If you have suffered personal injuries as a passenger in a motor vehicle accident in Queensland, you have the right to claim compensation from the CTP insurer of the driver who was at fault for the accident. This includes the driver of the car you were travelling in.
As the CTP scheme is fault based, you will need to prove that the ‘at fault’ driver was negligent and caused your injuries.
Passengers who suffer personal injuries have the right to obtain their own personalised legal advice.
Often the ‘at fault’ driver is a close friend or family member of the injured passenger and they may be concerned about making a claim because they don’t want to leave their family member out of pocket, drag them through court proceedings or have to prove that they were ‘at fault’.
If you are in this situation you should not be concerned about making a claim. The claim is made against the CTP insurer not the driver themselves. The claims process, legal costs and any compensation paid to you are all covered by the CTP insurance. The ‘at fault’ driver will not be left out of pocket, nor will they be actively drawn into the claims process or otherwise negative impacted by your claim.
however this will happen regardless of whether or not you make a claim. The insurer will determine who is at fault no matter what you do.
What’s more, the compensation you will receive from even a minor motor vehicle accident will usually far outweigh any increase in insurance premiums. An injured passenger is better off making a claim against the ‘at fault’ driver even if they are a family member.
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.
What to do if you have an accident with an uninsured driver on Queenslands roads. Check your rights.