Car Accident Compensation Brisbane

In particular, we understand that you and your loved ones may still be in recovery and simply don’t have the capacity to even think about how to start the claims process. Our experienced lawyers are here to assist you in traversing the aftermath of the car accident and in seeking compensation for your losses. 

We’ve put together this comprehensive guide to claiming compensation under Queensland law. In this article, we’ll walk you through which traffic accidents are covered, the steps involved when claiming compensation, the types of damage that can be claimed, and how much compensation you can expect. 

How does car accident compensation work in Brisbane? 

In Brisbane, the car accident compensation process is governed by the Motor Accident Insurance Act 1994 (Qld). Moreover, to successfully claim compensation after a car accident, you must not be “at fault”, so the accident must have been caused by someone else. Fortunately, you don’t need to have insurance to claim because your injuries are covered by Compulsory Third Party (CTP) insurance, which is mandatory throughout Queensland. 

So, your compensation will usually be paid out by the other driver’s CTP insurance. In addition, even if you can’t identify the driver (e.g., in a hit-and-run incident) or if the driver is not insured, you’ll still be able to claim compensation.  

What traffic accidents types are covered by compensation?

There are many car accidents types that you can claim compensation for. If your incident and/or insurance claim are similar to any of the scenarios listed below, then you’ll very likely have a successful compensation claim. However, remember to consult with your car accident lawyer in Brisbane to discuss your claim and what you’re entitled to in detail. Here is a list of the most common accidents and claims:

• Another driver has failed to give way to you, causing an accident
• You were a motorbike rider or pillion passenger injured in an accident
• You were a pedestrian that was hit by a car
• You were a cyclist that was hit by a car whose driver was at fault
• You were a passenger in a car driven by someone else and suffered injuries in an accident
• You were injured in a hit-and-run by an unidentified driver
• You were driving a recreational vehicle or a van, truck or bus and were injured in a car accident

It’s important to note that if you were partly at fault (meaning your actions partly contributed to the road accident), and you have been injured, you may still be awarded compensation. In these circumstances, the compensation amount awarded will likely be reduced. 

Car accident compensation: A step-by-step guide

1. Report the car accident to the Queensland Police. Call 000 or 131 444 if someone is injured, if a car needs to be towed, or if the police need to clear hazards and redirect traffic. 

2. Seek medical attention even if your injuries seem minor, as records of your injuries will be essential in seeking compensation for your injuries. Sometimes you may feel perfectly fine, but symptoms may only show up later. As the saying goes, it’s better to be safe than sorry. So, after a car accident, it’s best to seek medical attention immediately. You should also ask your doctor to fill out the medical certificate component of your car accident claim so that it is completed correctly. 

3. Identify the driver at fault. You should exchange details with the other driver after the accident. However, if you cannot obtain the vehicle owner’s name but have their registration number, you can search for the owner’s details in a Queensland Motor Vehicle Register search. To apply, you must be able to provide one or more of the following:

   • a police traffic accident report if the police were involved in investigating the accident

   • a letter of request prepared by your insurer or solicitor

   • a statutory declaration describing the accident and a repair quote

   • a statutory declaration outlining an off-road incident and any property damage caused, accompanied by any witness statements. 

4. Complete a claim form. Claim forms are available on the Motor Accident Insurance Commission website or the relevant CTP insurer’s website. Submit the completed form to the at-fault driver’s insurer. This step should be done as soon as possible for compensation to be processed quickly. If the accident was partly your fault, the other driver will likely complete their own claim form to file their car accident compensation claim with your insurer. 

5. Cooperate with the CTP insurer, which may involve complying with requests to have medical examinations and providing documents. 

6. Negotiate a settlement if possible. It’s best to get a car accident or personal injury lawyer to assist with your negotiations. This will ensure that you receive fair and adequate compensation. It is in the best interests of all the parties involved to settle a claim without going to court.

7. Mediation and litigation. If you and the other parties are unable to achieve a settlement, the case may need further mediation and litigation steps. You will need legal representation if this occurs. Notably, it is rare for car accident compensation matters that we take on to proceed to court. 

8. Receiving compensation will occur either once a settlement is reached or a court decision is handed down. The compensation amount will be paid by the CTP insurer. On the other hand, when the at-fault vehicle is unidentified or uninsured, you can file a claim against the Nominal Defendant. In these instances, the Motor Accident Insurance Commission’s Nominal Defendant Fund will pay the compensation.

Which types of damage can be claimed in car accident compensation?

1. Pain and suffering

   The law refers to this as general damages, which also include loss of enjoyment of life. This can include the injury’s effect on your day-to-day activities and any way that your life has changed since the accident. These damages are calculated on the extent and permanency of the injuries and need to be proved with medical evidence.

2. Past and future medical expenses

   This includes visits to the GP, surgery costs, medication and rehabilitation, such as physiotherapy to treat your injuries.

