Motor Vehicle Accident Claims

Under the Motor Accident Insurance Act 1994 (Qld), our team advises that a Notice of Claim must be given to the CTP insurer within 9 months of the motor vehicle accident for adults, or within 2 years and 9 months for minors and claimants with impaired capacity. If the notice is given late, the insurer may accept it or require you to apply to the court for an extension. Extensions are not automatically granted — you must demonstrate a reasonable excuse for the delay and that the insurer has not been prejudiced. After giving notice, court proceedings must be commenced within 3 years of the accident.

At our firm, compensation under Queensland's CTP scheme includes general damages for pain and suffering and loss of amenities of life (subject to thresholds and caps under the Motor Accident Insurance Act 1994 (Qld)), past and future economic loss including loss of income and superannuation, past and future medical and rehabilitation expenses, gratuitous care and domestic assistance, and special damages for out-of-pocket expenses and travel costs. General damages are only available if the injury meets the statutory threshold of 5% or more whole person impairment under the Guides to the Evaluation of Permanent Impairment (4th edition).

At our firm, if the at-fault driver cannot be identified or was uninsured, you can claim through the Nominal Defendant, which is managed by the Motor Accident Insurance Commission (MAIC) under the Motor Accident Insurance Act 1994 (Qld). The Nominal Defendant steps into the role of the insurer and handles the claim. For unidentified vehicle claims (hit-and-run), you must report the accident to the police within 28 days and take all reasonable steps to identify the vehicle. The Nominal Defendant applies the same liability and quantum principles as a regular CTP insurer.

At our firm, contributory negligence under the Civil Liability Act 2003 (Qld) applies when the injured person's own actions contributed to the accident. Common examples include failing to wear a seatbelt, being intoxicated, or not paying due care as a pedestrian or cyclist. The court will assess the degree of fault attributable to the claimant and reduce the damages proportionately. For example, if a claimant is found 25% contributory negligent, their damages are reduced by 25%. Seatbelt non-compliance typically results in a 10-25% reduction, while intoxication can result in reductions of 25-50% or more.

Yes, but the amount of compensation depends on whether the injury meets the statutory injury threshold. Under the Motor Accident Insurance Act 1994 (Qld), our team assesses your entitlement. The threshold requires the injury to be a significant injury as defined by law. Minor injuries such as whiplash or soft tissue injuries have different entitlements.