If you were injured in a motor accident in Queensland, you are entitled to compensation under the following Claim Items. Claimify can advise and assist you with your Claim Valuation.
This compensates for how the injuries have affected you, including the pain, suffering and inconvenience you experience now and in the future. The amount claimable is governed by law, taking into account the severity of your injuries and other factors.
This includes loss of earnings (wages, salary, business earnings) you have suffered because of your injuries from the date of the accident to now. Loss of superannuation and interest can also be claimed.
This means the loss of earnings you are likely to suffer in the future because of your injuries. In calculating this loss, we’d like to know what your future career plans were prior to the accident and how these have been impacted. For example, you have reduced your hours, missed out on promotional opportunities, or need to look for other jobs. You can also claim future loss of superannuation.
This means reasonable expenses paid in the past because of your injuries, including for medical treatment, medication, travel, rehabilitation, medical aids or equipment, and services (personal care, mowing lawns, property maintenance). You can claim interest (at a prescribed rate) on the amounts you have paid yourself. If other providers (eg. Medicare, your Private Health Fund, WorkCover or other insurers, Hospitals) have already paid all or part of your expenses, we must recover these as part of your Claim and refund benefits paid to the benefit provider. It is important that we have evidence of your expenses, so please keep and upload any receipts or documents on My Documents & Expenses in ClaimHQ.
This means future expenses you are likely to incur because of your injuries. For example – medical treatment, medication, travel, rehabilitation, medical aids or equipment, and services (personal care, mowing lawns, property maintenance). It is helpful to have these expenses supported by evidence, often by medical professionals. We will discuss this with you during the Claim Valuation process.
This compensates for any voluntary care you have received because of your injuries. Past care can be for personal assistance (bathing, dressing, washing), domestic assistance (cooking, cleaning, house duties), or property maintenance (mowing, gardening). We are able to recover for this time at commercial rates. Note that you must have required care services for at least 6 hours per week for 6 months to qualify for this Claim Item.
This compensates for any voluntary care needs you are likely to require in the future because of your injuries. Future care can include for personal assistance, domestic assistance, or property maintenance. Again, this is claimable at commercial rates.
Claimify will discuss these items further with you during the Claim Valuation process.
Compulsory Third Party (CTP) insurance is the insurance that covers people for injuries sustained by an at fault driver of a motor vehicle. It is compulsory and paid with the vehicle’s registration.
Ask the driver at fault to make a claim on their comprehensive insurance policy and provide them with a couple of quotes. Once lodged, the insurance company will liaise with you to try to agree on a payment amount. They may want to inspect your vehicle or use their own repair company to fix the damage. Remember you have the right to use your own suppliers.
Consider this option if the driver at fault has no comprehensive insurance and no means of paying the damage bill. A couple of things to think about when claiming on your policy:
To make a Claim, contact your insurance company who will ask you to complete the Claim Form. They will help manage the process for you.
If neither party is comprehensively insured you will need to obtain multiple quotes for your vehicle’s repair. You should provide these to the at-fault driver, asking them to agree to pay the reasonable repair amount, in a reasonable timeframe.
If the at-fault party won’t pay for the vehicle’s repair, you will need to commence court action to obtain court orders compelling them to do so. For most claims, where the damage is $20,000 or less, the Queensland Civil and Administrative Tribunal (QCAT) will be the appropriate court in which to commence the action. QCAT is very user friendly: parties are encouraged to act for themselves, with helpful ‘how to guides’ available on the QCAT website. All necessary forms are also available on the website.
The Insurance Company is obliged to pay for your rehabilitation if they admit fault for your injuries. In some cases, they will agree to pay for some rehabilitation even if they deny fault or have not yet admitted it. They are obliged to make sure that you have access to reasonable and appropriate rehabilitation services.
Some examples of rehabilitation are:
Please organise your own rehabilitation directly with the Insurance Company and your Rehabilitation Provider. This way, we can concentrate on the Claim process and keep your legal costs as low as possible.
However, we’d really like you to check in with us throughout your recovery. Your recovery means a lot to us, even though Claimify isn’t arranging your Treatment Plan.
Once your Claim has settled, we will deduct the following items from your Claim:
When we can, we will give you real-time estimates of these, so that you can make informed decisions regarding settlement.
