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5 Things You Need to Know about Bringing a Claim for Personal Injuries as a Result of a Motor Vehicle Accident

  1. Report the accident to the Queensland Police.

It is a requirement under the Motor Accident Insurance Act (“the Act”) that a person who wishes to bring a claim for compensation as a result of injuries sustained in a motor vehicle accident, reports the accident to the Queensland Police. This can be done by simply informing the Police at the scene of the accident or by visiting your local Police station in circumstances where the Police have not attended the accident scene. Alternatively, a pro forma document called ‘Report of Accident to Police’ can be submitted to your local Police Station. This form can be found on the Motor Accident Insurance Commission’s website.

  1. Take details of the other party.

It is imperative that when involved in a motor vehicle accident the following details are obtained:

  • Registration of all vehicles involved, especially the vehicle at fault;
  • Make, model and colour of the vehicle at fault;
  • The driver at faults name and contact number. It is always a good idea to see a copy of their Drivers’ Licence to verify their identity; and
  • It is also helpful to take photographs of the vehicles and accident scene.

All these details are important to ensure a claim can be lodged against the correct Insurer for the vehicle at fault for the accident.

  1. If possible, obtain Witness details.

Sometimes liability in relation to motor vehicle accidents is disputed between the parties involved. It is therefore imperative that you obtain the details of any witnesses to the accident so that they can be contacted to provide a statement in support of your claim.

  1. Seek Medical Assistance.

If you are injured in a car accident, it is imperative that you seek Medical assistance as soon as possible. If the injuries are severe, naturally you should contact an ambulance whilst at the scene or if the injuries are not severe, attend a local Medical Practitioner. This will ensure that you obtain appropriate treatment and the injuries sustained are documented by a medical provider. It is also a duty of any injured person to mitigate their loss by seeking medical treatment and undertaking any necessary rehabilitation. Without an attendance at a hospital or medical practice, it may be difficult to prove the injuries are related to the accident. In addition, it is a requirement under the Act that when delivering a Notice of Claim upon an Insurer, a Medical Certificate detailing the injuries and the treatment required be provided. The Medical Certificate should be completed by either the Hospital or local Medical Practitioner that sees you for treatment of your accident related injuries.

  1. There are time limits to serve a Notice of Accident Claim form.

It is a requirement under the Act that you deliver a Notice of Accident Claim Form on the Compulsory Third Party Insurer of the vehicle at fault for the accident within the earlier of the following:

  1. Nine (9) months from the date of the accident; or
  2. One (1) month from consulting a Lawyer about bringing a claim.

This prompt action in delivering the Notice of Accident Claim Form will ensure that your rights are protected and that investigations by the CTP Insurer into the extent of the injuries and the circumstances of the accident occur promptly. This can save a significant amount of grief later on in the claim.

Contact our office for further advice on 13 58 28 or email us at  [email protected]