If you have been injured in a motor vehicle accident, you may be eligible to lodge a compensation claim if you were not at fault for the incident. Whether you were a driver, a passenger or a pedestrian – ROC Legal specialist legal team can assist you with your claim and provide quality advice on what options are available to you.
Motor vehicle claims can include any type of motor vehicle including cars, buses, trucks and motorbikes. There are several options available when you have been injured in a motor vehicle accident in QLD.
In the majority of cases, the courts decide on the level of compensation you are entitled to, taking into account factors including severity of injuries, what income you have lost, how this injury impacts on your future, what expenses have been allocated for rehabilitation and if you need future assistance with day to day tasks or domestic chores.
Our boutique firm means that you will always get personalised, one-on-one service from people who know your concerns and who are happy to help. Our motor vehicle accident lawyers are on hand to answer your questions and will work with you to offer support and guidance for your situation, standing by your side during what can be a potentially difficult time.
If you have been injured during a motor vehicle accident, it can be helpful to know that there may be compensation available to alleviate some of the potential suffering – both financial and physical.
Get in touch with our legal team today to find out more about how to get started with your motor vehicle accident claims.
We specialise in compensation law, and we’d love to help you with your compensation claim and get your life back on track. Working through a compensation claim can be tough, but when you have ROC Legal on your side, the whole process is smooth. We’re a boutique firm who treat every client with respect, courtesy and care, but we’re big enough to be able to handle even the most complex of claims and compensation issues.
We’re compensation legal experts, and we’re waiting to take your call. Get in touch with the legal professionals who care at ROC Legal on 1300 196 219.
If you are curious about the process involved in motor vehicle incident claims or would like some more information on how best to proceed with a compensation claim, we can help.
Our boutique firm means that you will always get personalised, one-on-one service from people who know your concerns and who are happy to help. Our motor vehicle accident lawyers are on hand to answer your questions and will work with you to offer support and guidance for your particular situation, standing by your side during what can be a potentially difficult time.
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The Motor Accident Insurance Act 1994 (Qld) (“MAIA”) provides for a compulsory third-party insurance scheme covering liability for personal injury arising out of motor vehicle accidents. All vehicles on Queensland roads have a CTP Policy of Insurance attached to their registration. This is to cover personal injury and not property damage.
A claim for damages based on a liability (fault) for personal injury arising out of a motor vehicle accident and, for a fatal injury, including a claim on behalf of the deceased’s dependants or estate: section 4 MAIA.
A ‘claimant’ is a person who makes a claim. They are also referred to as an ‘injured person’ or ‘plaintiff’. Normally, a ‘claimant’ is referred to as a ‘plaintiff’ once Court proceedings are commenced.
If you have suffered personal injury caused by, through or in connection with a motor vehicle if the injury—
It means a vehicle for which registration is required under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010 and includes a trailer.
The MAIA only applies if the motor vehicle accident out of which the personal injury arises happens on a road or in a public place: section 5(2) MAIA.
If personal injury is caused by, through or in connection with a motor vehicle, the insurer for the statutory insurance scheme:-
The MAIA does not apply to personal injury caused by, through or in connection with:
Unless the motor vehicle accident out of which the injury arises happens on a road: section 5(3) MAIA.
A person who proposes to make a claim (including a person acting in a representative capacity) must ensure that appropriate notice of the accident has been given to a police officer: section 34(1) MAIA.
Before bringing an action in a court for damages for personal injury arising out of a motor vehicle accident, a claimant must give written notice of claim to the insurer: section 37(1) MAIA.
Yes. It is crucial to obtain legal advice as soon as possible. For example, if a motor vehicle cannot be identified and the notice is not given to the Nominal Defendant within 9 months after the motor vehicle accident, the claim against the Nominal Defendant is barred: section 37(3) MAIA.
When making a claim, the CTP insurer stands in the shoes of the ‘at fault’ driver. As a result, if a claim is made against an ‘insured person’, the insurer—
If a person who suffered harm was intoxicated at the time of the breach of duty giving rise to a claim for damages and contributory negligence is alleged by the insurer, then contributory negligence will be presumed. The person may only rebut the presumption by establishing on the balance of probabilities—
You may have your damages reduced by 25% or more depending on the circumstances so it is important to obtain legal advice if this applies to you.
If you relied on the care and skill of a person who was intoxicated at the time of the breach of duty (driver) and were aware, or ought reasonably to have been aware, that the driver was intoxicated you may have your damages reduced: section 48 CLA.
