Compensation for Car Accident Injuries
If you have been injured in a car accident that was someone else’s fault, you could be eligible to claim compensation from the liable CTP insurance company. A successful CTP claim for motor vehicle injuries could provide financial support, such as income support payments, and cover medical treatment costs.
But it can be tricky to access car accident compensation because compulsory third-party (CTP) insurers will try to limit their liability for damages, and there are strict time limits. Knowing the correct steps can make a big difference to your outcome.
Our legal guide to motor vehicle accident injury claims explains the following:
- Your entitlements under a CTP insurance policy
- Eligibility to make a claim
- How much car accident compensation can you expect
- When to seek legal advice
- How to claim compensation
Free Legal Advice When Injured in a Motor Vehicle Accident
An injured person has the right to seek legal advice for injuries sustained in a car crash, no matter how the accident happened. Our car accident lawyers offer a free case review to explain your eligibility to make a claim and your next steps.
All our legal services are funded on a 100% no-win, no-fee basis, which means you pay only for a win and nothing if you lose. Get direct access to a senior lawyer with no upfront costs or uplift fees. Call 1800 700 125
QLD Accredited Personal Injury Specialist for Car Accidents
- The motor vehicle accident team at Splatt Lawyers works with the guidance of Kerry Splatt, a Queensland Law Society Accredited Personal Injury Specialist.
- Accredited Specialist Lawyers have undergone a rigorous assessment process that recognises their advanced knowledge of personal injury claims.
About Compulsory Third Party (CTP) Insurance
CTP insurance is mandatory for motor vehicle registrations in Australia. The purpose of a third-party insurance policy is to provide financial protection for people who are injured in a motor vehicle accident caused by another driver.
- People injured in a crash can claim against the at-fault driver’s CTP insurance.
- You can claim even if partially at fault in some states.
- CTP insurance covers medical treatment for injuries from car accidents.
- But CTP insurance does not cover damage to vehicles or other property damage.
In Australia, each state and territory administers its own CTP scheme, so the rules and processes for making a claim will vary depending on where the accident occurred.
- Most injured road users are covered by CTP insurance.
- However, depending on how the accident occurred, you may be eligible to make a public liability claim or workers’ compensation claim.
About Internal Injuries and Soft-Tissue Damage
- MAIC statistics indicate that the majority of CTP claims are for whiplash injuries after a car accident. But there is a significant variation in the severity of physical damage.
- More severe car accident injuries include internal injuries, which are when immediate medical assistance is a top priority.
How Much Compensation for Car Accident Injuries?
There are no fixed compensation amounts when you have been injured in a car accident. Instead, the amount you receive in a settlement depends on your unique circumstances.
But, in general, CTP insurance covers medical treatment expenses for car accident injuries, as well as rehabilitation costs, pain and suffering, lost income and occasionally the cost of paid or unpaid domestic care.
Medical Treatment and Rehabilitation Costs
Your recovery is the top priority after being injured in a car accident. Consequently, the CTP insurance company will pay for reasonable medical treatment and rehabilitation costs when you have an approved claim.
That means the injured person can get immediate medical assistance by visiting a general practitioner or specialist, who will document their injuries and develop a treatment plan.
Remember, adrenaline can mask soft-tissue injuries after an accident, so you should always make a medical appointment. These expenses can include the following:
- Ambulance and hospital expenses
- Medical treatment and prescription medication
- Care-related travel expenses
- The cost of domestic services
- Physiotherapy and rehabilitation treatment
- Other out-of-pocket expenses
Insurance companies will often try to limit medical treatment costs by minimising the impact of your car accident injuries. That’s when a personal injury lawyer can help, because they know the tactics insurers use to reduce their liability to pay damages.
Tip Tip: Keep receipts for all medical expenses after the accident so you can have them reimbursed.
General Damages (Non-Economic Losses)
The pain, emotional distress, and loss of amenities you experience — and may continue to feel — as a result of being injured in a car accident are compensated through general damages, often known as pain and suffering compensation.
This type of compensation includes both physical and psychological injuries, including PTSD (post-traumatic stress disorder), which impacts about one-third of car accident victims.