3. Economic loss

   If your injuries have kept you from working or reduced the amount you can work, you can receive compensation for both past income loss and expected future earning loss. This is assessed by calculating the injured person’s age, occupation and expected future earning capacity.

4. Superannuation entitlements

   If you have lost payments to your superannuation through lost income earnings, you can recover these contributions. This also applies to super entitlements you might lose in the future due to your injuries.

5. Care provided to you by family and friends 

   If the injuries you suffered require your family or friends to care for you, compensation may be claimed for this type of care (commonly referred to as gratuitous care). Compensation is based on the level of care needed, associated costs, and whether the need for care is ongoing.

6. Out-of-pocket expenses

   There are many incidental expenses that you may have to cover after suffering an injury in an accident, and these can often be claimed. They can include parking costs at hospitals and travel expenses. Remember to keep receipts of the actual expenses you’ve incurred.

7. Interest

   Interest may be awarded from the date of the accident to the date of settlement or judgement on both past economic loss and out-of-pocket expenses due to the injuries suffered.

Car crash: Important points to remember 

• If you have caused a car accident, you may be charged with a criminal offence under Queensland law. Anyone who is involved in a traffic accident must provide the police with information that helps identify:
  • the vehicle’s owner and/or registered owner
  • the person in possession of the vehicle
  • the identity of anyone who can give the police the above information if you are unable to supply it. 

• If you make a claim for motor vehicle accident compensation or personal injury, there are strict time limits that apply:
  • For personal injury claims, you generally have up to three years from the date of the accident to litigate your matter and commence court action. 
  • If your car was damaged, but there was no personal injury, you have up to six years to make Queensland road traffic accident compensation claims. 
• Keep detailed records of the car accident and how it has affected your life, work, and ability to carry out your everyday activities. You may also experience changes in your ability to participate in sports, social events, and other recreational activities – record all of these changes. As noted above, these would fall under pain and suffering damages and can all have an impact on the assessment of compensation. Be sure to give your lawyer all of this information as well. 

How much compensation can you expect to receive from a car accident?

Each individual case is assessed on its merits, which include the severity of injuries, financial loss incurred by the individual, and the impact the car accident injuries have had on the individual’s life. This makes it difficult to provide standard amounts that a person might receive if they are injured in a motor vehicle. 

Consultation with a law firm that specialises in motor vehicle accident claims will provide a more accurate estimate in assessing the personal details of your case. 

We’ve summarised the average CTP payouts according to data published on the Queensland Government’s Open Data Portal below. This data covers claims made in the last ten years. (It’s important to note that these are average amounts. Your claim and what you are paid out are based entirely on your unique circumstances.) 

Minor injuries

• These comprise superficial injuries that usually require first aid but will not substantially affect your everyday activities. For example, headaches, neck and shoulder pain, whiplash, minor fractures, soft tissue injuries, and emotional distress. 
• The average CTP payout for minor injuries is currently $82,100. 

Moderate injuries

• These injuries would require visits to the emergency room but would not usually require hospitalisation. For instance, broken bones, soft tissue injuries, and moderate traumatic brain injuries. Moderate injuries will often affect your quality of life for around six months. 
• The average CTP payout for moderate injuries is $197,900. 

Serious injuries

• These injuries are not life-threatening, but they do require hospitalisation, and would affect your ability to function normally for more than six months. 
• The average CTP payout for serious injuries is $395,900. 

Severe injuries

• These are life-threatening, but have a high survival rate if treated immediately. For example, severe traumatic brain injuries, spinal injuries, and multiple severe fractures. These injuries often lead to lifelong disabilities. 
• The average CTP payout for severe injuries is $687,200. 

Critical injuries

• Survival from these injuries is often uncertain. These injuries lead to long-term disability that cannot be recovered completely. 
• The average CTP payout for critical injuries is $1,968,500. 

How can we help you?

Legal advice can help you navigate the confusing and stressful disputes that can occur between drivers. The process often becomes even more demanding when insurance companies get involved. Consequently, having legal representation to handle or advise on disputes prior to and during negotiations can make a world of difference in the success of your claim. 

Our team of expert lawyers in Brisbane will work to resolve and settle the matter out of court, as we understand that the last place you want to be after suffering an injury in a motor vehicle accident is court. WT Compensation Lawyers provide legal representation on a No Win, No Fee basis, which means that you will not have to pay us anything unless we win your case. If you decide not to pursue your claim, you will not be charged, as we do not lock you into a contract. 

We are dedicated to keeping our costs to you as low as possible. Our hourly rates are fixed and are much lower than our major competitors, as we are a 100% locally run company that is not publicly listed on the stock exchange. This means that we are here to serve you and not the interests of shareholders seeking profits. We also do not spend advertising money on billboards or TV ads, so we do not have to offset that cost by passing it on to you. 

Contact us today at 07 3924 9544 or get in touch via email, and let us support you on your journey to fair compensation.

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