Palmers Compensation Lawyers are experts in all aspects of personal injury law, including motor accident claims. If you have questions about bringing a motor accident claim, feel free to contact us on 1300 388 383 for FREE legal advice about your case, or you can Request a FREE Case Appraisal via one of our request forms on our website, for an instant response.
Your enquiry will be taken by an Expert in motor vehicle accident claims, who has previously worked for and been trained in motor accident injury claims by Queensland’s major Compulsory Third Party motor vehicle insurer.
Our Expert is available to you 24 hours a day, and your consultation will be CONFIDENTIAL, FREE of charge & there’s NO OBLIGATION.
Below, you will find important information about what constitutes a motor accident claim, your compensation entitlements and information you need to know to ensure your motor accident claim is protected.
WHEN DO I HAVE A MOTOR VEHICLE ACCIDENT CLAIM?
If you have suffered personal injury as a result of a car accident or incident involving a motor vehicle, caused by the fault of another, then it is very likely you will have a Compulsory Third Party motor accident claim under the Motor Accident Insurance Act 1994. If so, you will be entitled to compensation for your pain and suffering and any resultant loss and damage you have sustained because of your accident injuries.
Even if the motor vehicle accident or road incident causing your injuries was partly your fault, you may very well still have a worthwhile claim to pursue.
Unlicensed Driver / Stolen or Unregistered Vehicle
If you are concerned that, at the time of the accident, the at-fault vehicle was stolen, or its driver was unlicensed, you need not be, as this does not negate your right to bring a motor vehicle accident claim against the insurer of the at-fault vehicle. And if the vehicle causing the accident was unregistered, as long as the accident occurred on a road, you will still have a car accident claim to pursue against the Nominal Defendant, a government body that acts as the insurer in such case.
Unidentified at-fault vehicle
Similarly, in cases where the vehicle responsible for the accident is unidentified, the Nominal Defendant will step in to act as the insurer, so you can still bring a motor accident claim for injury compensation even where you do not know the identity of the at-fault vehicle.
Failure to wear a seatbelt or helmet
And if you are concerned you do not have a motor accident claim because you were not wearing a seatbelt or helmet as required at law at the time of the accident, then again, you need not be, as this does not negate your right to claim compensation. It may however reduce your injury compensation amount if it is shown that your injuries would have been lessened by the use of the unworn seatbelt or helmet.
WHO PAYS FOR MY MOTOR ACCIDENT CLAIM?
Every car, truck, motorcycle and all other motorised vehicles being driven on roads in Queensland, and throughout Australia, are required to be registered. Part of the registration payment you make when registering your vehicle annually, is to provide for Compulsory Third Party Insurance (CTP Insurance) on your vehicle with a CTP insurer in Queensland. This CTP Insurance operates to insure you, and any driver of your motor vehicle, against personal injury claims arising from the wrongful or negligent operation of your vehicle.
CTP Insurance also ensures that all those injured on our roads due to the wrongful act of another, will be able to claim compensation for their injuries against an insurance company, able to meet the cost of their personal injury claim.
The CTP Insurer pays for your personal injury compensation – NOT the driver
So if you’re injured in a car, truck, motorcycle, bicycle or pedestrian accident, caused by the fault of another, you can claim injury compensation against the at-fault driver, and it is the CTP insurance company of the at-fault vehicle that will be required to pay for any personal injury compensation or damages you are entitled to under your motor accident claim – not the driver.
Where a friend or relative is the at-fault driver – the CTP insurer pays for your claim, NOT the driver
This is usually a huge relief for those injured in car accidents where their friend or family member is the at-fault driver, because they do not have to worry that their friend or relative will be paying for their personal injury compensation should they bring a motor accident claim. It is the CTP insurer of the at-fault vehicle that will be required to meet any compensation payment, and NOT their friend or relative.
The Nominal Defendant acts as the CTP Insurer where the vehicle is unregistered or unidentified
And in cases where the at-fault vehicle is unregistered or cannot be identified, and there is therefore no CTP insurer, as indicated above, the Nominal Defendant is a government body that has been specifically set up to step in and act as the CTP insurer in such cases.
SHOULD I BRING A MOTOR VEHICLE ACCIDENT CLAIM?
Motor vehicle accidents give rise to a variety of injuries, from minor jarring injuries to catastrophic injuries involving brain trauma, amputation injuries, serious internal injuries and paraplegia.
If you have suffered serious injuries in a motor vehicle accident, you really have little option but to bring a motor accident claim so that you are fully compensated for your pain and suffering and loss of amenities of life, loss of earning capacity, and the significant ongoing medical and care costs you will most likely incur into the future because of your injuries.
