If another driver was wholly or partly responsible for a motor vehicle accident in Queensland, you may be entitled to make a claim against the Compulsory Third Party (CTP) insurer of the vehicle responsible for the accident.

But what can you actually claim?

There is no standard compensation amount for a car accident injury. The value of a claim depends upon the nature and severity of the injuries, the financial consequences of those injuries and the individual circumstances of the injured person.

What does Queensland CTP insurance cover?

Queensland's CTP insurance scheme provides compensation for people injured in motor vehicle accidents where another driver was wholly or partly at fault.

A claim is generally made against the CTP insurer of the vehicle responsible for the accident.

Importantly, CTP is concerned with personal injury. It is different from insurance dealing with damage to your vehicle or other property.

Depending upon the circumstances, compensation following a motor vehicle accident may include several different categories of loss.

1. Medical treatment and rehabilitation expenses

An injured person may require treatment immediately following an accident and for months or sometimes years afterwards.

Treatment and rehabilitation may include:

• GP and specialist appointments;
• physiotherapy;
• occupational therapy;
• psychological treatment;
• medication;
• rehabilitation programs; and
• other reasonable accident-related treatment.

MAIC states that treatment and rehabilitation under the Queensland CTP scheme can include both past and future treatment and is directed towards returning an injured person to their pre-injury function. Treatment funded by the insurer must satisfy requirements including being reasonable and appropriate and related to the accident injuries.

The future treatment needs of an injured person can therefore be an important consideration when assessing a claim.

2. Past loss of income

If your injuries prevent you from working or reduce the amount of work you can perform, you may be able to claim compensation for income you have already lost.

For example, an injured person might:

• be unable to work for several months;
• return initially on reduced hours;
• use sick leave or other leave because of the injury;
• lose overtime or allowances; or
• be unable to perform their previous employment.

Evidence of pre-accident earnings and the period of incapacity will generally be important.

Unlike workers' compensation weekly benefits, lost wages under the CTP scheme are generally considered as part of settlement negotiations rather than paid progressively as wages are lost.

3. Future economic loss

Some injuries continue to affect a person's ability to work long after the accident.

A person may return to work but still have a reduced capacity to earn income.

For example, an injury may prevent someone from:

• returning to physically demanding employment;
• working the same number of hours;
• undertaking overtime;
• pursuing particular career opportunities; or
• remaining in their previous occupation.

A claim can therefore involve not only wages already lost but also the future financial effect of an impaired earning capacity.

Loss of income under CTP can include both past and estimated future loss.

The assessment of future economic loss can be particularly important for a younger injured person or someone whose injuries are likely to have a long-term effect on their career.

4. Superannuation loss

Where an injury results in a loss of earnings, there may also be an associated loss of employer superannuation contributions.

Queensland personal injury legislation contains provisions dealing with damages for loss of superannuation entitlements associated with an impairment of earning capacity.

This can form another component of the overall economic loss calculation where applicable.

5. Pain and suffering and loss of enjoyment of life

Compensation for the non-financial consequences of an injury is commonly referred to as general damages.

General damages is defined as damages for pain and suffering, loss of amenities of life, loss of expectation of life or disfigurement.

In motor vehicle accident claims, the assessment of general damages is governed by the applicable Queensland statutory scheme and uses an Injury Scale Value (ISV) system.

Not every injury qualifies for an award of general damages and that the ISV system is used to provide consistency in the assessment of qualifying injuries.

The amount will therefore depend upon the nature and severity of the particular injury rather than simply the fact that an accident occurred.

6. Care and assistance

Serious injuries can also affect a person's ability to perform ordinary activities at home.

A person may require assistance with matters such as:

• cleaning;
• cooking;
• shopping;
• personal care;
• household activities; or
• other everyday tasks.

Depending upon the circumstances, a claim may include compensation associated with necessary care and assistance.

However, this area is subject to specific statutory requirements and thresholds. The availability of compensation for care should therefore be considered in the context of the particular claim rather than assumed to apply automatically.

How much is a car accident compensation claim worth?

There is no standard amount.

Two people injured in similar accidents can receive very different compensation because the financial and personal consequences of their injuries may be very different.

Relevant matters can include:

• the nature and severity of the injuries;
• whether the injuries are permanent;
• the person's age;
• occupation and pre-accident earnings;
• time away from work;
• future earning capacity;
• medical and rehabilitation requirements;
• the effect of the injuries on everyday activities;
• the need for future assistance; and
• whether the injured person contributed to the accident.

CTP claims are assessed individually and that compensation depends upon the type and severity of the injury and the claimant's personal circumstances.

What if you were partly responsible for the accident?

Being partly responsible does not necessarily prevent you from making a CTP claim.

A person injured in an accident caused partly by another driver may still make a claim, although their compensation may be reduced if they were also at fault.

The effect of contributory negligence will depend upon the circumstances.

What if you had a pre-existing injury?

Having a pre-existing medical condition does not necessarily prevent a claim.

The important issue is generally determining what injury, aggravation or additional loss was caused by the motor vehicle accident.

Accident-related treatment can include treatment for an aggravation of a pre-existing condition, provided there is sufficient evidence connecting it to the accident.

Medical evidence can therefore become particularly important where a person had symptoms or treatment before the accident.

Should you settle your claim early?

Care should be taken before resolving a claim while the longer-term effects of an injury remain uncertain.

Before assessing a final settlement, it may be necessary to understand:

• whether the injury is likely to resolve;
• whether further treatment is required;
• whether surgery may be necessary;
• whether there is a permanent impairment;
• whether the person will return to their previous work; and
• what future financial losses may result.

It is recommended to consider both costs already incurred and future costs caused by the injuries when working out a settlement amount and advises claimants to understand how their injuries may affect them in the future before settling.

Once a claim is finally settled, an injured person will ordinarily need to rely upon the settlement to account for relevant future losses included in the claim.

What evidence can help support a CTP claim?

The evidence required depends upon the losses being claimed.

It may include:

• medical records and reports;
• specialist reports;
• rehabilitation records;
• tax returns;
• payslips;
• employment records;
• evidence of time away from work;
• receipts for treatment expenses; and
• evidence about future employment or treatment needs.

We recommend retaining documents such as doctors' reports, receipts and proof of lost wages to support a claim.

Do you need a lawyer for a car accident compensation claim?

You are not required to have a lawyer to make a Queensland CTP claim.

However, legal advice can be useful where an injury is significant, liability is disputed or the accident has resulted in substantial past or future financial loss.

A personal injury lawyer can assist with matters including:

• identifying the CTP insurer;
• lodging and progressing the claim;
• obtaining medical and other expert evidence;
• assessing past and future economic loss;
• considering future treatment and rehabilitation;
• assessing the effect of contributory negligence;
• quantifying the different components of the claim; and
• negotiating the claim with the CTP insurer.

For more information about the overall claims process, read our guide to Motor Vehicle Accident Claims in Queensland.

This article provides general information only and is not legal advice. The compensation available in a motor vehicle accident claim depends upon the circumstances of the accident, the injuries sustained and the individual losses suffered.