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A Guide to Car Accident Compensation QLD

Car accidents are a devastating reality, with Queensland tragically recording almost 300 fatalities in 2023 alone. Beyond the human cost, many more suffer injuries that leave lasting impacts – physically, psychologically, financially, and in countless other ways.

If you’ve been injured in a car accident in Queensland, you may be entitled to compensation.

This guide to car accident compensation claims in Queensland will equip you with the knowledge you need to understand the process and your potential rights. You’ll find commonly asked questions, a step-by-step breakdown of the legal process, different types of compensation entitlements, and more.

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Claiming compensation for a motor vehicle accident in Queensland: Key information

Who is responsible for paying your compensation? What can you claim for? What factors may impact what you’re owed? Before moving forward with a compensation claim, it’s important to have answers to these critical questions.

If you have other questions that you would like answered, book a free, no-obligation consultation with one of our compensation lawyers.

Who is responsible for paying compensation for Queensland vehicle accidents?

Queensland’s Compulsory Third Party (CTP) insurance scheme ensures that victims of car accidents receive compensation for their injuries, regardless of who caused the accident.

Here’s a breakdown of how it works;

  • At-fault driver with CTP insurance: If the driver who caused the accident has a valid CTP policy, their insurer will be responsible for handling and paying compensation claims for injuries sustained by you and any other affected parties.
  • Uninsured, unregisters, or unidentified vehicle: If the at-fault vehicle is uninsured, unregistered, or cannot be identified, a government entity called the Nominal Defendant steps in to provide compensation.

I’ve been involved in a road accident; what compensation can I claim?

Depending on the severity of your injury and your specific circumstances, you may be entitled to various forms of compensation.

These can include:

  • Medical treatment: This covers the costs associated with treating your injuries, including doctor visits, hospital stays, surgery, medication, and ongoing medical care.t.
  • Rehabilitation: This includes costs for physical therapy, occupational therapy, and other rehabilitation services that help you regain function and aid in your recovery process.
  • Loss of income: Compensation for wages you are unable to earn due to your injuries, including future earning capacity that may be impacted. .
  • Care and support services: This covers the costs of assistance you may need with daily tasks, such as for personal care, housework, or transportation.
  • General damages: Compensation for pain and suffering, loss of quality of life, and other intangible losses resulting from your injuries. Not all injuries qualify for general damages; they are assessed based on severity using the Injury Scale Value (ISV) system outlined in the Civil Liability Act 2003. The ISV assigns a point value between 0 and 100, with 100 being the most severe injury.
  • Other expenses: Beyond the core categories, you may also be eligible for additional costs depending on your circumstances. This could include travel expenses related to attending medical appointments, modifications to your home or vehicle, and other out-of-pocket expenses directly related to the accident and your recovery.

Understanding compensation categories

If you decide to proceed with the car accident claim process, you may hear the terms “economic damages” and “non-economic damages” (also known as general damages). These terms categorise the different types of compensation available.

  • Economic damages: This refers to quantifiable financial losses you’ve incurred as a direct result of the accident, such as medical expenses and lost income.
  • Non-economic damages (general damages): This covers compensation for intangible losses, such as loss of enjoyment of life and psychological damages, such as depression or PTSD.

What factors impact the compensation I’m entitled to?

The amount of compensation you may receive in a car accident claim depends on several factors, including the timeframe of the claim, any contributory negligence involved, and the severity of your injuries. Ask yourself the following questions:

  • Within what timeframe am I required to lodge my claim? For standard cases with an identifiable vehicle, you have nine months to lodge your claim from the date of the accident or when your injury symptoms first appear. However, if you consult with a car injury lawyer, you must file within one month of this consultation. If the vehicle is unidentifiable, you only have three months to lodge your claim. For those under 18 at the time of the crash, the timeframes to lodge a claim don’t begin until they turn 18 years old.

  • Am I partially or fully responsible for my road accident? Even if you share some blame for the accident —known as contributory negligence—you may still be entitled to compensation. Each case is assessed individually to determine the extent of your contribution to the accident. Your injury compensation will be reduced by a percentage that reflects your share of the blame. For example, if you’re found 20% at fault, your total compensation award could be reduced by 20%.

