Ryan Birch2024-02-05T09:07:45+10:0027/02/2023|Featured, General, Motor Vehicle|

Car Accident Claims when At-Fault-Vehicle isn’t QLD Registered

Across Australia, every registered vehicle has Compulsory Third Party (‘CTP’) insurance which protects drivers and passengers from the financial impact caused by injuries sustained in a motor vehicle accident, generally when they are not at fault for such an accident.

Each State and Territory has implemented their own CTP schemes with different requirements and legislation for providing this type of insurance. The CTP scheme legislation also determines how the injured party is assisted and compensated after a car accident, which differs substantially across Australia.

If you are driving a motor vehicle registered in QLD and you’re involved in an accident with a car registered outside of QLD, CTP insurance coverage will still apply. The legislation on how it will apply and how you can be compensated will depend on the State or Territory of where the accident occurred physically.

Accident Location Within Queensland.

The at-fault vehicle is registered outside of Qld and the not-at-fault vehicle is registered in QLD.

The personal injury compensation CTP claim would be lodged with the at-fault vehicle’s State or Territory’s CTP provider. As the accident occurred in Queensland, the compensation claim would be managed under the Queensland CTP scheme legislation and applicable precedent law (Judgements in QLD Courts over time). Our lawyers have extensive experience engaging with interstate CTP providers and ensuring the best possible outcome for our clients.

Accident Location Outside of Queensland.

The at-fault vehicle is registered outside of Qld, and the not-at-fault vehicle is registered in QLD.

The personal injury CTP claim would be lodged with the at-fault vehicles CTP insurance provider and managed under the CTP Legislation of whichever state or territory where the accident physically occurred. It is imperative to seek legal advice from a law firm in the State or Territory where the accident occurred, as they will have a comprehensive understanding of the relevant CTP legislation.

Queensland Compulsory Third Party ( CTP) Scheme Overview

When obtaining registration for a vehicle, CTP insurance is included in the registration fees. Queensland has an at-fault-based CTP scheme as outlined in the Motor Accident Insurance Act 1994. This scheme is regulated by the Motor Accident Insurance Commission (‘MAIC’). This scheme means that the at-fault person of an accident cannot make a personal injury compensation claim against their vehicle’s CTP insurance policy. The scheme covers all other parties who were in the accident but not at fault, including passengers, other drivers, or even pedestrians. Anyone not at fault who obtained injuries from the accident has the legal right to seek monetary compensation through the registered vehicle’s CTP insurance policy. To be able to do this, proof of liability to determine negligence and then evidence of injury and consequence of the injury is essential to the success of making a personal injury compensation claim.

If you have been involved in an accident in Queensland and you have obtained an injury, our Lawyers would be happy to provide you with a free phone consult to explain to you your legal rights.

Average Payout For Car Accidents

Revolution Law2022-10-31T17:00:13+10:0031/10/2022|Featured, Motor Vehicle|

Average Payout For Car Accidents

How do accident lawyers provide a payout estimate?

Any initial estimate a Lawyer will give you is guesswork, yes, guesswork can be pretty good depending on the experience of your Lawyer, but it is not Legal advice. Your final compensation outcome is based on your situation, and the evidence obtained to support your claim. There is no ‘average payout’ for injuries such as whiplash or pain and suffering after a car accident. In the case listed below of Mr Busch, who self-represented for over seven years, he attempted to claim injury damages for over $2000,000.00, and after all of this time and work he put in, the judge only awarded him $5000.00. The court documents referred to the lack of evidence to support his compensation claim. This result must have been incredibly disappointing for Mr Busch. The evidence is a critical part of the process and the compensation outcome, which is why Lawyers collect and analyse it over many months. Once you have recovered as best as you can from your injuries, the Barista and Your Lawyer use this evidence and draft a confidential quantum of advice. This advice is given to you before your mediation, and it provides you a compensation range that we predict your claim to settle within.

We would love to meet with you and have one of our very experienced lawyers explain how we can help you obtain the proper evidence in the right manner to achieve the best possible outcome for you.

