to their injury categorisation) are:
- Minor injuries = $62,800
- Moderate Injuries = $146,400
- Serious Injuries = $357,600
- Severe Injuries = $928,500
- Critical = $2,378,100
The best way to determine what the likely value of your claim will be is to speak with an appropriately qualified and experienced personal injury lawyer.
Critical time limits are in place that could impact on your right to make a claim. Speaking with a personal injury law specialist at an early stage is an important first step in protecting your rights.
What is CTP insurance?
CTP insurance stands for compulsory third party insurance and forms part of the vehicle registration requirements and costs in Queensland.
CTP insurance covers personal injury claims against the at-fault driver in an accident. Everything is handled between the motor vehicle injury law firm acting for the injured party and the CTP insurer. The at-fault driver is not left out of pocket.
Note: CTP does not cover third party damage to other vehicles or property.
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