  • How severe are my injuries? Severe injuries are compensated more than minor injuries. Compensation for psychological damages (general damages) is determined by the Injury Scale Value (ISV) system, which assigns a point value from 0 to 100 based on the severity of the injury. Psychical injuries, on the other hand, are categorised into threshold vs non-threshold injuries — more on this below.

Understanding threshold injuries and compensation

In Queensland, the type of injury you sustain can impact the compensation you receive. Here’s a breakdown:

  • Threshold injuries are typically less severe injuries with a good chance of recovery within a year with proper treatment. Examples include soft tissue injuries such as sprains or strains, and minor psychological conditions.
    • Benefits for threshold injuries are capped at 52 weeks and may include weekly income support payments to replace lost wages, reimbursement for medical and treatment expenses, and domestic and personal care services.
    • Non-economic loss claims (pain and suffering) for threshold injuries are generally not possible as an injury must exceed the 10% Personal Impairment (PI) rating.
  • Non-threshold injuries are more serious injuries with long-term consequences. These injuries usually have a Permanent Impairment (PI) rating above 10%, significantly impacting the individual’s quality of life, and allowing them to claim non-economic loss.
    • Compensation for non-threshold injuries can be significant and potentially indefinite, depending on the severity. This could include income support payments for up to two years (potentially longer if ongoing incapacity is proven) and reimbursement for medical and care services, potentially for life.

 

The are additional factors that may impact your entitlements, including:

  • Your age: Younger individuals may receive higher compensation due to future earning potential impacted by injuries.
  • Alcohol involvement: If you were intoxicated during the accident, it could affect your claim.
  • Domestic care needs: The need for ongoing assistance with daily tasks can increase compensation.

 

For personalised legal advice on what you may be entitled to, consider booking a free consultation with a personal injury lawyer.

Do you want to learn more about filing a personal injury claim in QLD?

Call us for confidential, free legal advice.

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How to file a motor vehicle accident claim in Queensland

If you’re considering filing a road accident compensation claim in Queensland, here is the process.

  1. Report the accident: Report the crash to the police by calling 000 if someone is injured. Obtain the reference number (QP number) for your report.
  2. Write down the registration details of the responsible driver: Obtain the registration number of the vehicle that caused the crash to identify the correct CTP insurer.
  3. Meet the deadlines: Ensure you follow the required timeframes for lodging your claim to avoid delays.
  4. Complete your accident claim form: Fill out the appropriate accident claim form for non-fatal or fatal injuries with accurate and detailed information.
  5. Submit supporting documents: Provide necessary documents such as a medical certificate, claimant certificate, proof of identity, and, if applicable, a law practice certificate
  6. Lodge your form: Submit your completed claim form either securely online or via post to the CTP insurer of the at-fault vehicle.

Queensland man awarded $461,429 in compensation following a car accident injury

Case

The plaintiff, an elderly man, was stationary in a line of traffic in 2016 when his vehicle was suddenly struck from behind by the defendant’s vehicle. The vehicle was travelling at high speed on a busy Queensland road. As a result of the car crash, the plaintiff alleged significant physical injuries.

Liability

The CTP insurer asserted that the defendant owed the plaintiff a duty of care and breached this duty by failing to maintain a proper lookout, control, and reasonable stop of the vehicle. Thus, liability was not in dispute.

Dispute

The case focused on the amount of compensation the plaintiff deserved for his injuries and losses.

Key issue: Pre-existing injuries

The District Court of Queensland needed to assess the extent of the plaintiff’s damages from the accident. This was complicated by the plaintiff’s involvement in a previous accident in 2008, which also resulted in serious injuries.

In line with Nilon v Bezzin [1988] 2 Qd R 420, the court had to consider how the 2016 accident worsened the plaintiff’s pre-existing condition. The plaintiff claimed to have recovered from the 2008 injuries, while the defendant argued that the current injuries were related to the previous accident.

Key issue: Medical opinions

Expert medical witnesses provided conflicting testimonies on the plaintiff’s pre-accident condition. Some believed that the plaintiff’s current limitations would have occurred even without the second accident.

