What are your options if you are injured and at-fault in a motor accident?

Accidents happen for various reasons and can cause all parties, including the at-fault driver, to suffer an injury that can significantly affect their life.

To pursue a motor accident compensation claim in Queensland, you must be able to prove fault against another party. This is tricky if you happen to be the person at-fault. The responsible person will often sustain an injury that requires medical treatment and may impact their ability to work. While an at-fault driver probably is unable to successfully seek assistance under the CTP scheme, there could be other resources available to support them in their rehabilitation.

Is there another party at fault?

It is important to consider whether any fault rests with any other party in the accident. Less commonly considered negligent parties include a road authority, a local council, a vehicle manufacturer or a car repairer. If there is a case of negligence committed by a third party that contributed to the accident, you may have an entitlement to seek compensation from them or their insurer for your injuries. It’s best to seek out legal advice if you find yourself in this situation – our lawyers can provide expert advice at no charge.

What can I receive from CTP?

Depending on the nature and severity of the injury, an at-fault party may be able to obtain funding of reasonable medical treatment from their CTP insurer. Every registered motor vehicle is required to have such insurance in Queensland. Even though it is not included in every policy, at-fault insurance is becoming an increasingly common component of CTP insurance. Often the policy will only cover significant injuries; for example, the policy may exclude whiplash and similar soft tissue injuries. In any case, if you sustain an injury and you are at fault, you should contact your CTP insurer to enquire if you have such coverage.

Medicare and Private Health insurance

Another consideration when requiring medical treatment for an injury should be Medicare coverage. A general practitioner may be able to prepare a Treatment Plan that will allow an injured person to access a number of Medicare-funded sessions of medical treatment such as physiotherapy, chiropractic treatment and psychological services. Similarly, if an injured person holds private health insurance, they may be able to utilise this to subsidise the cost of necessary medical treatment.

Loss of income

For many people injured in an accident, the biggest issue is recovering their loss of income incurred during periods when they cannot perform their usual work duties. While such economic loss would be recovered in a CTP claim, an at-fault driver will need to look elsewhere to try and minimise their financial loss. There are three places where you may be able to find compensation for your loss of income:

  • Superannuation

An important consideration should be your superannuation policy. You may be able to draw on your accrued superannuation funds, as well as access benefits from your super’s insurance. Most people may not even realise that their superannuation often includes income protection insurance. If you are unable to work after a motor accident, you should contact your superannuation fund to find out what insurance has been taken out on your behalf.

  • Disability Insurance

Another form of insurance is total and permanent disability insurance, which can pay a lump sum benefit to someone whose ability to work has been permanently impacted. If you encounter a dispute around your ability to obtain a benefit of the insurance, for example, if your claim is rejected, you should seek out legal advice as soon as possible.

  • Welfare Payments

An injured person whose ability to work has been impaired due to an accident may have an entitlement to welfare payments from Centrelink; enquiries are best raised with Centrelink to determine if you’re eligible.

National Disability Insurance Scheme

In more recent times the State and Federal Governments have established schemes designed to fund treatment and care services for seriously injured people, regardless of fault. These include the federal National Disability Insurance Scheme (NDIS) and Queensland’s National Injury Insurance Scheme (NIIS). While medical providers are best placed to provide further information relating to these schemes and their potential application, it is important to seek out advice as soon as possible.

Where can I receive legal advice?

At Claimify, our team of lawyers provide free legal advice regarding your entitlement to car accident compensation. If you are unsure if you can claim, contact us to discuss your circumstances. We are here to help.

We also have legal partners who can provide free legal advice in other areas of law, including superannuation matters. As time limits apply, act now and seek out advice as soon as possible.

Claims made easier.
Claims resolved faster.