How am I covered if I have a traffic accident in Queensland?
Not every accident is ‘black & white’, so contact us for free legal advice regarding your motor vehicle accident. Examples of un-typical car crashes include accidents with children under 18 in the car (as children are allowed a longer time frame to lodge a claim) or if both drivers were partially ‘at-fault.’
Suppose you were injured and the at-fault driver was unlicensed or the car is unidentified, uninsured or unregistered, we can still lodge a claim on your behalf to the Nominal Defendant within a strict time frame of three months. There may be grounds to extend this limitation if there is a good reason to delay lodging a claim. Ask our lawyers for more information in a FREE consultation.
A Personal Injury means someone has been hurt physically or psychologically in an accident.
Property damage means damage to a vehicle or other property damaged in an accident.
CTP Insurance is the compulsory insurance included with the registration of your vehicle. CTP Insurance covers the cost of personal injuries of anyone injured in an accident — except the at-fault driver.
A Blameless Accident is an accident that is not the fault of the owner or driver of a motor vehicle or the fault of any other person. Examples: Medical episode of the driver, hitting wildlife or stock on the road, a vehicle failure (tyre blowout) or a single-vehicle accident.
Contact us for a free, no-obligation consultation to learn more about CTP Insurance and your options. We’re happy to answer any questions you may have.
Personal Injury
Of the not-at-fault driver
Covered by CTP insurance – includes the costs of treatment, rehabilitation and care (which may be for life), loss of income if you are an earner, and any other damages you may be entitled to lodge. (such as compensation for pain and suffering).
Personal Injury
Of the at-fault driver
Or
Injuries of drivers and passengers in a ‘Blameless Accident.”
Serious Injury Covered by NIISO Scheme. NIISQ covers severe personal injuries, including:
Permanent spinal cord injuries
Permanent Injury to the brachial plexus
Traumatic brain injuries
Severe burns
Permanent blindness caused by trauma
Multiple or high-level limb amputations
More information Link here
Less Serious Injuries
Sick leave, Centrelink benefits, Medicare, and the public health system.
Your insurance policies, such as income protection or private health insurance
Personal Injury
Of passengers (both in the at-fault car and not-at-fault car)
Covered by CTP Insurance – includes the costs of treatment, rehabilitation and care (which may be for life), loss of income if you are an earner, and any other damages you may be entitled to lodge. (such as compensation for pain and suffering).
Personal Injury
Other people caught up in the accident eg: cyclists & pedestrians.
Covered by CTP Insurance – includes the costs of treatment, rehabilitation and care (which may be for life), loss of income if you are an earner, and any other damages you may be entitled to lodge. (such as compensation for pain and suffering).
Personal Injury
From an at-fault driver in an unregistered car, interstate registered, uninsured or unidentified (Ie no CTP insurance with the car)
We make your claim with the Nominal Defendant – however, there is a shorter claim period of only three months.
Property damage when you have third-party Property Damage Insurance
If you were at fault, your Third-party Property Damage insurance will cover damage to the other vehicles. It will not cover damage to your car. You must let your insurance company know about the accident.
If you were not at fault, the at-fault vehicle’s insurance would cover damage to your car.
If the at-fault driver has no insurance, then you will need to
1 Negotiate with the at-fault driver to agree when and how they will pay for the damage, or
2 Apply to QCAT to resolve the dispute
Property damage when you have comprehensive Insurance
Your comprehensive insurance covers damage to your vehicle (and any other vehicle), whether you were at fault or not. Lodge a claim directly with your insurance company.
Property damage up to $25000 when neither party has insurance
This is the messiest of all situations and we have numerous enquiries about this.
You have two options –
1 Negotiate with the at-fault driver to agree when and how they will pay for the damage, or
It’s important to know that if you’re involved in an at-fault accident, the amount of coverage you receive and your eligibility to make a claim can vary based on your insurance policy. To understand the terms and conditions, read your insurance PDS carefully.
Here’s a breakdown of what to expect based on your policy type:
With CTP Insurance, you’ll be covered for personal injury claims made against you in the event of an accident involving pedestrians, cyclists, or other drivers. However, this won’t cover damage to your vehicle or the other drivers.
Third Party Property Damage Insurance may cover damage caused to another person’s vehicle or property, but won’t cover your own vehicle. You may opt for Fire and Theft Cover to protect against theft, fire damage, or attempted theft.
With Comprehensive Car Insurance, you’ll be covered for damage to your vehicle in the event of an accident, regardless of who’s at fault.
It’s worth noting that coverage may vary from insurer to insurer and from state to state, so be sure to do your research and check your PDS for full details on your specific policy.
ryan@revolutionlaw.com.au
