If you own a motor vehicle that is used or is intended to be used on public roads in Australia, you are required to take out a compulsory third-party insurance against liability for the death or personal injury of others arising out of motor vehicle accidents.
The relevant Queensland legislation is the Motor Accident Insurance Act 1994 (Qld) (MAI Act).
Compulsory Third Party Insurance (‘CTP insurance’):
is compulsory for all drivers in Queensland;
All motor vehicles driven on Queensland roads must be registered and have CTP insurance including:
You are not required to have CTP insurance for the following vehicles:
The Queensland CTP insurance providers are:
For a Common Law claim to succeed you (the person who suffered the personal and/or psychiatric injury) must establish that:
This is referred to as negligence.
The following steps must be taken in the pre-court stage of a common law claim:
The following steps must be taken in the court stage of a common law claim:
It is essential that legal advice be obtained about the court stage of a common law claim.
Completing a registration search of the registration number of the at-fault driver will state whether the at-fault driver is insured and who the CTP insurer is.
There are strict time limits associated with bringing a common law claim for damages in Queensland. The general time limit is three (3) years from the date of the accident. This means that you must commence court proceedings prior to the expiry of the three (3) year limitation date. In addition to this, you must give the CTP insurer of the at-fault driver, a notice of accident claim form within one (1) month of consulting a lawyer about the claim, or within nine (9) months from the date of accident occurring, whichever date comes first. If you do not give the insurer a notice of accident claim form within these time frames you will be required to provide a reasonable excuse for delay in lodging your claim late.
You must lodge a property damage claim in Queensland within six (6) years of the accident occurring.
Police will only need to attend a car accident scene if death or injury (requiring medical attention from a qualified ambulance officer, nurse or doctor) occurs to any party involved in the accident.
Car accidents must be reported to the police within 24 hours of the accident if there is any damage to vehicles, damage to other property, or if anyone is injured or dies.
If the at-fault driver is not insured and does not have CTP insurance you can still lodge a common law claim against the Nominal Defendant. The Nominal Defendant is a statutory body established under the MAI Act for the purpose of compensating people who are injured as a result of the negligent driving of unidentified and/or uninsured motor vehicles.
When driving a motor vehicle, there are laws to make sure you drive safely and obey the road rules. If a person disobeys these traffic laws, this is a traffic offence. Penalties can range from receiving a fine, incurring demerit points, a probation order or even going to jail. This depends on the type of offence, the circumstances, and the persons traffic history.
No compensation is paid to injured road users unless they can prove the injury was caused by the negligence of another person. During your common law claim the CTP Insurer will not generally pay for lost wages, however the CTP insurer may pay for reasonable rehabilitation and treatment expenses.
CTP insurance does not cover you for any damage caused to your vehicle, damage caused to other vehicles, damage to property, theft of your vehicle, or theft of the contents in your vehicle.
Evolve Legal assists individuals with tailored legal advice to fit their individual needs. Call Evolve Legal today on 1300 025 101.