At Injury Legal, we are experts in motor vehicle injury claims and we act on a no-win, no-fee basis.
The most important thing to do following a motor vehicle accident is to ensure that you have obtained proper details of the drivers and vehicles involved in the collision. You will need those both for any property damage or personal injury claim. If the police did not attend the accident scene, you will need to report the accident to the nearest police station to the accident site as soon as possible and ask to be issued with a Queensland Police (QP) reference number.
If you have been injured and the vehicle responsible for your injuries has been identified, you will need to lodge a CTP claim form (known as a Notice of Accident Claim Form) with the CTP insurer of the at-fault vehicle within the earlier of one month of you first speaking with a solicitor about the possibility of bringing a claim or nine months of the date of the accident. If you have exceeded those time limits you can still proceed with a personal injury claim, but you must provide a reasonable excuse for delay in doing so at the time of lodging your Notice of Accident Claim Form.
If the vehicle responsible for your injuries is unidentified, you will need to conduct urgent investigations and lodge a Notice of Accident Claim Form with the Nominal Defendant (the CTP insurer for unidentified and unregistered vehicles in Queensland) within the earlier of one month of you first speaking with a solicitor about the possibility of bringing a claim or three months of the date of the accident. Where you have exceeded those time limits you can still proceed with a CTP claim against the Nominal Defendant provided that you lodge the Notice of Accident Claim Form with the Nominal Defendant within nine months of the date of the accident and it is accompanied by your reasonable excuse for delay in doing so. If you fail to comply with that time limit your CTP claim against the Nominal Defendant will be statute barred and extinguished.
The Notice of Accident Claim Form must contain various other information regarding your earnings/employment and injuries and must be certified by you (or someone on your behalf if you are unable) and be accompanied by a completed CTP medical certificate.
Additionally, if you have not settled/finalised your CTP claim within three years of the date of your accident you must file a claim in the court, failing which your right to claim damages for your injuries will be statute barred and extinguished.
Lodging, progressing and resolving a CTP claim can be difficult. Other strict time limits in addition to those mentioned above also apply.
If you need help with or advice about a motor vehicle injury claim, contact one of our CTP claim experts for a free, confidential, no-obligation chat about your rights on 07 3001 2900 or Start Your Claim by clicking here.