In the case where injuries sustained in a motor vehicle accident are considered minor, then often people are uncertain as to whether they should bring a motor accident claim or even if they have a claim to pursue. However, minor injuries can be insidious in nature, and what may appear to be a minor injury following an accident, can develop into more significant injuries later on, causing chronic pain and permanent restriction in daily living, recreational, domestic and employment activities.
Whiplash injury claims – even minor whiplash injuries can become major ongoing problems
A good example of this are Whiplash or jarring injuries to the neck and back. Whiplash & jarring injuries are common injuries in motor accident claims. They are caused by the sudden acceleration/deceleration jarring motion that occurs in a car accident on impact. Many believe these types of injuries are minor injuries that will recover with no ongoing problems within a short period following their accident, and don’t consider it worthwhile or necessary to bring a motor accident claim. But so often this is just not the case.
As personal injury lawyers we regularly see simple whiplash and jarring injuries to the neck and back developing into long term problems for the sufferer, causing recurrent migraines, chronic back and neck pain & spasm, radiating pain and weakness into the shoulders, upper and lower limbs, and significant interference with movement, mobility and functioning, including restriction with bending, reaching, standing, sitting and walking. Such injuries can even result in the need for spinal surgery within months or years of the accident occurring.
In fact, statistical data from the Motor Accident Insurance Commission (MAIC), Regulator of the Motor Accident Insurance Scheme in Queensland, indicates that of the 5,100 motor accident claims in the 2016 financial year, 71% of those claims were for minor injuries & 61% were due to neck & back injuries.
Don’t rely on self-assessment of your injuries – minor injuries can become major injuries later on
If you have suffered any injury in a motor vehicle accident, whether you consider it to be minor or serious, you should take steps to investigate whether you have a motor accident claim to pursue. Don’t assess your injuries yourself and place yourself and those who rely upon you at risk by not bringing a claim and then being unable to do so when your injuries deteriorate over time.
Palmers Compensation Lawyers are experts in motor vehicle accident claims. We handle all types of motor accident claims, from minor injuries to catastrophic injuries. We can advise you as to whether you have a worthwhile claim to pursue.
TIME LIMITS APPLY TO PERSONAL INJURY CLAIMS
There are strict time limits that apply to bringing car accident claims in Queensland, which if missed, can result in you losing all rights to claim for injury compensation.
There are also time limits that apply to notifying the CTP insurer or Nominal Defendant of your motor accident claim, which if not complied with, may bar you from proceeding with your claim. In particular, time limits for notifying the Nominal Defendant of your claim in circumstances where the at-fault vehicle cannot be identified are especially strict, requiring proper notice to be provided within 9 months of your accident, failing which, you will lose all rights to claim for injury compensation.
Complex legislative procedure must be complied with to ensure your claim is protected
You should also be aware that personal injury claims and how they run, are governed by specific legislation in Queensland. This legislation requires that certain procedure must be complied with before you can proceed with or progress your motor accident claim, or ensure it is protected. These legal processes can be quite complex and time consuming. It is therefore important that you take steps to protect your motor accident claim as soon as possible by seeking legal advice from motor accident claim experts.
To find out whether you have a motor accident claim to pursue and what you need to do to ensure your claim is protected, CALL US on 1300 388 383 and we will be more than happy to assist you. Your enquiry is 100% FREE of charge, confidential and there is no obligation.
WHAT INJURY COMPENSATION & DAMAGES AM I ENTITLED TO CLAIM FOR?
For the majority of people considering bringing a motor accident claim, or any personal injury claim, understandably their foremost concern is what sort of compensation or damages will they receive for their claim. Below we set out all of the various entitlements you have to compensation and damages when bringing a motor accident claim.
The CTP Insurer has obligations to meet your reasonable rehabilitation & medical expenses during your motor accident claim
Once you place the CTP insurer (or Nominal Defendant) on notice of your motor accident claim, it has obligations under the Motor Accident Insurance Act 1994, to provide rehabilitation and medical treatment funding for your accident injuries during your claim. Medical and rehabilitation costs can be financially draining following an accident, and it is therefore advisable that you place the insurer on notice of your claim as soon as possible to access this funding.
The type of rehabilitation and medical treatment the CTP insurer is obligated to fund includes such things as pharmaceuticals, medical & specialist treatment, counselling, physiotherapy, dental treatment, radiology (imaging such as MRIs, Scans & Xrays), surgery & hospitalisation costs, prosthetic devices, gym memberships, wheelchairs, medical aids & devices for adaptive living, home & vehicle modifications, as well as the provision of care and assistance.
