When Queensland road users pay their registration every year a proportion of those funds goes into a fund to help people who are injured in motor vehicle accidents.

A person who is injured in a motor vehicle accident can access that insurance fund providing there has been fault on the part of another driver. The fault can arise from the driving of the motor vehicle or where a motor vehicle loses control. It also applies where there has been a defect in the motor vehicle which caused the accident.

The insurance fund arising from payment of registration is called Third Party Insurance or CTP insurance. Unfortunately, CTP insurance does not cover property damage to a vehicle. However, in some circumstances the driver of the other motor vehicle will have what is called comprehensive insurance. This will allow another party to claim for property damage in those circumstances.

There are similar insurance schemes operating throughout the Territories and States of Australia. There are different laws and procedures applying in each State of Australia. The fact that a driver is in a motor vehicle from another State will generally not affect the claim.

The fact that the motor vehicle is unregistered does not necessarily stop a driver from making a claim. If the vehicle was unregistered and was being driven in a public place then an injured person can still make a claim. Public places could include somewhere like a beach or some “bush roads”

There are some vehicles in Queensland including backhoes, bulldozers, front end loaders, forklifts and cranes which will not be covered by CTP insurance unless the accident occurs on a road.

When a person has been injured in an accident they should immediately consult a solicitor. The reason for this is that a notice of accident must be given to the insurer. This generally needs to be done within 30 days of the injured person consulting a solicitor.

Danny Towne is member of the Australian Plaintiff Lawyers Association and is a Consultant with Rod Madsen solicitor.

Part 2

Last week I wrote of motor vehicle insurance generally. This week I will speak of specific instances of this type of claim.

Accidents involving a backhoe, bulldozer, front end loader, forklift and crane can still be covered by CTP insurance if the accident occurs on a road.

In some circumstances where a person is injured and the other motor vehicle involved in the accident is unidentified there can still be a claim. In these circumstances it is imperative that a person contacts a solicitor as soon as possible. The reason for this is that urgent enquiries should be made to try to identify the other motor vehicle. If the injured person does not make the due enquiry then the injured person’s claim may fail at a later date.

In circumstances where an unidentified vehicle is involved it is essential that a notice of claim be given to the insurer within three months from the date of the accident. This can be extended out to nine months, but after that an injured person cannot bring a claim.

In cases where there is not an unidentified motor vehicle a notice of claim must be given within 9 months of the date of the accident or from when symptoms from the accident are first noticed. In some circumstances this can be extended.

The Courts are currently taking a less lenient view of people who delay in instituting a claim.

In some cases an injured person’s payout will be reduced to reflect the fact that the injured person has contributed to the accident by driving negligently. This is called “contributory negligence”.

Danny Towne is member of the Australian Plaintiff Lawyers Association and is a Consultant with Rod Madsen solicitor.

Part 3

In the last two weeks I have spoken about motor vehicle insurance generally. This week I write about how a claim is made. A claim is made by delivering to the insurer a copy of a notice of accident claim.

The notice addresses fault on the part of the driver. The notice of claim also pays particular attention to medical treatment that a person has received. It also gives an indication as to what loss the injured person is likely to suffer in the future. These would include claims for medical treatment and loss of employment.

If the insurer admits liability then in those circumstances the insurer will often pay for medical and rehabilitation expenses incurred by the injured person. Generally it will be in the interests of the insurer to help the injured person be rehabilitated as this will minimise the overall effect of the accident.

Sometimes disputes will arise between the insurer and the person about what rehabilitative treatment should be given. In these circumstances an injured person will often apply to Court for an order that the insurer pay the rehabilitation expenses.

After a notice of claim is given the injured person’s solicitor and the insurance company will try to resolve the claim. In circumstances where the claim cannot be resolved and six months has expired the matter can be placed in the hands of the Courts.

Generally claims are resolved within the first six to 12 months after the accident. In circumstances where the insurer and the injured person disagree over liability or the extent of the injured person’s injuries it can take longer.

The process is often held up by everyone waiting for the injured person’s injuries to stabilise.

Danny Towne is member of the Australian Plaintiff Lawyers Association and is a Consultant with Rod Madsen solicitor.

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