An independent medical assessment uses the ISV Scale (Injury Scale Value) to determine the severity of your injuries and a corresponding amount for general damages.
Past and Future Lost Income and Super
If you have to take time of work because of your injuries and lose income, you could claim compensation for lost wages and superannuation, including past and future losses.
If your ability to work or earn a living has been affected by your injuries, you may be able to claim compensation for loss of:
- Wages and super benefits
- Lost opportunities, including promotions, overtime or a new job
- Future lost capacity
An experienced personal injury lawyer can advise on all aspects of a claim for injuries sustained in a car crash, including all aspects of financial damages for lost income.
Cost of Domestic Assistance and Care
If you are injured in a car accident and can no longer manage domestic tasks — or you require assistance with personal care needs — you could receive financial support for the cost of paid services during your recovery
- Only the costs of additional home care services would be covered. Not one that was in place before the accident)
- You may need to meet conditions under your state legislation to be eligible.
- A lawyer who specialises in personal injury claims can explain whether you qualify.
Loss of Consortium
You could be eligible to seek damages for loss of consortium if your partner was seriously injured in a car accident. That’s because this type of incident can change the nature of your relationship.
- Loss of consortium is a legal action for damages that a family member or spouse can file for the loss of affection, emotional support, companionship and sexual intimacy caused by a fatal accident or severe injury.
- An approved claim pays compensation for the negative impact on a relationship caused by such an incident.
About Fatal Accident Claims
If a car accident causes a fatality, the relatives or financial dependents of the deceased person may be eligible for compensation that covers funeral expenses or lost financial support.
Steps to Claim Compensation When Injured in a Car Accident
- Immediately after a motor vehicle accident, you should switch on your hazard lights and move your vehicle out of traffic to a safe position.
- Call 000 if anyone is hurt after an accident.
- If you are injured in a car crash, you should report the accident to your insurance company as soon as possible.
Here are the other steps to get compensation
Exchange details
It is mandatory for drivers involved in a car crash to exchange details with the other drivers or people involved, including vehicle registration numbers and contact details.
Note how the accident happened
- After that, you should take pictures and videos of the vehicle damage and any obvious injuries to record the accident site for insurance purposes and a police report.
- Be careful not to admit fault or talk about how the accident happened, and please seek legal advice before discussing anything with the third-party insurance company.
Report the accident to the police
You must report the accident to the police within 24 hours if:
- Someone is injured, or a vehicle needs to be towed (has significant damage)
- The other person involved in the accident flees the scene or won’t share their contact details
For your records and insurance purposes, you should get the names and badge numbers of any police officers who respond to an accident.
Seek medical assistance
Injured people should get immediate medical attention immediately after an accident. Remember that some car accident injuries may not be obvious at first but may develop over a few days or weeks, such as soft-tissue damage.
- Whiplash occurs in 75% of survivable automobile accidents.
- Internal injuries and post-traumatic stress disorder (PTSD) can also have delayed outcomes.
Report the injuries sustained to the CTP insurance provider
You could be eligible
Seek legal advice
Motor vehicle accident lawyers can offer practical advice if you are injured in a car accident. They can help you:
- Work out who was the driver of the at-fault vehicle
- Review your evidence and assist with the correct claim form
- Prepare an accurate statement of damages
- Assist with denied or disputed claims
Lodge a personal injury claim form
The next step of the claim process is to lodge a completed claim form with the CTP insurance company, along with all the necessary documents and evidence.
Get a settlement or court proceedings
- You will receive a lump-sum settlement after the assessment process and a successful mediation.
- If the insurer refuses to pay out, you may need to take the other party to court, which is rare.
What if I'm the at-fault driver and also injured in an accident?
As specified by MAIC, you cannot make a claim through the CTP insurer if you are at fault for an accident, because CTP insurance only covers parties who are considered not at fault for a collision.
But, if you were the at-fault driver and seriously injured in a QLD motor vehicle accident, you could still access financial support from the National Injury Insurance Scheme (NIISQ). This scheme can cover serious injuries, including:
- Spinal cord injuries
- Traumatic brain injuries
- Severe burns
- Bone fractures, which are common in high-impact car crashes