Your initial chat with a Lawyer is free, and there is no obligation to proceed. We can just advise you if you have a claim, answer any questions and let you know how we can help.

07 3341 6999 or reach out to Wendy via wendy@revolutionlaw.com.au

Examples Of Car Accident Injury Pay Outs

These are examples of compensation payouts in matters that recently went to court. It is very uncommon for car accident personal injury claims to end up in court. When they do, the information is publicly available in what is otherwise a strictly confidential outcome.

Murphy v Turner-Jones [2022] QSC 40 – Awarded $200,776.07 plus costs

Mr Murphey, aged 50, claimed serious injuries, including whiplash and polytrauma at each level of his spine and pelvis. The defendant claimed he suffered only a mild strain on the spine.

The judge accepted the defendant’s case that the motor vehicle accident was at low speed and had a minor impact with minimal damage to both vehicles.

The judge further determined that although the impact was minor, it did not conclude that Mr Murphy has not suffered from a high level of neck or spinal injury symptoms.

Injury Compensation Outcome

Pain and suffering Item 88 ISV 10	$16,150.00
Past loss of economic capacity	$59,675.00
Future economic loss	$107,786.00
Medical expenses	$8,257.07
Interest on medical expenses $4,467.37 x 1.48% for 4.5 years ÷ 2	$148.00
Future medical expenses	$8,760.00
TOTAL	$200,776.07

O’Connor v Wright [2021] QDC 173– Awarded $30,880.00

In January 2018, Ms. O’Connor, then 19, was driving her motor vehicle north on the Bruce Highway. Ms O’Connor slowed her vehicle to nearly a stop before being rear-ended by a car travelling at about 70km per hour. Ms O’Conner sustained a soft tissue injury to her cervical and thoracolumbar spine, aggravating pre-existing thoracolumbar scoliosis.

Injury Compensation Outcome

Head of Damage	Amount Claimed
General Damages	$ 11,880.00
Past Special Damages (including interest to date)	$ 1,000.00
Future expenses	$ 500.00
Future economic loss	$ 17,500.00
TOTAL	$ 30,880.00

Ketchell v RACQ insurance Limited [2021] QDC 307– Awarded $479,884.70.

Mr Ketchell, the plaintiff, was outside the front of the Royal Hotel in Ingham on April 2014 when a driver lost control of his motor vehicle. The car left the roadway, became airborne and struck Mr. Ketchell on his ankle, causing him to spin around onto his back. Mr Ketchell experienced immediate pain in his thoracic spine.

The judgment for Mr Ketchell was the sum of $479,884.70.

McKay v Armstrong [2020] QDC 127– Awarded $77,473.73

On Valentine’s Day, 2014, Ms McKay obtained injuries when a driver lost control of his vehicle and collided with her vehicle. Ms McKay suffered a predominant injury to her shoulder region with painful symptoms radiating up her neck, with a secondary psychiatric injury of adjustment disorder with anxious and depressed mood minorly attributable to the accident

Injury Compensation Outcome

General damages	$6,800.00
Past Economic Loss	$5,000.00
Interest	$13.73
Past Superannuation Loss	$465.00
Future Economic Loss	$50,000.00
Future Superannuation Loss	$5,665.00
Past Special Damages & interest	$3,000.00
Future Special Damages	$5,000.00
Future care and assistance	$1,530.00
Total	$77,473.73

Hariharan v Vojtisek & Anor [2020] QDC 276 – Awarded $269,840.64

Mr Hariharan suffered personal injuries from a motor vehicle accident that occurred in early 2017. Mr Hariharan was “T-boned” when the other car driver disobeyed a red light.

As a result of the accident, Mr Hariharan suffered a generalised musculoligamentous and soft tissue injury to the cervical spine and aggravation of mild pre-existing degenerative changes to the cervical spine.

The defendant pleaded that the accident caused a minor and temporary soft tissue injury which has long since resolved and therefore Mr. Hariharan suffered little loss.

