Motor Vehicle Accidents
Who can claim compensation in a car accident?
When you get an injury in a motor accident on the roads, you can claim compensation. That is provided you are not the driver who is 100% at fault in causing the accident. If you are entitled to compensation, it comes from the Compulsory Third Party (CTP) insurance for the vehicle driven by the person who caused the accident. Some people call this green slip insurance. In Queensland, the Motor Accident Insurance Commission administers CTP claims.
The insurance comes with the registration fees paid for cars, motorbikes, trucks and the like. The driver at fault does not personally pay the claim as the insurance covers the driver and the vehicle. This insurance also covers injuries to:
- and other drivers
that are the fault of the driver of any vehicle requiring registration.
If two or more drivers contribute to the cause of a car accident, each driver may still claim in proportion to the fault of the other driver/s. See our article on when more than one driver is to blame.
Where a motor car accident involves just one car or one motorbike, passengers and pillion riders may claim for their personal injury against the driver of the single car.
Often families don’t wish to claim against “Mum or Dad” after a car crashes. However, you are claiming against the insurance company, not against your relatives or friends.
Claiming against workers compensation is also possible if you get an injury while in a vehicle at work, or even in a vehicle going to work. If an accident occurs in a shopping centre, then public liability insurance may also come into play. Even medical negligence may be a source of compensation if your injury does not get the correct treatment.
What if the cause of an auto accident can’t be identified?
Strict time limits apply! This is especially so where you can not identify the other vehicle. For example, if the other vehicle left the scene of the motor accident before you could obtain the registration number or the identity of the driver. Where a traffic incident involves a vehicle at fault that is unregistered, and hence not insured for CTP, there is a special fund called the nominal defendant that exists. From that fund, people injured in the motor accident may claim compensation for their personal injuries through insurance claims.
What do car accident lawyers do?
Following any motor accident where you have suffered injuries, you should seek legal advice for your personal injury claims as soon as you can from car accident compensation claim law firms. If you are in any doubt about your right to claim for any injury that you suffer as a result of a road accident please contact us without obligation. Because we can offer to help you on a no win no pay basis, we are No Win No Fee personal injury lawyers. We can get you a settlement from the insurance company based on the scale and type of injuries that you have.
As well as our Ipswich personal injury law office, we are available for home visits in Brisbane, Ipswich, Gold Coast, Sunshine Coast and out to Toowoomba. Our firm can practice in QLD, and also NT and northern NSW.