The operation of the law of negligence and a person’s legal rights under that law
You are entitled to claim for damages as long as you are not at fault in an accident or if the accident was only partially your fault.
In Queensland all vehicles must have Compulsory Third Party (CTP) insurance, and a claim by a passenger will proceed against the CTP insurer of the vehicle at fault. This means that CTP Insurance will compensate you for your injuries.
If the vehicle is a “hit and run”, and you cannot identify the vehicle at fault, then you can still make a claim against the ‘Nominal Defendant’.
The following are common scenarios which are covered by CTP insurance:
- the driver of a vehicle where another vehicle is at fault;
- a passenger who suffers injuries in a motor vehicle accident – such as whiplash injury, neck injury or back injury, may have a claim for compensation. This can include passengers in motor vehicle accidents, motorcycle accidents, bus accidents;
- a pedestrian who is hit by a vehicle;
- a cyclist who is injured when they are hit by a vehicle; and
- a motorcyclist who is injured where another vehicle is at fault.
A claim for injuries suffered in a motor vehicle accident can include compensation for; loss of past income, loss of future income, pain and suffering, out of pocket expenses and any necessary care or assistance you will require due to your injuries.
The quantum of your claim will depend on how much the accident has affected your life and your earning capacity. It is important to get legal advice about the damages you may be entitled to before accepting an offer of compensation from an insurer.
Please do not hesitate to contact our office on (07) 4963 2000 or via our online contact form should you have any queries.