Court Decision

The court found that the 2016 accident caused the plaintiff new injuries and possibly aggravated pre-existing ones, warranting compensation for his injuries, loss, and damages.

Regarding economic loss, the court acknowledged that the plaintiff was working as a tiler with some restrictions from the 2008 injuries. The 2016 accident, however, significantly reduced his ability to perform even light tasks, thereby diminishing his earning capacity and causing foreseeable economic loss.

In light of the reasoning outlined during the claims proceedings, the court awarded compensation for $416,429 in favour of the plaintiff, which included an amount for general damages, economic loss, special damages and future out-of-pocket expenses.

His Honours Assessment of the damages was as follows.

General Damages$35,000
Past Economic Loss$240,000
Past Superannuation$15,000
Interest$19,545
Future Economic Loss$135,000
Special Damages$4,577
Interest$307
Future Expenses$12,000
Total$461,429

 

Impact

This case highlights the challenges of determining compensation when pre-existing injuries complicate the picture. Detailed medical evidence and witnesses are crucial in such situations.

Book an appointment with a car accident lawyer.

Call 1800 004 878

Commonly asked questions

Once you lodge your CTP insurance claim, the insurer will contact you within 14 days to confirm if your claim form was correctly lodged and whether they will cover reasonable rehabilitation expenses.

Your insurer must then decide on liability within six months. If liability is accepted, they will cover reasonable medical and rehabilitation costs. If liability is denied, disputes can be resolved informally through mediation or litigation.

If you disagree with the insurer’s settlement offer, you can first try to resolve the issue informally by discussing it directly with the insurer.

If this approach proves ineffective, you can proceed to a mediation conference where both parties will attempt to reach an agreement. Should the disagreement persist, you may need to escalate the matter to court for resolution.

Yes.

If your family member passed away in a car accident, you can claim compensation if the accident was wholly or partially the fault of another person. As a relative or dependent of the deceased, you may be eligible to claim for loss or expenses. The claim is made against the CTP insurer of the at-fault vehicle.

Possibly.

If you and the insurer cannot reach an agreement on the settlement amount or liability, the matter may need to be resolved in court. Initially, you can attempt to resolve disputes informally or through a mediation conference. However, if a private settlement is unable to be reached, taking the issue to court becomes necessary.

You may still be eligible for compensation if you were partially at fault for your accident.

Contributory negligence is a legal term that refers to the situation where the injured party is found to be partly responsible for the accident. In such cases, your compensation may be reduced to reflect your share of the fault. The insurer will assess the extent of your contributory negligence and adjust the compensation amount accordingly.

Privately settled claims tend to resolve in weeks or months, whereas claims that require litigatory intervention may take longer.

In general, the timeline for settling a claim can vary based on the complexity of the case, the severity of the injuries, and the cooperation of the involved parties. Insurers are required to make a liability decision within six months of receiving a correctly lodged claim. However, reaching a final settlement may take additional time, especially if negotiations are prolonged or if the matter proceeds to court.

The GMP Law difference

We’re Australia’s leading personal injury law firm.

This means that we have the resources and expertise necessary to ensure a successful claim outcome. In the rare instance that we aren’t successful, you’ll be covered by our no-win, no-fee policy. This policy ensures you won’t pay any legal fees unless we win your case. We cover all upfront costs, including those for barristers, professional experts, medical reports, and court fees — so you can pursue your claim without financial worry.

If you have questions or would like to begin the claim process, click here to book a free, no-obligation consultation with one of our motor vehicle accident lawyers.

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Gerard Malouf & Partners
Class Actions
Class Actions
At GMP Law, we have extensive experience in class action lawsuits, amplifying the voices of individuals who have experienced similar harms or losses.
Services
Services
Gerard Malouf & Partners manage cases for clients across all areas of Personal Injury Law, Inheritance Disputes and Superannuation Disputes.
About Us
Gerard Malouf & Partners have provided friendly, experienced legal advice to communities across Australia for over 35 years. Our Personal Injury Lawyers have taken on ten’s of thousands of cases and we are proud to have won billions of dollars for our clients.
Lawyers
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.
Resources
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.

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