In some cases of serious injury, the insurer may be required to fund a more appropriate motor vehicle or home, where injuries restrict vehicle or home access. And where a claimant is unable to work due to their injuries, the insurer has obligations to aid them financially with lump sum payments whilst they are waiting for their motor accident claim to resolve, so they are able to live comfortably and meet their everyday living expenses. These are known as “Advances on Damages”.
Workers’ Compensation Claims following a car accident
If your car accident or road incident occurred whilst you were travelling to or from work, or during a work break, then it is very likely you will also have a claim for workers’ compensation through your employer, providing you with wage and medical & rehabilitation benefits (also known as WorkCover or Statutory Benefits).
At the end of your workers’ compensation claim, you may also be entitled to a lump sum payment for permanent impairment sustained due to your accident injuries. However, any lump sum payment received will have to be reimbursed from your personal injury compensation payment at the end of your motor accident claim.
Should you have a workers’ compensation claim because of injuries sustained in a car accident, the CTP insurer of the at-fault vehicle is obligated to repay the workers’ compensation insurer for the costs of your workers’ compensation claim that relates to your car accident injuries. So, your employer will not be impacted by your workers’ compensation claim.
Common Law Damages for personal injuries sustained in a car accident
The most important compensation entitlements in a motor accident claim are in relation to what we call “Common Law Damages”. This is the compensation that you are due for all the pain & suffering and loss & damage you have sustained because of your motor vehicle accident, and includes the following claims:
- Compensation for your pain & suffering & loss of amenities of life resulting from your accident injuries;
- Reimbursement for past lost income, and for the loss of future income you are likely to experience due to your accident injuries;
- Loss of past and future superannuation benefits (associated with past and future lost income);
- Reimbursement for past medical expenses and out of pocket expenses, as well as compensation for the likely expenses you will incur in the future for medical treatment, medical aids & devices, pharmaceuticals, home & vehicle modifications, surgery & hospitalisation, as well as any other therapeutic remedies you reasonably require because of your accident injuries;
- Compensation for care & assistance you have required and are likely to continue requiring into the future, because of your accident injuries (assistance with domestic duties, vehicle & yard maintenance, nursing care etc);
- Interest on past lost income & superannuation and out-of-pocket expenses.
In Queensland, compensation entitlements in pure motor accident claims are restricted by the Civil Liability Act 2003 (CLA). The most significant restrictions relate to claims for pain & suffering, which are accorded damages pursuant to a Schedule set out in the Regulations to the CLA. There are also thresholds for claiming care and assistance and the CLA also places restrictions on claims for interest.
In certain cases of motor accident claim, the restrictions on claims for compensation & damages under the CLA do not apply due to exclusion provisions in that legislation. It is therefore very important that you are properly advised by legal representatives expert in motor accident claims, to ensure that all your compensation & damages entitlements for your motor accident injuries are fully and properly identified and pursued.
HOW MUCH COMPENSATION WILL I RECEIVE FOR MY INJURIES?
The basis upon which compensation in personal injury claims is calculated, is to compensate the injured party as much as possible for the loss and damage sustained from the injury. The more your injury impacts upon your pre-injury lifestyle and employment, the greater the compensation you will receive.
How much compensation you receive depends on a number of factors
The amount of compensation and damages you will receive for your motor accident injuries is subjective. It is dependent on a number of factors which can vary for every claim. The dominant determinate factors include, age, pre-accident medical history and general health, occupation, earnings history and future earning potential, recreational interests, domestic arrangements and of course, the extent of your injuries and how they impact on your pre-injury lifestyle and daily living, recreational, social, employment & domestic activities.
Because of these varying factors that make up a compensation or damages amount, and the subjective nature of compensation entitlements in motor accident claims, we cannot simply tell you that a certain injury will mean a specific compensation amount. The individual circumstances of each claimant have to be considered when calculating their compensation payment. For example, a professional dancer who injures her ankle and cannot dance, will more than likely suffer greater loss financially, and perhaps psychologically, then a sedentary typist able to sit all day in their occupation.
Average injury compensation payments made by motor accident insurers in Qld in 2016
However, to give you an idea of what compensation is being paid for motor accident claims in Queensland, we can provide you with statistical data from the Motor Accident Insurance Commission (MAIC) on this very subject. MAIC provides statistics annually showing the average motor accident claim payments for varying injury severity. These average claim payments have remained fairly static over the past 2 years. The following statistical figures are based on MAIC’s most recent reporting for the 2015-2016 financial year:
- There were approximately 5,100 motor accident claims in Queensland in the 2016 financial year;
- The average claim payment for minor to moderate injuries (primarily minor to moderate whiplash injuries) was around $70,000 to $140,000;
- The average claim payment for serious to severe injuries was around $307,000 to $838,000;
- The average claim payment for critical or catastrophic injuries was around $2,000,000;
- Around 61% of all motor accident claims were for neck and back injuries;
- Approximately 71% of all motor accident claims in 2016 were for minor injuries.