You may rebut the presumption if established, on the balance of probabilities, that—
Once liability has been admitted, it is the duty of the insurer to make payments to or for the claimant for private hospital, medical and pharmaceutical expenses reasonably and appropriately incurred because of the injury: section 42(1) MAIA.
Once liability has been admitted on a claim, or the insurer has agreed to fund rehabilitation services without making an admission of liability, the insurer must, at the claimant’s request, ensure that reasonable and appropriate rehabilitation services are made available to them: section 51(3) MAIA.
In deciding liability for breach of a duty, the plaintiff (injured person) always bears the onus of proving, on the balance of probabilities, any fact relevant to the issue of causation: section 12 CLA.
Within 6 months after an insurer receives a compliant notice of claim, the insurer must—
Yes: section 45 MAIA.
A claimant must provide the insurer with copies of reports and other documentary material (including written statements made by the claimant or by witnesses) in the claimant’s possession about the circumstances of the accident or the claimant’s medical condition or prospects of rehabilitation: section 45(1)(a) MAIA.
A claimant must give information reasonably requested by the insurer about—
If a claim is not settled at the compulsory conference, each party must (unless the court has dispensed with this obligation) exchange written final offers: section 51C MAIA.
An action for damages should then be started in the Court within 60 days after the conclusion of the compulsory conference: section 51D MAIA.
These are damages for:-
If general damages are to be awarded by a Court in relation to an injury arising after 1 December 2002, the Court must assess an injury scale value. The injured person’s total general damages must be assigned a numerical value (injury scale value) on a scale running from 0 to 100 based on the severity of the injury. An injury which is not severe enough to justify any award of general damages will attract an ISV of 0. Whereas an injury of the worst possible kind will attract an ISV of 100: section 61 CLA.
The court may only award damages if it is satisfied that the person has suffered or will suffer loss having regard to the person’s age, work history, actual loss of earnings, any permanent impairment and any other relevant matters: section 55 CLA.
Yes. Your lost income is calculated. Then, the ‘relevant percentage’ is then applied to your lost income to determine the loss of superannuation. The ‘relevant percentage’ is the percentage of earnings that is the minimum percentage required by a written law to be paid on the employee’s behalf as employer superannuation contributions: section 56 CLA.
Damages for gratuitous services provided to a claimant are not to be awarded unless—
A court cannot order the payment of interest on—
Interest awarded on damages compensating past monetary loss must not be more than interest at the appropriate rate: Section 60 CLA.
The purpose of the National Injury Insurance Scheme (Queensland) Act 2016 (“NIISQ”) is to ensure that persons who suffer particular serious personal injuries as a result of a motor accident in Queensland receive necessary and reasonable treatment, care and support, regardless of fault: section 3(1) NIISQ.
A person is eligible to participate in the scheme in relation to a ‘serious personal injury’ suffered by the person if the Act applies in relation to the injury (section 4 NIISQ) and the injury meets the criteria (the eligibility criteria) for the injury prescribed by regulation: section 12(1) NIISQ.
What is a ‘serious personal injury’ for the purposes of the National Injury Insurance Scheme?
The court may award treatment, care and support damages if:-
The participant must give a notice to the agency and the insurer stating whether or not the participant wants to preserve any right the participant may have to be awarded treatment, care and support damages under a final judgment of a court or a binding settlement: section 41 NIISQ.
If a death is caused by a wrongful act or omission and the act or omission would, if death had not resulted, have entitled the deceased person to recover damages in a proceeding for personal injury then a court may award to the members of the deceased person’s family damages. The compensation the Court awards must be proportional to the damage to them resulting from the death: section 64 Civil Proceedings Act 2011 (Qld) (“CPA”).
The proceeding may be brought by the personal representative of the deceased person, or by any 1 or more of the members of the deceased’s family who suffered damage because of the death, for the benefit of the members of the deceased’s family who suffered damage because of the death: section 65 CPA.
If a spouse has entered into a new relationship since the deceased person’s death but before settlement of the claim, the court may take into account any financial benefits that the spouse has received, and any financial benefits that the spouse is likely to receive, as a result of the new relationship: section 67 CPA.
However, the court must not take into account any financial benefits that the spouse may receive as a result of a new relationship that the spouse may enter into after settlement of the claim section 67 CPA.
In assessing damages in relation to a wrongful death claim, the following are not be taken into account to reduce the damages:-
Yes. Damages are recoverable only for injury constituted by a recognisable psychiatric condition and not for emotional distress, alarm, fear, anxiety, annoyance or upset: Tame v New South Wales (2002) 211 CLR 317, at , , .
Contact us for a no obligation consultation to discuss your options.