Injury Compensation Outcome

General Damages	$10,620
Past Economic Loss	$82,450
Interest Thereon	$593.64
Past Superannuation	$7,263
Future Economic Loss	$152,373
Future Superannuation	$13,541
Past Special Damages	$1,000
Future Special Damages	$2,000
Total	$269,840.64

Busch v Parker & Anor [2022] QSC 211 Awarded $5000

In 2014 Mr Busch, age 48, was involved in a car accident. The insurer accepted liability for the accident. Mr Busch represented himself in his personal injury claim; this claim went to trial in 2022 when Mr Busch was 56. Mr Busch presented his personal assessment of damages with an appeal for $2,045,753.15. The defendant took issue were the nature and extent of the spinal injury and the resulting economic loss. Unfortunately, due to the lack of documented evidence provided by Mr Busch, his claims were ill-supported, and the judge only awarded him $5000.00.

Mr Busch Personal Assessment of Damages – Not Awarded

Total Medical Expenses	$4,005.15
Total Pharmaceutical expenses	$2,420.00
The claim amount for past economic loss	$154,117.00
Claim for future economic loss	$1,655,220.00
Damages for personal injury and loss of the amenities of life	$25,000.00
Interest on past economic loss	(Unquantified)
Loss of superannuation	$204,991.00
Total claim amount	$2,045,753.15

Allen v O’Donnell & Anor [2021] QSC 63 – Awarded $2, 499, 399.69

In January 2015, 49-year-old Mr Allen from Townsville was travelling to Brisbane with his three children in their Kia Carnival. Unfortunately, as they were driving, a Nissan Patrol veered onto the wrong side of the road and caused a high-speed head-on collision with Mr. Allen’s car.

This car accident was catastrophic and life changing as Mr Allen sustained extensive injuries, including fractures, tears to both ACLS, facial injuries, injuries to the teeth and gums, sight impairment, hearing impairment, PTSD, spinal injuries, traumatic brain injury and soft tissue injuries.

Injury Compensation Outcome

General damages	$109, 640.00
Past economic loss	$515, 957.20
Interest on past economic loss	$17, 245.69
Past loss of superannuation	$57, 025.39
Future economic loss	$959,040.00
Future loss of superannuation	$108, 659.23
Alternative accommodation	$45, 682.00
Interest on alternative accommodation	$330.18
Future rental expenses	$18,200.00
Future home modifications	$10,000.00
Future medical expenses	$77,014.00
Future surgery	$53, 100.00
Future medications	$43,000.00
Future aids	$60,000.00
Special Damages	$55,000.00
Interest	$900.00
Past care	$143,052.00
Future Care	$225, 554.00
TOTAL	$2, 499, 399.69

If you have been in a car accident and you would like further information on what your rights are, our Lawyers are incredibly experienced and happy to answer any questions and provide you simple straight forward advice that is relevant to you.

I’ve been in a car accident – what should I do?

Revolution Law2022-10-27T17:04:20+10:0012/08/2022|Featured|

I’ve been in a car accident – what should I do?

I was in a vehicle accident in Daisy Hill, Logan. I thought I was fine – we were not at fault and our insurance would cover the cost. Adrenaline was pumping as we dealt with the details. Ambulance, a fire truck and the police had all attended with sirens blaring and lights flashing. The ambos were considerate and questioning, but I told them I was okay. I was more concerned about the wreckage than myself.

The next day things changed. Enormous bruises started to discolour my legs. My shoulder started aching, and my neck area was tender. Flashbacks of the accident came with memories of the noise and fear. The next day as I was driving and I heard a thump and promptly dissolved into tears that came from nowhere, and I pulled over to the side of the road and wept. I had always considered myself stoic and now felt foolish for the emotional wreck I had become.

There are so many mixed emotions after an accident – from the big feelings, the meaning and fragility of life to the petty emotions – annoyance and embarrassment that it happened and frustration of losing valuable time to deal with the consequences.

