Claims Process

3 year limitation. The most important time limit is the 3 year limitation period. You must start Court proceedings within 3 years of your motor vehicle accident, otherwise you will lose your legal right to compensation.

There are limited situations where a Court may extend this period, but it is very important to get legal advice well before then.

Before you can start any Court action, generally you must follow what are called pre-Court steps. Insured vehicle If you have details of the vehicle at fault and it is insured, then a Notice of Accident Claim Form must be lodged with the CTP insurer either within 1 month of you first consulting a lawyer or 9 months from the date of the accident, whichever comes first. If this is not done, you must then provide a reasonable excuse for delay. It is best to get legal advice about this.

Uninsured or unknown vehicle If the vehicle at fault was not insured or is unknown (e.g. hit & run), then a Notice of Accident Claim Form must be lodged with the Nominal Defendant. Claims against the Nominal Defendant have different limitation periods:

• A Notice of Accident Claim form must be lodged within 3 months of the date of the motor vehicle accident;
• If a Notice of Accident Claim form is lodged after 3 months of the date of the motor vehicle accident, then a reasonable excuse for delay must be provided;
• If a Notice of Accident Claim form is not lodged within 9 months of the date of the motor vehicle accident, you will forever lose your legal right to claim compensation for personal injuries against the Nominal Defendant.

The sooner the better. Benefits of starting your claim soon include:

• We can organize for the insurance company to pay for your treatment and rehabilitation expenses.
  E.g. physiotherapy, medication, specialist appointments etc.
• Protect your interests, because there are important limitation periods in compensation claims for a car accident.
• To avoid possible arguments by the insurer that a delay in starting your claim is evidence that your injuries are minor.
• The sooner you start your claim, the sooner My Car Accident Lawyer can push your claim to settlement negotiations.

Also, the Motor Accident Insurance Act 1994 requires certain steps called “Pre-Court steps” to be followed before you can start any Court action.”

Every CTP claim for personal injuries after a road accident is different. The length of the claim will depend on many things including:

• How long Police investigations take;
• How long the CTP insurer takes to investigate the accident;
• What injuries you have suffered
• How long your treatment and rehabilitation will take; and
• How the CTP insurer deals with your claim.

Generally the compensation claim process will take between 12 months – 24 months. Serious accidents, multiple car accidents or significant injuries (e.g. paraplegia, brain injury) can sometimes take longer.

My Car Accident Lawyer will keep you up to date throughout the compensation claim process and we will work with you to move the claim along quickly.

If you are injured in a car accident or road accident on the way to work, or on the way home from work, you can apply for workers’ compensation benefits with WorkCover Queensland or your employer, if they are self-insured.

It is best to contact My Car Accident Lawyer to obtain further advice particular to your situation, as this could affect the CTP claim for personal injuries.

My Car Accident Lawyer will assist you to obtain full compensation for personal injuries sustained in a motor vehicle accident. This may include:

Lost wages
If you have to take time of work after your injury to recover, you will be able to claim for the wages you lost while you were away from work.

Loss of future wages
Unfortunately an injury may cause you long term difficulties, which can then affect your ability to return to work to the same level as before the accident. A claim can be made for your future loss of income.

Loss of superannuation
If you take time away from work after a motor vehicle accident because of your injuries, and you lose wages, then you can also claim for superannuation that should have been paid to you.

Future superannuation can also be claimed if you have a claim for future loss of wages.

Out of pocket expenses
After a motor vehicle accident you might pay for medication (e.g. Panadol, Nurofen etc) or treatment (e.g. GP, massage, physiotherapy, x-rays etc). You can claim those expenses back from the CTP insurer.

Future medical expenses
If the doctor recommends you should have some treatment or take some medication in the future because of your injuries from the accident, then you can claim these future medical expenses.

Pain and suffering
You can claim a limited amount of compensation for the pain, suffering and impact of an injury on your life. Unfortunately, this is now strictly limited by law, so it is best to talk to a lawyer.

Other costs
There can in some cases be other costs that you can claim including equipment (e.g. wheelchair, exercise balls, TENS machine, catheters etc), paid care and assistance (e.g. lawn mowing or gardening services, Blue Care etc) and sometimes even the time that family and friends provide you with care and assistance.