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Motor Accidents

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Persons injured in motor accidents as a result of the fault or negligence of another person in one of the following situations can claim damages to the extent of their injury from the third party insurer of the vehicle/s at fault:

See also: The Claim System > Who can claim?

All Queensland registered vehicles carry a policy of insurance in respect of personal injury caused by, through or in connection with the vehicle. Companies in Queensland which insure vehicles against such claims. This is called "third party insurance" or "CTP insurance". These insurers are Allianz, RACQ, QBE and Suncorp. Third party insurance does not cover property damage to a vehicle (ie smash repairs). It is only coverage in respect of personal injury.

In all other states and territories of Australia, motor vehicles are covered by policies of CTP insurance. If an accident occurs in another state, the laws and procedures of that state¹s motor accident compensation scheme will usually apply.

There are certain types of vehicles in Queensland which are not covered by CTP insurance unless the accident happens on a road. These include backhoes, bulldozers, front-end loaders, forklifts, cranes, agricultural equipment and amphibious vehicles.

For injuries caused by trailers, special rules apply. In some cases the CTP insurer is the towing vehicle¹s insurer unless the trailer is separately registered. In other cases the insurer is taken to be the Nominal Defendant.

An accident in which you sustain an injury must be reported to the Police. A claim cannot be commenced until the accident has been reported and the police give you a Traffic Incident Number (TIN).

If a vehicle at fault was unregistered, CTP cover does not apply unless the accident happened on a road or in a public place. Public places include locations like some beaches on which vehicles are commonly driven.

Sometimes "fault" (or negligence) is attributed among persons ie between two drivers or a driver and a pedestrian. If fault is attributed in some way to the person injured, this is referred to as "contributory negligence".

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Notice of Accident

A Notice of Accident Claim (NOAC) must be sent to the insurer of the at-fault party within 1 month of the date of first consultation with your lawyer (which probably includes the date of your first telephone discussion) and no later than:

(a) in the case of an unidentified vehicle being at fault - within 3 months of the date of accident; or

(b) for any other vehicles which are identified, within 9 months of the date of accident.

There is provision for extending the 3 month period in (a) to no later than 9 months and the 9 month period in (b) to no later than 3 years if there is a reasonable excuse for a delay submitted at the time the NOAC is lodged.

The NOAC is a 20 page document. It is preferable if the NOAC is completed by one of our representatives at the initial consultation.

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Notice of Claim

The Notice of Claim is a detailed document which provides particulars of the circumstances surrounding the accident, the injuries you sustained, details of all medical treatment you have received, details of your employment history dating back three years prior to the date of the accident and details of any claim you are making for loss of income. In addition you must either make an offer to settle your claim or give reasons why you cannot make an offer at that stage.

Different time limits apply for minors (persons under age 18) and persons under a legal incapacity (e.g. mentally unsound).

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Unidentified and Unregistered Vehicles

You are entitled to make a claim even if you are unable to identify a vehicle which caused the accident or it was unregistered. The claim is made against a government body called the Nominal Defendant who acts as CTP insurer.

You must take steps to try to identify the vehicle. This includes reporting the accident to the Police and seeking witnesses to the accident by, for example, placing an advertisement in a local newspaper and interviewing residents nearby to the accident scene.

Different time limits apply for a Notice of Claim involving an unidentified vehicle (see above).

Different time limits apply for minors (persons under age 18) and persons under a legal incapacity (e.g. mentally unsound).

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Rehabilitation

If the CTP insurer admits liability (in whole or in part) then you are entitled to seek payment from the insurer for appropriate medical and rehabilitation treatment. For rehabilitation expenses, the insurer is not obliged to reimburse the claimant until the expenses have reached $200.00.

The insurer is required to pay for reasonable rehabilitation expenses eg physiotherapy and chiropractic treatment. In cases where more significant injuries have been sustained insurers often engage rehabilitation consultants to liaise with you to organise appropriate medical and rehabilitative treatment.

Disputes sometimes arise as to whether or not insurers are acting reasonably in not providing medical treatment or rehabilitative treatment when it is requested. When these disputes cannot be resolved, the only option left is for the injured person to apply to the court for an order that the Insurer pays these expenses.

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Mediation/Court Proceedings

You cannot file proceedings in Court until all pre-court procedures have been finalised..

If court action is necessary, a claim takes anywhere between 6 months and 2 years to conclude (after it is filed in court) depending upon different factors including which court you file proceedings in, delays in obtaining medical reports and delays in obtaining a trial date.

See also: The Claim System > If the claim cannot be settled out of court, what happens next?

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