To represent you, we are required by law to:
Our Engagement contains:
Insurance companies often search Instagram, Facebook, Twitter, YouTube, LinkedIn and other social media websites to find information about you that might impact your Claim. This information could be pictures, videos, posts, comments, stories, check-ins, or anything else that you publish online.
Check your security settings and be mindful of being tagged in posts by friends.
Sometimes, insurance companies engage private investigators to observe and record you. This is usually in an attempt to prove that your injuries are not as bad as you have claimed.
Insurance companies are within their rights to do this, provided the investigator does not trespass or threaten you.
If you believe that you are under surveillance, please let us know. It’s best to carry on with your normal activities and not to approach anyone who you believe is conducting surveillance on you.
Our goal is to resolve your claim fast. Most cases settle out of court. We will give you the best options if we are unable to reach an agreement with the insurance company.
The Insurance Company is obliged to pay for your rehabilitation, if they admit fault for your injuries. In some cases, they will agree to pay for some rehabilitation even if they deny fault or have not yet admitted it. They are obliged to make sure that you have access to reasonable and appropriate rehabilitation services.
Some examples of rehabilitation are:
Please organise your own rehabilitation directly with the Insurance Company and your Rehabilitation Provider. This way, we can concentrate on the Claim process and keep your legal costs as low as possible.
It is important that you report the accident to the Police. If the Police weren’t at the accident scene and didn’t record all the details of the accident, please visit your nearest police station and report the accident.
We understand if you’re nervous and stuck for words when you talk to the police officer. After your online submission, we will summarise your accident in your ClaimHQ. You can take your ClaimHQ with you to the police station to help explain what happened.
The officer will ask you for details of the accident including:
Make sure you collect the following details from the Police Officer:
In addition to bringing a CTP Claim, you might be entitled to benefits under the Workers’ Compensation scheme. We can provide guidance and options here when assessing your Claim.
You can still start a Claim if you can’t identify the vehicle or driver at fault. Strict Time Limits apply for these Claims so it’s important to seek help early. Keep all evidence of the accident handy (reports, documents, photos) to boost your Claim prospects.
The insurance company can argue that you contributed to the accident or your injuries, by your own actions. This can reduce the amount of compensation you receive. Typical examples are passengers not wearing seatbelts or riding in a car driven by someone under the influence of alcohol or drugs. Claimify will guide you through this during your Claim.
Here is a general overview of the Motor Vehicle Claims Process in Queensland. There is more information about each stage in separate questions. It’s okay if it looks a little scary or confusing, Claimify will assist you each step of the way!
This involves submitting a Claim Form (Notice of Accident Claim Form) with the Insurance Company. The form must contain certain content, including an accident diagram and Police Accident Report Reference Number, and include a Medical Certificate in a prescribed format. There are time limits for Claim Lodgement. Claimify will draft the Claim Form for you and arrange for your signature and return.
This involves the Insurance Company advising whether you have complied with your legal obligations regarding the Claim Form content and format. Any non-compliance issues will need to be addressed. We will assist in obtaining Compliance and addressing any non-compliance issues. Our aim is always firsttime Compliance!
This involves Claimify (on your behalf) and the Insurance Company exchanging any documents relevant to the Claim. This could include accident reports, receipts or material regarding your injury and treatment. If requested, both parties are also obliged to provide information about the accident and injuries. We will help you comply with these steps.
The Insurance Company has 6 months from Compliance to investigate the accident and tell us whether they admit, partially admit or deny liability (fault). We will ask for an early response so your Claim can progress.
At the appropriate time, the parties will commence negotiations to try to resolve your Claim. This could be at the very beginning in the Claim Form, or later in the process once your injuries have stabilised and we are in a better position to value your Claim. We will prepare a Claim Valuation and wait for your decisions regarding settlement.
Once your Claim settles, there are a number of steps we need to follow before money is received. This includes formally agreeing to settlement terms, advising government departments and other organisations about the settlement, calculating settlement distribution, and receiving and distributing funds.
There are important Time Limits for Queensland Motor Vehicle Claims. You may be prevented from bringing a Claim if they are missed. It’s important that you receive appropriate advice regarding Time Limits as exceptions can apply.
We must lodge a Claim Form (Notice of Accident Claim) within the earlier of:
We may be able to give a reasonable excuse for delay if the Claim Form is lodged outside of these time frames, but we recommend compliance with the Time Limits wherever possible.
