Passenger Awarded $325,000 in Compensation Following a Car Collision
Case Overview A woman from Green Valley was a passenger in a car when the driver lost control of the vehicle, leading to a collision
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Car accidents are a devastating reality, with Queensland tragically recording almost 300 fatalities in 2023 alone. Beyond the human cost, many more suffer injuries that leave lasting impacts – physically, psychologically, financially, and in countless other ways.
If you’ve been injured in a car accident in Queensland, you may be entitled to compensation.
This guide to car accident compensation claims in Queensland will equip you with the knowledge you need to understand the process and your potential rights. You’ll find commonly asked questions, a step-by-step breakdown of the legal process, different types of compensation entitlements, and more.
Who is responsible for paying your compensation? What can you claim for? What factors may impact what you’re owed? Before moving forward with a compensation claim, it’s important to have answers to these critical questions.
If you have other questions that you would like answered, book a free, no-obligation consultation with one of our compensation lawyers.
Queensland’s Compulsory Third Party (CTP) insurance scheme ensures that victims of car accidents receive compensation for their injuries, regardless of who caused the accident.
Here’s a breakdown of how it works;
Depending on the severity of your injury and your specific circumstances, you may be entitled to various forms of compensation.
These can include:
If you decide to proceed with the car accident claim process, you may hear the terms “economic damages” and “non-economic damages” (also known as general damages). These terms categorise the different types of compensation available.
The amount of compensation you may receive in a car accident claim depends on several factors, including the timeframe of the claim, any contributory negligence involved, and the severity of your injuries. Ask yourself the following questions:
In Queensland, the type of injury you sustain can impact the compensation you receive. Here’s a breakdown:
The are additional factors that may impact your entitlements, including:
For personalised legal advice on what you may be entitled to, consider booking a free consultation with a personal injury lawyer.
Call us for confidential, free legal advice.
If you’re considering filing a road accident compensation claim in Queensland, here is the process.
The plaintiff, an elderly man, was stationary in a line of traffic in 2016 when his vehicle was suddenly struck from behind by the defendant’s vehicle. The vehicle was travelling at high speed on a busy Queensland road. As a result of the car crash, the plaintiff alleged significant physical injuries.
The CTP insurer asserted that the defendant owed the plaintiff a duty of care and breached this duty by failing to maintain a proper lookout, control, and reasonable stop of the vehicle. Thus, liability was not in dispute.
The case focused on the amount of compensation the plaintiff deserved for his injuries and losses.
The District Court of Queensland needed to assess the extent of the plaintiff’s damages from the accident. This was complicated by the plaintiff’s involvement in a previous accident in 2008, which also resulted in serious injuries.
In line with Nilon v Bezzin [1988] 2 Qd R 420, the court had to consider how the 2016 accident worsened the plaintiff’s pre-existing condition. The plaintiff claimed to have recovered from the 2008 injuries, while the defendant argued that the current injuries were related to the previous accident.
Expert medical witnesses provided conflicting testimonies on the plaintiff’s pre-accident condition. Some believed that the plaintiff’s current limitations would have occurred even without the second accident.
The court found that the 2016 accident caused the plaintiff new injuries and possibly aggravated pre-existing ones, warranting compensation for his injuries, loss, and damages.
Regarding economic loss, the court acknowledged that the plaintiff was working as a tiler with some restrictions from the 2008 injuries. The 2016 accident, however, significantly reduced his ability to perform even light tasks, thereby diminishing his earning capacity and causing foreseeable economic loss.
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 |
Interest | $19,545 |
Future Economic Loss | $135,000 |
Special Damages | $4,577 |
Interest | $307 |
Future Expenses | $12,000 |
Total | $461,429 |
This case highlights the challenges of determining compensation when pre-existing injuries complicate the picture. Detailed medical evidence and witnesses are crucial in such situations.
Once you lodge your CTP insurance claim, the insurer will contact you within 14 days to confirm if your claim form was correctly lodged and whether they will cover reasonable rehabilitation expenses.
Your insurer must then decide on liability within six months. If liability is accepted, they will cover reasonable medical and rehabilitation costs. If liability is denied, disputes can be resolved informally through mediation or litigation.
If you disagree with the insurer’s settlement offer, you can first try to resolve the issue informally by discussing it directly with the insurer.
If this approach proves ineffective, you can proceed to a mediation conference where both parties will attempt to reach an agreement. Should the disagreement persist, you may need to escalate the matter to court for resolution.
Yes.
If your family member passed away in a car accident, you can claim compensation if the accident was wholly or partially the fault of another person. As a relative or dependent of the deceased, you may be eligible to claim for loss or expenses. The claim is made against the CTP insurer of the at-fault vehicle.
Possibly.
If you and the insurer cannot reach an agreement on the settlement amount or liability, the matter may need to be resolved in court. Initially, you can attempt to resolve disputes informally or through a mediation conference. However, if a private settlement is unable to be reached, taking the issue to court becomes necessary.
You may still be eligible for compensation if you were partially at fault for your accident.
Contributory negligence is a legal term that refers to the situation where the injured party is found to be partly responsible for the accident. In such cases, your compensation may be reduced to reflect your share of the fault. The insurer will assess the extent of your contributory negligence and adjust the compensation amount accordingly.
Privately settled claims tend to resolve in weeks or months, whereas claims that require litigatory intervention may take longer.
In general, the timeline for settling a claim can vary based on the complexity of the case, the severity of the injuries, and the cooperation of the involved parties. Insurers are required to make a liability decision within six months of receiving a correctly lodged claim. However, reaching a final settlement may take additional time, especially if negotiations are prolonged or if the matter proceeds to court.
We’re Australia’s leading personal injury law firm.
This means that we have the resources and expertise necessary to ensure a successful claim outcome. In the rare instance that we aren’t successful, you’ll be covered by our no-win, no-fee policy. This policy ensures you won’t pay any legal fees unless we win your case. We cover all upfront costs, including those for barristers, professional experts, medical reports, and court fees — so you can pursue your claim without financial worry.
If you have questions or would like to begin the claim process, click here to book a free, no-obligation consultation with one of our motor vehicle accident lawyers.
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