A motor vehicle accident can happen without warning. In the days and weeks afterwards, you may be dealing with injuries, medical appointments, time away from work and uncertainty about what to do next.

Queensland has a compulsory third party (CTP) insurance scheme that may provide access to treatment, rehabilitation and compensation where a person is injured in a motor vehicle accident caused wholly or partly by another driver.

Understanding the steps to take after an accident can help protect your position and ensure important evidence and time limits are not overlooked.

1. Seek Medical Attention

Your health should be the immediate priority following an accident.

Some injuries are obvious at the scene, while others may become apparent later. Even if your symptoms initially seem minor, consider obtaining appropriate medical assessment.

Medical records can also become important evidence in a CTP claim because they document your injuries, symptoms, treatment and recovery.

Continue to follow appropriate medical advice and attend recommended treatment or rehabilitation. Under Queensland's CTP scheme, reasonable and appropriate treatment and rehabilitation may be funded where the relevant requirements are met.

2. Record Details of the Accident

If you are able to do so safely, gather as much information as possible about the accident.

Useful information can include:

• the other vehicle's registration number;
• the other driver's name and contact details;
• the driver's licence details;
• details of any witnesses;
• photographs or video of the vehicles and accident scene;
• the location, date and time of the accident;
• road and weather conditions; and
• details of any conversations at the scene.

Photographs taken shortly after an accident can be particularly useful because vehicles may later be repaired and the accident scene may change.

Keep copies of documents relating to the accident and your injuries together.

3. Report the Accident to Police

Queensland Police require certain traffic crashes to be reported, including crashes involving an injury requiring medical attention, a driver who fails or refuses to provide required details, or a vehicle that has to be towed.

There is another important reason to report an accident if you have been injured: a traffic crash must be reported to police to make a Queensland CTP insurance claim.

You should obtain the traffic incident number, commonly referred to as the QP or QPrime number, as this is required for the Notice of Accident Claim Form. If the accident has not already been reported and you intend to make a CTP claim, MAIC advises reporting it at a police station so that a QP number can be obtained.

4. Keep Records of Your Injuries and Expenses

A personal injury claim is not determined simply by the fact that an accident occurred. The consequences of the injury for the particular person are important.

Keep records of matters such as:

• medical appointments and treatment;
• medications;
• rehabilitation and physiotherapy;
• out-of-pocket medical expenses;
• travel associated with treatment;
• time away from work;
• payslips and evidence of lost income; and
• assistance you require because of your injuries.

It can also be useful to keep a simple record of how your injuries affect your work, household activities and everyday life.

5. Understand Queensland's CTP Scheme

CTP insurance is attached to registered motor vehicles in Queensland.

If another driver was wholly or partly responsible for an accident that caused your injuries, a claim will generally be made against the CTP insurer of the vehicle that caused the accident.

You do not necessarily need to have been driving a vehicle yourself. Depending upon the circumstances, claims may involve drivers, passengers, pedestrians, cyclists and other road users.

If you were partly responsible for the accident, that does not necessarily prevent you from making a claim. However, your compensation may be reduced to reflect your contribution to the accident.

If you were entirely at fault, or nobody else was at fault — for example, some single-vehicle accidents — compensation ordinarily will not be available through the fault-based CTP claim process.

6. Lodge a Notice of Accident Claim

A Queensland CTP claim is commenced by lodging a Notice of Accident Claim Form with the relevant CTP insurer.

MAIC currently allows injured people to register through the Queensland CTP portal or use the Notice of Accident Claim Form for non-fatal injuries. Supporting information is required, and the completed claim form must be printed and signed in the presence of an eligible witness.

If you know the registration number of the vehicle that caused the accident, the relevant CTP insurer can be identified through MAIC.

What If the Vehicle Was Unregistered or Cannot Be Identified?

There are special arrangements where the vehicle responsible for an accident was unregistered or cannot be identified, including some hit-and-run accidents.

In those circumstances, a claim may be made against the Nominal Defendant rather than an ordinary CTP insurer.

Different and particularly strict time limits can apply to these claims, so early advice is important.

What Are the Time Limits for a CTP Claim in Queensland?

This is one of the most important parts of the process.

For most claims, the Notice of Accident Claim Form must be lodged by the earlier of:

• nine months after the accident, or nine months after symptoms first appear if the injury was not immediately apparent; or
• one month after first consulting a lawyer about the possibility of making a claim.

If the at-fault vehicle cannot be identified, notice to the Nominal Defendant generally must be given within three months of the accident. If notice is not given within nine months in an unidentified-vehicle claim, the claim against the Nominal Defendant is barred.

There can be circumstances in which a late claim is accompanied by an explanation or reasonable excuse, but you should not assume that a late claim will be accepted.

For that reason, it is preferable to obtain advice well before any deadline approaches.

What Compensation Can Be Claimed?

The compensation available depends upon the individual circumstances, including the nature and severity of the injuries and their consequences.

Depending on the claim, compensation may include amounts relating to:

Medical treatment and rehabilitation

This may include reasonable and appropriate treatment and rehabilitation associated with the accident.

Loss of income

Compensation may be available for income lost because an injury prevents or limits a person's ability to work, including in appropriate cases future loss of earning capacity.

Care and assistance

In some circumstances, the effect of an injury on a person's need for care, assistance or services may form part of the assessment.

Pain and suffering

Depending upon the nature and severity of the injury, compensation may include general damages for the impact of the injury.

Every claim is different. The amount of compensation cannot be determined simply from the type of accident or diagnosis.

What Happens After a CTP Claim Is Lodged?

Once a claim has been lodged, the insurer will investigate the circumstances of the accident and the injuries claimed.

You may be asked to provide documents, medical information, photographs or other records. You may also be required to attend a medical examination or assessment.

Treatment and rehabilitation may continue while the claim progresses.

It is generally important not to finalise a claim before the longer-term effects of the injuries can be properly assessed. Once a claim is settled, the settlement ordinarily brings the compensation claim to an end.

Do I Need a Lawyer to Make a CTP Claim?

You are not required to have a lawyer to make a Queensland CTP claim and may deal directly with the insurer.

However, MAIC itself notes that legal advice may be appropriate where a claim is complex or disputed.

Legal advice can also assist in identifying the appropriate insurer, complying with time limits, gathering evidence, assessing the consequences of an injury and considering whether a proposed settlement adequately reflects the claim.

This can be particularly important where injuries are significant, recovery is uncertain or the accident has affected a person's capacity to work.

Injured in a Motor Vehicle Accident?

The period following an accident can be difficult, particularly where an injury affects your ability to work or carry out your usual activities.

Obtaining advice early can help you understand the CTP process, applicable time limits and the evidence that may be required to support your claim.

Speak With a Gold Coast Personal Injury Lawyer

KMB Legal assists clients with motor vehicle accident and personal

injury claims across the Gold Coast and Queensland.

We provide straightforward legal advice and direct access to an

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