If you have been injured in a motor vehicle accident, in Queensland you are entitled to make a claim against the Compulsory Third Party (CTP) insurer of the vehicle that caused the accident.

Making a motor vehicle accident claim will assist you in getting back on track and recovering from your injuries. You will have access to compensation, rehabilitation and treatment. It can also provide a lump sum damages pay-out to compensate you for the impact the injury has had on your life. Below are three ways your compensation claim may be affected.

Severity of Injuries

Following a motor vehicle accident, it’s important that you seek medical assistance to have your injuries accurately assessed. A key point in your claim will be determining the severity of your injuries. The level of compensation you receive is dependent on the severity of your injuries.

During this time, it’s important to liaise with your medical and treatment team regarding updates on your condition and gathering any medical reports, hospital discharge summaries, prescriptions and medical bills. If you have sustained injuries as a result of a motor vehicle accident, you may be eligible to claim for loss of quality of life such as pain and suffering (otherwise known as ‘general damages’).

Under the Civil Liability Act 2003, general damages are assigned a point value between zero and 100. If you are apportioned zero, you will not be awarded any damages for pain and suffering. If you are apportioned 100, you will be awarded the maximum amount of damages for pain and suffering and the injury will be classed as severe.

Depending on the severity of your injuries, your claim may also include the cost of past and future treatment, rehabilitation and care.

Evidence and Documentation

To successfully claim against another person for personal injury caused by a motor vehicle accident, you must be able to show the other person was at fault. The best way to ensure you receive the most out of your claim for compensation is to gather the relevant evidence regarding the circumstances of your accident.

This includes:

  • Taking photographs and video footage of any and all vehicles involved, as well as the car accident scene.
  • Documenting your version of events.
  • Obtaining contact information of drivers and witnesses involved.
  • Reporting the accident to the police.
  • Collecting any and all medical documents including medical reports, hospital discharge summaries, prescriptions and medical bills.

If you are involved in a motor vehicle accident and have suffered personal injuries, your ability to return to work in your previous capacity may be impacted. If this is the case and you are unable or restricted at work, you can claim for a loss of earnings.

To accurately estimate your past and future loss of earnings, it’s important to gather the following documents:

  • Income Tax Returns and Notice of Assessments for the three years prior to the date of the accident.
  • Payslips and payment summaries evidencing your earnings.

Contributory Negligence

You can still claim compensation whether you are at fault or not. Nonetheless, in Queensland, reductions to compensation apply if your own actions contributed partly or wholly to the accident.

Examples of contributory negligence arising from a motor vehicle accident most commonly include, but are not limited to, a failure to wear a seatbelt, speeding, driving as an unlicensed driver and intoxication.

The Court decides on a percentage basis the portion each party shares in the blame for the accident. For example, a finding of 40% contributory negligence means 40% of the accident and resulting injuries are the fault of the Plaintiff. The balance of that proportion then remains with the Defendant.

Get in touch with us

At Turner Freeman, we have specialist personal injury lawyers who will assess your case and provide personalised advice regarding your legal entitlements.  Our expert personal injury lawyers are placed to deal with matters throughout QLD, including meeting up at any one of our offices in Brisbane, Gold Coast, Sunshine Coast, North Lakes, Logan and Ipswich.  Contact us today on 13 43 63.