Maurice Blackburn

Hurt in a road accident?

If you've suffered as the result of a road accident, you'll understand the stress, pain and tragedy accidents can cause. Unfortunately, the experience can often be made even worse afterwards when dealing with insurance companies.

Can I make a CTP claim?

Have you suffered an injury in a motor vehicle accident?
Was the accident caused by someone else or was it partly someone else's fault?

If your answer to both of these questions is 'yes', you may be able to make a Compulsory Third Party insurance (CTP) claim to obtain compensation for pain and suffering, loss of wages, medical expenses and more.

What injuries are covered?

All physical injuries, as long as there is a connection between the injury and the motor vehicle accident, are covered. Also covered are:

• fatal injuries (claims can be made by dependants or estates)
• injuries to babies in the womb
• pre-existing injuries made worse by the accident, and
• psychological conditions caused by the accident (including witnesses).

What types of accidents are covered?

CTP insurance covers a number of accident types, including:

• a driver injured in an accident where the other vehicle was at fault
• a passenger injured in an accident with another vehicle
• a passenger injured in a single vehicle accident
• a pedestrian hit by a vehicle
• a cyclist hit by a vehicle or hitting an opening door of a vehicle
• a motorcyclist hit by a vehicle, and
• a driver or passenger in a single vehicle accident caused by a defect in the vehicle, which caused the vehicle to run out of control.

Claims, under various schemes, can also be made for personal injuries sustained in motor vehicle accidents that occur in other States.

What expenses are covered?

When a claim is accepted, the CTP insurer normally covers all private hospital, medical and pharmaceutical expenses.

The insurer will also pay for reasonable and appropriate rehabilitation expenses, such as physiotherapy, hydrotherapy, hire of wheelchairs, crutches and psychological counselling.

Travel expenses to attend medical or rehabilitation appointments can also be claimed.

Maurice Blackburn can arrange to have rehabilitation expenses paid.

How do I make a CTP claim?

To make a CTP claim:

• report the accident to the police (if you didn't do this, your solicitors can submit a report)
• lodge the Notice of Accident Claim Form with the CTP insurer of the vehicle at fault, within the strict time limits that apply, and
• include a special medical certificate with your claim, which has been completed by a medical doctor.

Claim forms are available from the Motor Accident Insurance Commission or from Maurice Blackburn.

How long will it take?

After you have made a claim, the CTP insurer must make a decision within 14 days or request further information. Within 14 days of receiving further information, the CTP insurer must then accept or reject the claim. That begins the process.

While all cases are different, most successful claims are resolved 1-2 years after the injury stabilises. This may seem like a long time.  However it is important not to finalise a claim too early, as all of your losses may not be assessable at an early stage.

Will I have to go to court?

In more than 99% of cases, claims are resolved without going to court.

What other damages can I claim?

In addition to medical, rehabilitation and medication expenses you have already paid, you may be able to claim damages (money for your losses) in areas such as:

• pain and suffering and loss of enjoyment of life, such as the effect on your sporting and recreational activities, household and gardening activities and sex life
• income you have already lost
• income you will or may lose in the future
• future medical, rehabilitation and medication expenses, and
• home modifications, home help and nursing and attendant care.

If someone dies in an accident, can anyone else make a claim?

In cases where a person dies in a motor vehicle accident, the dependants of that person can claim for the loss of the income they depended upon. If children are involved, the claim must be made within three years of the child's 18th birthday.

If there are no dependents, the deceased's estate can claim for funeral expenses.

Who pays for it?

Owners of all registered motor vehicles in Queensland must pay CTP insurance to cover personal injuries to other people caused, or contributed to, by the driving of that vehicle.

If you lodge a CTP claim you are suing the insurer, not the driver involved in the accident. The insurer covers the cost of expenses under the CTP scheme, costs of defending an action for damages and any eventual settlement amount.

What about WorkCover?

In most cases, if your accident is linked to your work, you can make a claim under both the CTP and WorkCover schemes. Like CTP claims, WorkCover claims should be lodged quickly.

If your claim is accepted by WorkCover you can receive benefits for lost wages, which are not available under the CTP scheme. However, you won't be able to make a damages claim against your employer unless the accident was caused by negligence on the behalf of your employer.

How do I know who was at fault?

If you are not sure who caused the accident, Maurice Blackburn can conduct investigations into the circumstances of the accident on your behalf.

What if the insurer refuses to pay?

If the CTP insurer has rejected your initial claim for compensation, or if they reject your claim for a medical or rehabilitation expense, you can appeal the decision.

Will it cost anything to find out whether I can make a claim?

No. We are happy to advise you on your situation during a free first consultation. Call Maurice Blackman on 1800 072 464 to make an appointment.

What do I do after an accident?

You need to report the accident to the police if anyone is killed or injured, or if property damage worth more than $2,500 occurs. If no police officer attends the scene, report the accident to the nearest police station as soon as possible, unless injury prevents you from doing so.

Get legal advice about your injuries.