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I was a passenger in a car accident, can I make a claim?

By 16 December 2015Special Law
photo of a woman bound in a car accident

Queensland has a common law ‘fault’ based Compulsory Third Party (CTP) scheme.  The scheme provides motor vehicle owners with an insurance policy that covers them for personal injury caused by the use of the insured motor vehicle.

For a passenger of vehicle who has been injured it provides access to common law. That means you have a right to approach a law court to seek monetary compensation from the person ‘at fault’ for the personal injury and other related losses.

As a fault based scheme it requires proof of liability, i.e. you must be able to prove negligence against an owner or driver of a motor vehicle. There are timeframes for lodgement of your notice of claim under the legislation.

To start your claim you must give a Notice of Accident Claim Form to the CTP Insurer. This Notice of Accident Claim Form must be served within nine (9) months after the motor vehicle accident or, if symptoms of the injury are not immediately apparent, the first appearance of symptoms of the injury.

Your claim could be rejected if you lodge outside the timeframes.

Early legal advice and lodgement of your claim will assist in early access to treatment and rehabilitation if required.