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Motor vehicle accident claims QLD

Before ever getting into an accident, you should know exactly what you need to do, and how to find legal representation when you need it. If there is an issue with your compulsory third-party insurance (CTP) claim, you’re not getting the coverage you deserve or you need help proving your level of fault in the accident, a car accident lawyer can help you through the process.

Gerard Malouf & Partners personal injury solicitors have the experience to defend your injury claim and can help you earn the compensation you’re owed.

Claiming compensation for a motor vehicle injury

Getting involved in a motor vehicle injury accident doesn’t only include vehicle crashes, but collisions with a bus, train, bicycle, motorcycle or truck as well. If you get into an accident, it’s important to know exactly what to do to protect yourself and earn compensation to cover your injuries.

What to do in an accident

After ensuring you are safe and do not need immediate medical attention, check on the other parties involved in the accident. If there are passengers in the vehicle with you, ensure everyone is okay. If anyone needs medical help, call the police right away. Queensland uses CTP insurance to handle all the medical needs of its customers. Every driver must register their car and at the time of registration, must have insurance. After an accident, you should call your insurer right away to get a personal injury claim started. This can help you get a paper trail started of your injuries if you need coverage. Even if your injuries are not realised until much later, you at least have documentation of when and where the accident happened and who was involved. When you lodge an injury claim with CTP there are several steps you need to take to remain eligible for compensation:
  1. Call the police whether or not anyone was injured on the scene.
  2. Fill out a Report of Traffic Incident to Police Form and turn it into the police station.
  3. Get the registration number of the at-fault driver vehicle that caused the accident. If the vehicle was registered in Queensland, your CTP insurer can find the car in their system. If not, the CTP regulator will need to step in. You’ll need to file against the Nominal Defendant if the vehicle is unidentifiable or unregistered.
  4. Complete a car accident claims form. There is a fatal and non-fatal form you’ll complete depending on what happened during the motor vehicle accident. You must be as accurate as possible and any deviation or missed points could result in a denied application.
  5. Provide supporting documentation regarding the accident like a medical certificate, a claimant certificate, proof of identity and a law practice certificate if you decide to seek the help of a law professional.
  6. Send your documentation to the correct CTP insurer’s office.
Once you lodge your CTP claim, you should hear back within 14 days with a decision from your insurer. They will inform you if your application was approved and how much car accident compensation they will provide — if any at all. You only have up to nine months to file a claim with your CTP insurer after the date of the crash or when your injuries have fully manifested. If you start working with an accident solicitor to earn compensation, you only have one month to lodge a claim after making initial contact. Every step of the way, your car accident lawyer at Gerard Malouf & Partners can work through the complications of your case. No case is the same, and it’s important to have a professional on your side who understands the ins and outs of car accident injury claims.

What type of claim can you make?

Whether you are at fault or not, you can still claim compensation. If you share some or all of the responsibility of a motor vehicle accident in Queensland, however, you will not get as much compensation as you would if you were devoid of accident responsibility.

The goal of motor vehicle compensation is to help you as you recover from your injuries. This support can come in the form of covering medical expenses, physical rehabilitation, lost wages in the past and the future, and quality of life compensation. You may also be experiencing pain and suffering as a result of the accident such as post-traumatic stress disorder, depression, anxiety, and so on, which you can claim with the help of a law professional from Gerard Malouf & Partners and a psychologist.

Once you have been approved for compensation, your road accident solicitor can work with CTP to get your needs covered. This means you can live without financial strain and instead focus on recovering to the best of your ability.

Compensation expectations

The amount of compensation you can earn will largely depend on the severity of your injuries, how the accident has impacted your life and your level of fault. A majority of Queensland car crashes result in minor injuries that you can recover from quickly and will only provide minimum compensation to cover damages. However, if you incurred a more serious injury like total body impairment which caused you permanent damage, you could receive more compensation to cover the extent of your needs.