Covid times had made access to Doctors limited, so a phone consultation provided the expected advice (over-the-counter pain medications and recommendation to visit the local hospital if symptoms worsen) and I continued on.

As the enormous bruises eventually started fading away the shoulder pain worsened. Sleeping on the uninjured side became the norm and I began using my “good” arm most of the time. I have bee hives and removing the honey-loaded frames up and out of the boxes produced agonizing pain. My employment was very physically active, and achieving goals became harder. I started on light duties, and my teammate had to take over more of my workload. I eventually started having a week off every month to recuperate.

Although I had been told to talk to a Personal Injury Lawyer, I brushed the advice aside. “It’s only a shoulder injury, and I will get better soon”, but I didn’t improve.

Months later, I returned to the Doctor and asked for help. Physio and exercises became part of my weekly routine and the Doctor recommended I find a Personal Injury Lawyer. The cost of Physiotherapy became the incentive, and I started the Personal Injury Claim Journey. It was a straightforward procedure to sign up. The insurance company promptly began paying for the physiotherapy and reimbursed me for the invoices I had already paid. I ended up changing jobs to one better suited to the more limited capabilities of my shoulder.

About a year after the claim began the injury had settled into what was considered a stable place, and I was given a compensation amount.

Even today – a few years later, my shoulder still causes occasional pain, but thanks to the Compensation offered my expenditure on treatments, pain medications, massages, loss of work and superannuation, and ongoing physiotherapy is all covered. Compensation is not a road to easy riches, but it does take away the pain of financial loss an accident can cause, and that was a blessing I remain very grateful for.

Here are the things that I found out in my journey –

Even if the other at-fault driver is uninsured or unlicensed CTP insurance will still cover your personal (physical and emotional) injuries.
You are covered by CTP Insurance if you are a passenger or a pedestrian.
Police – Call 000 if someone is trapped or injured, or if a police presence is required to direct traffic or deal with hazards like spilt fuel or downed power lines, or if any drivers appear affected by drugs or alcohol or anyone involved refuses to exchange details. Otherwise you can report the accident within 24 hours to Policelink ph 131444 and you will be provided with a report number which will assist with any insurance claims.
After an accident, be aware it takes time for the adrenalin to wear off and injuries to become apparent especially soft tissue and whiplash injuries if your head has been unexpectedly shaken back and forth on impact.
Get information at the accident scene. Personally, I found this was hard. I was in no mood to gather information, but it was essential. Suggested are the other driver’s details, including address, Rego number and owner details of the other car, witnesses details, photos of the location, vehicles and damage. This information makes claiming insurance for property damage or personal injury much easier later.
Contact your own insurance company and follow their process. (Many insurance companies have an App to lodge a claim)
Most importantly – don’t forget to take care of yourself. There is only one of you!
Drink lots of water. Hydrating your body will help your muscles and soft tissue heal more quickly.
Try massage to relieve pain. Don’t forget to let the therapist know about the accident so they can work with your body to encourage muscle recovery.
Get enough rest. Give your body a chance to heal. Take time off work if required.
See a Doctor if you are concerned. It usually takes 24 hours for whiplash, bruising and other soft tissue injuries to become evident. The Doctor also will tie any accident injury with future medical bills if you need to make a personal injury claim.
Physiotherapy – Talk to a physiotherapist. I have found Champion Health fantastic. The physiotherapist listens to your concerns and works out an action plan for exercise and stretching. If you have a Personal Injury Claim in place, ask your Doctor for a referral to a Physiotherapist and leave this for the insurance to pay for.

Don’t be like me and be tardy with starting a recovery program, hoping your body will heal! I slowed my recovery by thinking my body would “just get better.” I regret wasting time and not starting the Personal Injury Claim and Physiotherapy Program much earlier. If you need help – help is available. Compensation from CTP Insurance will enable the treatment and time to allow you to get back on track. Have a chat with one of the friendly lawyers at Revolution Law for a no-obligation, free consultation.