Being a passenger in a car accident can be a distressing experience, but understanding your rights and the claims process can help you navigate the aftermath more effectively. In Queensland, passengers injured in a car accident have specific rights under the Compulsory Third Party (CTP) insurance scheme. This article will guide you through who to claim against and how the CTP scheme works, ensuring you receive the compensation you are entitled to.
Your Right to Claim
In Queensland, any person injured in a motor vehicle accident due to the fault of a driver is eligible to claim compensation. This includes passengers in private cars, work-related travel, and rideshare or taxi services. The CTP insurance scheme provides unlimited liability coverage for personal injuries caused by traffic accidents, ensuring that injured parties can seek compensation without financial burden on the at-fault driver.
Who to Claim Against
Private Cars
If you are injured as a passenger in a private car/motor vehicle, you can make a claim against the CTP insurer of the at-fault vehicle. This might be the vehicle you were travelling in or another vehicle involved in the accident. The CTP insurance covers the claim process, legal costs, and any compensation paid to you, meaning the at-fault driver (even if they are a friend, family member, or partner) will not be financially impacted by your claim.
Work-Related Travel
If the accident occurs while you are travelling for work purposes, you can still claim against the at-fault driver’s CTP insurer. Additionally, you may be eligible for workers' compensation through your employer’s insurance, depending on the circumstances of the accident and your employment terms. It is advisable to consult with a legal expert to understand the interplay between CTP claims and workers' compensation.
Rideshare and Taxi Services
Passengers injured in rideshare services (such as Uber or Lyft) or taxis are also covered under the CTP insurance scheme. You can make a claim against the CTP insurer of the at-fault vehicle, whether it is the rideshare/taxi you were in or another vehicle involved in the accident. The process is similar to that for private cars, ensuring you receive compensation without impacting the driver financially.
The CTP Claims Process
- Report the Accident: Ensure the accident is reported to the police within 24 hours, especially if there are injuries or significant property damage
- Gather Information: Collect the registration number, make, model, and insurance details of all vehicles involved.
- Seek Medical Attention: Get a thorough medical evaluation, even if injuries seem minor. Medical records will be crucial for your claim
- Lodge a CTP Claim: Complete and submit a Notice of Accident Claim Form to the CTP insurer of the at-fault vehicle. If the at-fault vehicle is unidentified or unregistered, you can lodge a claim with the Nominal Defendant, a statutory body that compensates people injured by unidentified or uninsured drivers
- Legal Advice: Consider seeking legal advice to ensure your claim is handled correctly and to maximise your compensation. Legal experts can help navigate the complexities of the claims process and deal with the insurer on your behalf
Who Pays Under CTP Claims?
The CTP insurance scheme is designed to cover all costs associated with personal injury claims, including medical expenses, rehabilitation, loss of income, and legal fees. The at-fault driver’s CTP insurer pays for these costs, ensuring that the driver is not personally liable or financially impacted by the claim. This system allows passengers to seek the compensation they need without worrying about causing financial strain on the driver, whether they are a friend, family member, or rideshare/taxi driver.
Next Steps for Claiming Compensation as an Injured Passenger
As a passenger injured in a car accident in Queensland, you have the right to claim compensation under the CTP insurance scheme. Whether the accident involves a private car, work-related travel, or a rideshare/taxi service, the process ensures that you receive the necessary support and compensation without financially impacting the at-fault driver.
By understanding your rights and following the correct procedures, you can navigate the claims process effectively and secure the compensation you deserve. Smith’s Lawyers team of personal injury compensation claim experts offer free online case reviews to check your legal rights.
Smith’s Lawyers services clients risk-free across the whole of Queensland including Brisbane, Gold Coast, Sunshine Coast, Logan, Ipswich and regional cities including Cairns, Toowoomba, and Townsville.
