The consequences of any car crash can range from a minor inconvenience to absolutely devastating. No matter where you fall on this spectrum, you want to be prepared if you have been injured in a car accident and require compensation.
A knowledgeable lawyer can advise you on the best route to take if you seek compensation after being involved in a car accident. We have collaborated with Smith’s Lawyers to find out how to make a no-win no, fee claim.
Who Is Allowed To Claim
You can lodge a Compulsory Third Party (CTP) insurance claim after you or a family member is injured in a car accident in Queensland. Another car owner or driver must either be fully or partially at fault.
You must claim against the CTP insurer of the at-fault vehicle (the car that caused the crash).
You are still entitled to make a CTP insurance claim if you share responsibility for causing the accident, although the compensation amount may be decreased accordingly.
Six Steps To Follow When Lodging a Claim
Step 1: Report the Accident to the Police
Follow the following steps if the car accident has not been reported yet:
- Fill out a Report of Traffic Incident to Police Form and drop it off at the police station.
- Report the accident to a police station instead of Policelink so that you note the reference number (QP number) for the claim form.
This must be done if you have suffered an injury as a result of a collision and intend to institute a CTP insurance claim,
Step 2: Adhere to the Timeframes
There are strict timeframes that must be respected. Your lawyer can help you understand what timeframes apply.
Step 3: Write Down the Registration Number of the At-Fault Vehicle
Get the registration number of the vehicle that caused the car accident and the registration numbers of any other cars involved.
You can find the CTP insurer of all Queensland-registered vehicles online. You will require the car’s registration number and car accident date.
You could contact the CTP regulator for the relevant state or territory if the at-fault vehicle were registered outside Queensland.
If the car is unidentifiable or is unregistered (and hence not insured), you can institute your claim against the Nominal Defendant.
For Nominal Defendant claims, the process is almost the same but with differing timeframes.
Step 4: Fill Out the Claim Form
Fill out your form with as much detail as possible to prevent any delays with your claim.
There are two types of claim forms: one form is used for non-fatal injury, and one form is used for fatal injury.
In the forms, you must note the following:
- A truthful account of the accident;
- The injury sustained; and the
- The effects of that injury.
Giving exaggerated or dishonest information about your claim is considered CTP fraud and could lead to prosecution.
Step 5: Attach Supporting Documents
Your claim requires certain supporting documents that must be attached to your form.
The documents that need to be attached include the following:
- Medical Certificate;
- Claimant Certificate;
- Proof of ID; and
- Law Practice Certificate (if you request a lawyer to represent you).
You can ask your lawyer for guidance if you need help obtaining these documents.
Step 6: Institute Your Claim
If you use the online form, you can send it online straight to the insurer. If you filled out the PDF claim form, send it to the CTP insurer of the at-fault vehicle.
The aftermath of an accident can make it worse. Consider engaging a lawyer who understands the process.