Queensland Man Awarded $461,429 in Compensation After Car Accident

The Plaintiff in these proceedings refers to an elderly man whose motor vehicle was at a standstill in a line of traffic when suddenly his vehicle was struck from behind by the Defendant’s vehicle. The defendant was traveling at high speed on a busy Queensland road.

As a result of the impact of the collision, Plaintiff alleged that he suffered significant injuries to his physical body.

The CTP insurer in these proceedings admitted that Defendant owed Plaintiff a duty of care, and therefore breached his duty of care as he failed to keep a proper lookout for others on the road, keep control and reasonably stop the motor vehicle. Therefore, liability was not an issue in these proceedings. However, both parties disputed the amount of compensation the plaintiff should be awarded as a result of his injuries, damages and loss.

In this matter, the District Court of Queensland was required to make an accurate assessment of the extent of the Plaintiff’s damages as a result of the motor vehicle accident.

Previous Motor Vehicle Accident

The determination of the assessment of damages was disputed by the fact that Plaintiff had been involved in a previous accident in 2008, whereby he had also suffered serious injuries.

Concerning the matter of Nilon v Bezzin [1988] 2 Qd R 420, the District Court of Queensland had to take into consideration to what extent the plaintiff’s injuries and condition had worsened as a result of the accident.

In his evidence, Plaintiff claimed that he had sufficiently recovered from the injuries sustained in the 2008 accident. The Defendant, however. submitted opposing evidence that alleged that Plaintiff’s injuries were caused and related to the previous accident.

Medical Evidence

Both parties called upon their expert medical witnesses to give evidence on the extent of the plaintiff’s injuries and the relationship to Plaintiff’s previous motor vehicle accident.

Overall, the expert medical witnesses were divided on the plaintiff’s physical state before the second motor vehicle accident. Some evidence suggested that the plaintiff would have been in the same position, even if the second accident had not occurred.

In light of the above evidence presented to the court, it was held that the subject motor vehicle accident had caused the plaintiff injury to his person. The court concluded that the accident may have also aggravated pre-existing injuries that he sustained in the previous accident. Accordingly, the court held that Plaintiff ought to be compensated for his injuries, loss and damages.

Economic Loss

Based on the evidence presented by both Plaintiff and Defendant, the court accepted that prior to the subject of the accident, Plaintiff was working as a tiler with some interference and restrictions due to the injuries he sustained in the previous car crash.

However, as a result of the road accident, the court held that the Plaintiff went from a position where he was able to cope with tiling duties, to a position where he had great difficulty in even carrying out light tasks. For this reason, it was held that the second accident had reduced the Plaintiff’s earning capacity and therefore he would suffer economic loss in the foreseeable future.


In light of the reasoning outlined during the claims proceedings, the court awarded compensation for $416,429 in favour of the plaintiff, which included an amount for general damages, economic loss, special damages and future out-of-pocket expenses.

His Honours Assessment of the damages was as follows:

General Damages$35,000
Past Economic Loss$240,000
Past Superannuation$15,000
Future Economic Loss$135,000
Special Damages$4,577
Future Expenses$12,000

There are any number of considerations the court needs to take into account when reviewing your case. That’s why you need an experienced law firm behind you to guide your case in the right direction, every step of the way.

The Gerard Malouf & Partners difference

No matter if you’re at fault, partially at fault, or free from the responsibility for the accident, your personal injury lawyer at Gerard Malouf & Partners has your back. You can count on our professional team to handle your case with care, agility and focus so you can earn the compensation you need.

If you have been involved in a similar accident, and have suffered serious injuries, you may be entitled to compensation for the damages and losses you’ve experienced For a free, no-obligation consultation, contact Gerard Malouf and Partners Personal Injury Lawyers to arrange a free consultation with one of our Personal Injury Specialists.

About Us
Gerard Malouf & Partners have provided friendly, experienced legal advice to communities across Australia for over 35 years. Our Personal Injury Lawyers have taken on ten’s of thousands of cases and we are proud to have won billions of dollars for our clients.
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.

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