If you are injured in a car or road accident in Queensland then it is important to understand what to do immediately after the accident as well as your legal rights.
Any action will depend on the extent of your injuries. The number priority should be seeking medical attention and preventing any further injuries.
Where possible though you should:
You should seek to reduce the risks of further accidents or injuries at the scene.
Not only are you required to do this by law, it is also necessary to report the accident if you are wanting to make a claim under a Compulsory Third Party (CTP) insurance policy for any personal injuries you sustain in the accident.
Queensland Police Service provide the following advice for police involvement in the road accident.
If a vehicle requires / required towing then you need to report to attending officer or at local police station (to location of accident).
In other circumstance then accidents then police can be notified by:
To help lodge an insurance claim and any future compensation for injuries it is important to have detailed information from the scene when possible. Only do this if you are in a position to do so.
Note down key details of the incident such as:
If you are able to do so, take photos of the scene using your smartphone or camera including:
You should also report the accident to your insurer, even if you don’t plan to make a claim. There are two reasons for this: firstly, the other person may make a claim against you, and, secondly, most insurance policies place a duty on you to disclose any accidents and a breach of that duty could invalidate your insurance.
Claims for personal injuries (as opposed to damage to your car) must be lodged with the CTP insurer of the driver responsible for the accident. Find more information about what you can and can’t claim for in our 'Injured in a car accident, what are my rights?' knowledge base article.
Hopefully you will have obtained the details of the other driver, including their name, vehicle registration and insurance details, at the time of the accident. If they are uninsured or can’t be identified, your claim will be lodged with the Nominal Defendant.
Note – if you were solely responsible for the accident, you won’t be able to make a CTP claim.[/mk_message_box]
Some injuries and shock take a while to kick in. Be sure to look out for any symptoms of injury and seek treatment and rehabilitation to aid your recovery.
If an ambulance wasn’t called to the accident, you should seek medical attention as soon as possible. Injuries are not always apparent and therefore even if you don’t appear hurt, you may still need treatment. In addition, if you want to seek compensation for any injuries you suffered as a result of the accident, you will need to submit a medical certificate as part of your claim. If initially you are given the all clear and symptoms then develop at a later date, see a doctor as soon as possible after that.
In the state of Queensland, all drivers must have CTP (Compulsory Third Party) insurance, this is attached to the cars registration. If you have been injured in a motor vehicle accident in Queensland, and you were not the at-fault driver, you may be able to make a claim against the CTP insurance of the at-fault driver.
Strict time limits apply - seek legal advice ASAP - In most circumstances, the time limit to start a compensation claim is 3 years from the date of incident. Some processes need to be started much sooner. Seek expert legal advice ASAP. Call us on 1800 266 801 or start a live chat.
There are strict time limits for lodging a notice of claim for compensation for personal injury. It’s therefore important you don’t delay in taking the necessary steps, otherwise you run the risk of your claim being rejected. The deadlines for lodging your notice are as follows:
If you have been injured in a car accident in Queensland then you may choose to seek legal advice at any stage of the claims process.
It’s important to get advice for your specific situation. Check if you can make a risk-free compensation claim and get free initial advice from our Principal lawyer, Greg Smith.
Check your rights to compensation if you've suffered injuries as a passenger in a Queensland motor vehicle accident.
Check the process to recover costs from at fault driver in a road accident. Create a letter of demand in minutes with our free tool.