Injured in a Motor Vehicle Accident – What Are My Rights?

If you have been injured in a motor accident you may be able to make a claim for compensation under the Motor Accident Insurance Act 1994 (Qld) (the MAIA). However, this will only be the case if you are able to prove that you were not solely at fault in causing the accident.

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I was hurt in a motor vehicle accident - can I claim compensation?

It doesn’t matter if the person responsible for the accident can’t afford to pay compensation as the claim is actually made against their Compulsory Third Party (CTP) insurer. If they are uninsured or can’t be identified, the claim will instead be brought against the Nominal Defendant (a statutory body established under the MAIA to ensure injured parties in these circumstances can still claim compensation).

Injured? Get expert advice now: Smith's are Queensland's only 100% risk-free injury compensation lawyers. Insist on our 'No Win. No Fee. No Catch' ® promise. Check your rights with no risk or obligations now and talk direct to our Principal lawyer, Greg Smith. Call 1800 266 801 OR  check if you can claim

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What can I claim compensation for?

There are a number of “losses” that you may be able to claim compensation for. These include:

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• pain and suffering;
• loss of amenities of life, i.e. the impact your injuries have on your quality of life;
• loss of past and future wages or business profits;
• medical expenses;
• cost of care; and
• out of pocket expenses.

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How can I make a compensation claim?

Some CTP insurers may provide limited cover for at-fault parties in the event of serious injury or death – this will depend on the terms of your policy.

The amount of compensation that can be awarded is governed by the Civil Liability Act 2003 (Qld). Ideally, you will agree compensation with the CTP insurer or Nominal Defendant. If you’re not able to do so, you’ll have to go to court and have a judge decide how much you’re entitled to.

If the accident occurred while you were travelling to or from work, or in the course of your employment, you may also be entitled to a workers’ compensation claim under the Workers' Compensation and Rehabilitation Act 2003 (Qld).

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Time limits to claim for a motor vehicle accident injury

For most personal injury claims, a legal action must be commenced within 3 years of the date of the injury. If you miss this deadline, you will lose the right to claim compensation.

However, depending on where your injury occurred or who you are claiming against, specific pre-court procedures may apply which may have much shorter time limits. If you miss these time limits you may lose your right to claim unless you can provide good reason for delaying and why you should be allowed to proceed with your claim. 

Those aged under 18 will typically have until they are 21 to start the claims process.

In addition, getting accurate records such as CCTV or reliable witness statements for example may be difficult if starting a claim several years after the incident.

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In summary, it’s best to seek expert legal advice as soon as possible to ensure you understand your rights and the required evidence to make a strong claim can be gathered. View time limit information article for more detail. Call us on 1800 266 801 or start a live chat.