In Queensland, if you are injured in a car or motor vehicle accident, you may be eligible to claim compensation under the Compulsory Third Party (CTP) insurance scheme. This scheme covers individuals who suffer injuries due to the negligence of another driver.
Below is a comprehensive guide on who can claim compensation and the conditions under which they can file for compensation.
Eligible Claimants
- Drivers
- Not at Fault Drivers: If you are a driver who was not at fault in a car accident, you can claim compensation against the CTP insurer of the vehicle that caused the crash. If you were partially at fault, your compensation might be reduced proportionately.
- Passengers
- General Passengers: Any passenger injured in a car accident can claim compensation through the at-fault driver's insurance. This includes passengers in private vehicles, taxis, and rideshares such as Uber.
- Passengers of the At-Fault Driver: Even if you were a passenger in the vehicle that caused the accident, you are still eligible to claim compensation from the at-fault driver's insurance.
- Pedestrians
- Pedestrians Hit by a Vehicle: If you are a pedestrian struck by a moving vehicle, you can claim compensation from the at-fault driver’s CTP insurance. This applies regardless of where the accident occurred, whether on crosswalks, sidewalks, or other road-related areas.
- Cyclists
- Cyclists Struck by a Vehicle: Cyclists who are hit by a motor vehicle can claim compensation from the at-fault driver’s CTP insurance. This covers injuries and associated losses.
- Motorcyclists
- Not at Fault Motorcyclists: If you are a motorcyclist involved in an accident where you are not at fault, you can seek compensation for your injuries from the at-fault driver's insurance. This includes costs for medical treatment, rehabilitation, and loss of income.
- Bus/Coach Passengers
- Injured Bus/Coach Passengers: Any passenger injured in a bus or coach accident due to another driver’s fault can claim compensation through the at-fault driver’s CTP insurance. This ensures protection for commuters using public or private bus services.
- Relatives of Deceased Victims
- Relatives or Dependents: If a person is fatally injured in a car crash, their relatives or dependents can claim compensation for loss or expenses. This includes reasonable funeral costs and financial losses arising from the death of an income provider.
Further Information on Compensation Claims
- Nominal Defendant Claims: If the vehicle that caused the accident was uninsured, unregistered, or cannot be identified (e.g., hit-and-run cases), claims can be made against the Nominal Defendant in Queensland. The Nominal Defendant acts as the CTP insurer in such cases.
- National Injury Insurance Scheme Queensland (NIISQ): This no-fault scheme provides necessary and reasonable lifetime treatment, care, and support to those who sustain eligible serious personal injuries in motor vehicle accidents in Queensland, regardless of who was at fault.
- Time Limits for Claims: Generally, injury claims must be filed within 9 months of the accident or within 1 month after consulting a lawyer about the incident, whichever comes first. For accidents involving unidentified or uninsured vehicles, claims must be filed within 3 months.
- Fault-Based System: Queensland’s CTP insurance scheme is fault-based, meaning that the claimant must prove that another party was responsible for causing their injuries. Legal advice is typically recommended to navigate this process.
Should You Seek Legal Advice?
Understanding who is eligible to claim compensation under Queensland's car accident laws is crucial for any injured party seeking justice and financial recovery after a crash.
If you fall into one of these categories and have been involved in a car accident, it is important to seek legal advice promptly to ensure all necessary paperwork is filed within required timeframes and to maximise your chances of securing fair compensation.
For personalised advice and assistance with your claim, contact Smith's Lawyers at 1800 960 482 or request a free case review online.
Queensland drivers, riders, and pedestrians can count on Smith's Lawyers for risk-free injury compensation claims. Our team serves all of Queensland, from Brisbane, Gold Coast, and Sunshine Coast to Logan, Ipswich, and regional hubs like Cairns, Toowoomba, and Townsville. We cover all road users and accidents, with our No Win, No Fee, No Catch® promise.
