Road accident/motor vehicle personal injury compensation claims
- Time limits
- CTP Insurer (Defendant)
- Notice of Accident Claim form
- Medico-legal Reports
- Liability Response
- Compulsory Conference
- Obligations of the CTP Insurer
- Your obligations if bringing a claim
After sustaining injuries in a motor vehicle accident, you should take the following steps:
- Seek medical attention immediately. If it is possible, advise the police of your accident. If you are unable to report the accident immediately to the police, you should do so as soon as you are able to (if the police do not attend the scene).
- Seek legal advice regarding your rights. To do so, click here or call the Accident Compensation Advice helpline on 1800 700 125.
Time limits
Strict time limits apply when seeking compensation for an injury sustained in a motor vehicle accident, whether you are a driver, passenger, or pedestrian.
Generally, you have only three years from the date of an accident within which to issue proceedings in Court. If you do not do so then you could lose your rights forever and be prevented from claiming (‘statute barred’).
You should also be aware that before you can issue proceedings in Court you must first comply with ‘pre-Court’ notification and other procedures pursuant to the Motor Accident Insurance Act (MAIA).
A ‘Notice of Accident Claim Form’ must be given to the CTP insurer of the vehicle(s) at fault. Generally this must be done within nine months of the accident or within one month of retaining the services of a solicitor.
In circumstances involving an unregistered or unidentified motor vehicle the time limits are very strict and a notice must be given to the Nominal Defendant within three months.
The Nominal Defendant is a government body that takes the place of the CTP insurer in circumstances where the ‘at fault’ vehicle is either unregistered or unidentified.
If pre-court procedures have not been completed and the three year limitation period is drawing near an application must be brought within the limitation period before a Judge. The Judge may make orders allowing proceedings to be filed outside the three year period once pre-court procedures have been completed. However, such proceedings must usually be filed within 60 days of a compulsory conference.
Failure to lodge the Notice of Accident Claim form and follow other procedures within time can jeopardize a claim. There are also many other time limits that can jeapardise a claim if not complied with.
As can be seen time limits under the legislation are complex and can be fatal to a claim if not complied with. It is best not to delay. Protect your rights and contact us by clicking here to receive free legal advice.
CTP Insurer (Defendant)
In Queensland, registered vehicles are required to have ‘compulsory third party insurance’ (CTP).
Your action will be bought against the driver of the ‘at fault’ vehicle and their CTP insurer.
The effect of the compulsory third party insurance scheme is that the driver of the ‘at fault’ vehicle will not be personally out-of-pocket if a claim is brought. This is reassuring, especially if they are a friend, relative, employer or employee.
Notice of Accident Claim Form
A ‘Notice of Accident Claim Form’ must be given to the CTP insurer of the vehicle(s) at fault.
Generally this must be done within nine months of the accident or within one month of retaining the services of a solicitor.
In circumstances involving an unregistered or unidentified motor vehicle the time limits are very strict and a notice must be given to the Nominal Defendant within three months.
The Nominal Defendant is a government body that takes the place of the CTP insurer in circumstances where the ‘at fault’ vehicle is either unregistered or unidentified.
Failure to lodge the Notice of Accident Claim form and follow other procedures within time can jeopardize a claim.
Contact Accident Compensation Advice for further information, particularly if you feel that you may be out of time.
Medico-legal Reports
Medico-legal reports are important in all personal injuries claims including motor vehicle accidents. Examinations are usually carried out by appropriate medical specialists (eg orthopedic surgeon, neurosurgeon, psychiatrist etc) and a report provided following the examination.
We can arrange for you to be examined by an appropriate specialist. The CTP insurer are also entitled to have you examined by one of their specialists.
Generally appointments can only be made once an injury has ‘stabilized’ (ie symptoms not getting any better or worse) and this is generally anywhere from 6-12 months following an injury.
Liability Response
After the lodging the Notice of Claim form the defendant will have six months to respond regarding liability.
If liability is admitted, the defendant insurer may arrange for rehabilitation to begin and may fund rehabilitation costs such as physiotherapy.
Compulsory Conference
Pursuant to the MAIA the parties must attempt to resolve the matter out-of-court through negotiation. This process involves holding a compulsory conference and exchanging offers.
If your matter cannot be settled out-of-court (very rare) then proceedings must then be issued in Court. Further procedural steps are then taken before trial. These steps will be run concurrently with further attempts to settle out-of-court. Even if proceedings are issued in Court matters still usually resolve by way of negotiation and very few matters run to trial.
Obligations of the CTP Insurer
Pursuant to the MAIA the CTP insurer has an obligation to facilitate the speedy resolution of the matter. The CTP insurer must also take steps to inform itself of the circumstances of the accident and provide a liability response within six months of receiving the Notice of Claim, either admitting or denying liability.
Where liability has been admitted (in whole or in part) the CTP insurer is under an obligation to pay medical and other expenses reasonably incurred by you due to the injury. Arrangements can also be made to fund rehabilitation, such as physiotherapy etc.
The insurer conducts negotiations and legal proceedings related to the claim on behalf of the driver of the ‘at fault’ vehicle.
You should seek legal advice regarding the CTP insurer’s obligations. You can do click here or call the Accident Compensation Advice helpline on 1800 700 125.
Your Obligations if Bringing a Claim
You must undergo a medico-legal examination with a specialist selected from a panel provided by the CTP Insurer. The costs of the medical examination and travel to and from are to be funded by the insurer.
You also have a duty to co-operate with the insurer and provide information pertaining to:-
- the circumstances of the accident;
- the nature of any injuries and ongoing disabilities;
- medical treatment and rehabilitation services sought and obtained;
- past medical history;
- details of previous claims for compensation; and
- details regarding earning and employment if a claim for economic loss is being made.
You also have a duty to provide the insurer with reports and other documents regarding the circumstances of the accident, their medical condition and prospects of rehabilitation.
You have a duty to ‘mitigate’ your loss. This may involve medical treatment, return to work programs, rehabilitation or training programs in order to treat their injuries and reduce your loss.
You may claim privilege in relation some documents (such as communications with your solicitor).
You should seek legal advice regarding what obligations you have to co-operate with the insurer. To do so click here or call the Accident Compensation Advice helpline on 1800 700 125.
As can be seen time limits and procedures under the legislation are complex and can be fatal to a claim if not complied with. It is best not to delay. Protect your rights and contact us by clicking here to receive free legal advice.
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