These claim payments are only averages and your compensation & damages entitlements are not limited to these payments. What you receive for compensation for your accident injuries will depend on the circumstances of your individual case. As indicated above in our comparison of a professional dancer with a sedentary typist with the same ankle injury, everyone is affected by injury differently, and therefore, compensation entitlements are different for each individual motor accident claim.
Generally, the rule of thumb is, the more your pre-injury lifestyle, employment and functioning is impacted by your accident injuries, the greater your loss & damage will be, and the greater will be your personal injury compensation payment.
Actual case examples of injury compensation payments
This is illustrated in the following cases, all of which were actual personal injury cases handled by the Principal of Palmers Compensation Lawyers:
- Mr Austin was a truck driver who suffered, what was described by doctors as “a minor head injury” when a crate struck him on the head whilst unloading his truck. Mr Austin’s claim would have been a minor claim had the head injury not affected his capacity to continue working in his occupation as a truck driver. His claim was awarded $1,052,000.00 at trial (see the case of Austin v Parmalat Australia Pty Ltd (2013) QSC 227 ).
- How a person reacts to their accident injuries is also important, as everyone reacts to, and perceives injuries differently. Some have lower thresholds for pain and coping with chronic pain and restriction and this too will impact the amount of damages awarded. In the case of a 42 year old saleswoman who sustained what doctors assessed as a “minor whiplash injury” to her neck in a rear-ender car accident, her claim payment was in the order of $600,000 because of her difficulty coping with her injury, and not $70,000 – $140,000 as indicated by the statistical figures above.
- A 7 year old boy suffered severe injuries in a highway accident, resulting in paraplegia. At the time of resolution of his claim at age 15 years, this amazing young man had adapted extremely well to his injuries and was working toward tertiary studies. He achieved damages of $4.1 million for his motor accident claim.
- An adult male labourer in his early 60s suffered a below knee amputation of his lower limb following a head on collision. He received $2.1 million for his motor accident claim.
Where catastrophic injuries are involved, Common Law Damages awarded can be in the order $15 million or more in cases of tetraplegia or catastrophic brain injury, where there is significant ongoing medical and personal care required for the life of the accident victim.
Whatever your motor accident injury, whether a minor whiplash injury or catastrophic injury, Palmers Compensation Lawyers will be able to advise you as to what your full and proper compensation and damages entitlements are.
Fatal Accidents – Dependency Claims
Unfortunately fatal accidents still occur on our roads today, despite efforts by Police and Government to try to reduce our annual road toll. When fatal accidents on the road can happen to anyone and when they occur, the repercussions are always devastating to those closest to the victims.
When you lose someone close to you in a motor vehicle accident, who you depended on financially or in some other way (eg. they were your carer), then you have what is called a “Dependency Claim”. In a Dependency Claim you can claim compensation for the loss you have sustained because of the accident and loss of your loved one. This could include lost financial support and care and assistance they provided to you, into the future. Funeral expenses and any other out-of-pocket or medical expenses incurred as a result of the fatal accident, are also claimable.
Usually, most Dependency Claims are primarily made up of a claim for the loss of the accident victims income contribution to their partner or family into the future, as well as the costs of replacing the care and assistance they provided prior to the accident and were likely to provide in the future. When looking at what loss has been sustained, even the future increased earning potential of the deceased is considered when calculating damages.
Dependency claims are limited to members of the deceased’s family, including a spouse, parent and child of the deceased. Other relatives can claim where they are able to show a pecuniary (monetary) loss (eg. they were being assisted with financial support by the deceased prior to their death and this was likely to continue into the future).
In relation to a claim by a spouse, this includes a defacto spouse and a child includes children not as yet born at the time of the deceased’s death. A child can also claim where the deceased stood in place of a parent to the child before their death, although they were not legally a child of the deceased. Similarly, a person who stood in the place of a parent to the deceased at the time of their death, although not legally recognised as a parent, can also claim where they have sustained loss.
Nervous Shock Claims Arising From Motor Vehicle Accidents
When a person loses someone close to them or their loved one suffers very serious life-threatening injuries in a car accident, this can often result in psychiatric injury developing because of the shock and trauma involved. Not just the shock and trauma of hearing about the sudden and unexpected death of their loved one, but often it can arise from also seeing their loved one seriously injured following an accident. This psychiatric injury is termed “Nervous Shock”.
