If you have been injured as a result of a motor vehicle accident that was not your fault then you should be entitled to be paid compensation.
This includes circumstances where:
- You were the driver of a motor vehicle and injured as a result of an accident that was not your fault;
- You were the passenger of a motor vehicle;
- You were a pedestrian or cyclist injured as a result of an accident that was not your fault;
- You were injured by a vehicle with conditional registration, such as some golf carts, tractors and other types of machinery;
- There has been a fatal accident and you have lost someone close to you.
There are strict time limits that apply to claims for motor vehicle accidents. If you have been injured in a motor vehicle accident or if you have lost someone in a fatal accident then you should seek legal advice as soon as possible.
We can provide you with obligation free advice and we do not charge for an initial consult. If you have a claim that we can help with we will provide you with an up-front, fixed fee quote that has no hidden charges. All of the work we do is on a no-win no-fee basis.
Unfortunately the law in Queensland places restrictions on what information we are able to publish on this website. If you would like to discuss how the law might apply to your circumstances, please contact us on (07) 4049 2865 or send us an email at office@fnqlegal.com.au with your questions and contact details.
*this information only applies to motor vehicle accident claims in Queensland, Australia. Other states and countries have different laws that apply.
Can I still make a claim if I don’t know the details of the vehicle that injured me?
Yes. Usually we can find the details of the vehicle that caused the accident. If that can’t be done then a claim can be made against the Nominal Defendant – which is a government body that acts as the CTP insurer for an unidentified vehicle.
Claims against unidentified vehicles are generally more complicated than claims against vehicles that can be identified. There are also much shorter time limits and for being able to bring a claim and those time limits are strictly applied. Because of this you should get legal advice as a matter of the utmost urgency.
Can I still make a claim if the vehicle wasn’t registered at the time of the accident?
Yes. If the vehicle that caused the accident wasn’t registered at the time of the accident the Nominal Defendant is required to act as the insurer of that vehicle.
This means that you can still bring a claim for your injuries and the claim will be against the Nominal Defendant.
When should I start my CTP claim?
As soon as possible. There are lots of reasons for this, but the main ones are:
- there are time limits that apply to lodging claims and they can be strictly enforced;
- if you need medical treatment, such as surgery, rehabilitation or counselling, then the CTP insurer may be required to pay for that treatment; and
- it will probably be necessary to get further evidence about the accident. It is almost always easier to get such evidence when there hasn’t been a delay.
Because of this, the earlier you start your claim the better.
Do I need to go to Court if I start a claim?
Probably not. These days it is rare for personal injury claims to go to court.
This is because the law now requires all parties to negotiate a claim before it can be heard by a court. In practice, this means that almost all cases are now settled out of court.
If your claim does need to be decided by a Court then you will need a lawyer to represent you.
Will the insurer pay for my lawyer?
Yes, in part. When you win your claim the CTP insurer or the Nominal Defendant will normally need to pay for at least part of your legal costs. But the law doesn’t normally require them to pay for all of your legal costs.
The amount that they are required to contribute to your legal costs depends on a number of things, such as the amount of compensation you receive and the point at which the claim resolves. We’ll make sure that the CTP insurer pays as much towards your legal costs as the law allows.