Nervous Shock can be very debilitating for some, resulting in significant psychiatric injury and the inability to return to work or continue caring for themselves or dependents.
Where a person suffers Nervous Shock because their partner, spouse, parent, sister, brother etc. were injured in a car accident, then they have a motor accident claim for the loss and damage they have sustained because of that injury. The claim is treated like any other personal injury claim arising from a car accident, even though the claimant often was not involved in the accident itself, and the same compensation entitlements apply (see above).
If you have sustained the loss of a loved one in a motor vehicle accident, or someone you or your children, were dependent on for financial support or care and assistance, then you should contact us at Palmers Compensation Lawyers, as we would like to assist you in obtaining the compensation you need to ensure you and your family’s future is protected.
Loss of Consortium & Servitium Claims Arising from a Car Accident
If your partner or spouse is seriously injured in a motor vehicle accident, then you may also have a claim for loss of consortium. The purpose of such a claim is to compensate you for the loss of enjoyment of the company of your loved one because of their injuries, eg. socialising together, the loss of intimacy & the assistance they provided to you, as well as the burden of seeing your loved one disabled from their injuries, and often having to provide increased care to them due to their injuries.
A Loss of Consortium claim can only arise where the claimant’s loved one has died in the accident, or the injuries sustained were of a very serious nature. This is a requirement under the Civil Liability Act 2003.
Loss of servitium claims arise when the person injured in the car accident is a primary contributor in a business or enterprise, and that business or enterprise loses income or is more than likely to lose income in the future, because of the injuries sustained by their business partner or employee in the accident.
Similarly, claims for loss of servitium are also restricted under the Civil Liability Act 2003, to motor vehicle accidents resulting in fatality or very serious injury.
THE NATIONAL INJURY INSURANCE DISABILITY SCHEME – YOUR ENTITLEMENTS
You may be aware that as from 1 July 2016, the State and Federal Governments rolled out the National Injury Insurance Disability Scheme (NIIS) in Australia. The purpose of the Scheme is to aid those who are seriously disabled by injury, a medical condition or disease. The Scheme provides assistance with medical treatment, the provision of medical equipment, aids & adaptive devices, as well as personal, domestic & nursing care needs.
The NIIS provides assistance to anyone who suffers “Catastrophic Injury” under the Scheme, whether it is hereditary or caused by an accident, assault or illness, as it is a no-fault based Scheme. “Catastrophic injury” under the NIIS includes spinal cord injuries, traumatic brain injuries, permanent blindness, severe burns, and multiple amputation injuries.
If you have been catastrophically injured in a motor vehicle accident, then you may be entitled to assistance under the NIIS. The NIIS is not a compensatory body and it does not replace accident compensation under a motor accident claim. You must still bring a motor accident claim to be properly and fully compensated for your injuries. The NIIS is purely there to ensure those suffering serious disability in Australia have access to the medical treatment and care they need to provide them with a decent quality of life.
In the majority of catastrophic motor accident claims, the CTP Insurer is obligated to provide funding for any medical treatment, medical aids & adaptive devices and care needs, and therefore claims under the NIIS are not normally necessary. But where a person is injured in a motor vehicle accident wholly caused by their own negligence, then the Scheme is there to help meet their medical and care needs.
To learn more about the NIIS and what services it provides, click on the following link to its website: The National Injury Insurance Scheme.
The NDIS, is another scheme in Queensland providing assistance to the seriously impaired or disabled, who are likely to require ongoing care for their lifetime. This scheme has already been implemented in far North Queensland, and will be rolled out across the rest of Queensland over the next 2 to 3 years. To learn more about the NDIS, go to the following link: NDIS in Qld.
PALMERS COMPENSATION LAWYERS ARE MOTOR ACCIDENT CLAIM EXPERTS
Palmers Compensation Lawyers specialise in all personal injury claims, including motor accident claims, and are here to help.
If you have an enquiry about a motor accident claim or any personal injury claim, you can chat with our Claims Expert at anytime, 24 hours a day, 7 days a week, by phoning us on 1300 388 383, via Livechat or you can submit one of our Request for FREE Instant Case Appraisal forms on our website (click on the link here or complete & submit the Request form at the top right-hand side of this webpage).
Your enquiry will be FREE of any charge, completely confidential and without any obligation. Contact us today and find out what your compensation entitlements are.
You can also request one of our FREE Claim Information Packs, if you would like to learn more about bringing a motor accident claim. Just click on the link here or the Request button at the top right-hand side of this webpage.