If we can give a reasonable excuse for delay, a Claim Form may be lodged outside of this time frame, but a compliant Claim Form MUST be lodged within 9 months after the accident. Otherwise, you will forever be prevented from bringing a Claim.
It may seriously affect your rights if the Claim Form is not lodged within time. We both need to do our parts and work together throughout the Claims Process to make sure your Claim Form is completed and lodged within time.
In Queensland, an injured person has 3 years from the date of the accident to bring a claim in a court; otherwise, they will lose their rights to bring a claim forever.
Prior to bringing a court claim, you must comply with several pre-courts procedures, including Claim Lodgement mentioned above. If we cannot settle your Claim through the pre-courts process, it is important that we commence court proceedings within 3 years to protect your rights. Again, we recommend that you comply with the Time Limit wherever possible, even though there are exceptions to this rule.
For us to lodge your Claim, please obtain a Medical Certificate signed by a Doctor.
We will give you a link to the Medical Certificate form, which you can give you to your Doctor to fill out. The Medical Certificate must be in this format.
It is important that your Doctor lists all your injuries, even if you think they are minor. This medical certificate confirms the injuries sustained and treatment received.
You can have your regular Doctor complete the medical certificate. The certificate must be completed by a Doctor – a Physiotherapist or Chiropractor will not be accepted.
Each case is unique and depends on various factors, including:
At the start of your claim, we will give you an estimate of how long it will take by comparing your circumstances with 10,000 similar claims.
We will a charge fixed fee plus optional extras, all at no win no fee. Within one business day of your completed enquiry, we will let you know what our fixed fee for your Claim will be and give you an estimate of the costs of extras (if any).
If you lose, then you don’t need to pay the fixed fee or the extras.
The full details of our fees are in Our Engagement which you will receive one business day after submitting an enquiry.
Compulsory Third Party (CTP) insurance covers drivers of vehicles who cause injuries to others, provided the vehicle they were driving was registered at the time of the accident. If the vehicle was not registered or is unidentified, the Nominal Defendant acts as the Insurance Company.
If successful, your Claim is paid by the Insurance Company (or Nominal Defendant) – not the person at fault.
To start your Claim, a Claim Form (Notice of Accident Claim) must be lodged with the Insurance Company of the at-fault vehicle. Claimify will assist and advise you during the Claim Lodgement process.
What you need to know about the Claim Form:
The following Time Limits apply to Claim Form Lodgement:
We must lodge a Claim Form (Notice of Accident Claim) within the earlier of:
A reasonable excuse for delay can be provided if the Claim Form is lodged outside of these time frames, but we recommend compliance with the Time Limits wherever possible.
If we can give a reasonable excuse for delay, a Claim Form may be lodged outside of this time frame, but a compliant Claim Form MUST be lodged within 9 months after the accident; otherwise, you will be forever prevented from bringing a Claim.
It may seriously affect your rights if the Claim Form is not lodged within time. We both need to do our parts and work together throughout the Claims Process to make sure your Claim Form is completed and lodged within time.
Compliance is where the Insurance Company confirms that your Claim Form is fully completed and complies with the appropriate laws. We will assist and advise you during this step in the Claim process.
What you need to know about Compliance:
Of course, we aim for first-time Compliance! We will work with you to ensure your Claim Form is comprehensively completed at Lodgement time.
Disclosure involves the parties to a Claim (you and the Insurance Company) exchanging documents, and in some cases information, relevant to the accident or your injuries. Claimify will advise and assist you during the Disclosure process.
You must cooperate with the Insurance Company, including by:
The Insurance Company may ask you to verify any above information through a statutory declaration.
The Insurance Company must cooperate with you, including by:
You can ask the insurance company to verify any information above by way of a statutory declaration.
NOTE that the parties do not have to disclose any documents or information that is the subject of legal professional privilege (eg. confidential legal advice and discussions). We will advise you in this regard.
The Insurance Company has 6 months from Compliance to investigate the accident and tell us whether they admit, partially admit or deny liability (fault). Claimify will assist and advise you during this process, including asking for an early Liability Response, so your Claim can progress.
The Insurance Company can claim Contributory Negligence if they believe that you are partly responsible for the accident and/or injuries. Common examples of Contributory Negligence include failure to wear a seatbelt or helmet, failing to keep a proper lookout, or failure to take appropriate evasive action. If the Insurance Company alleges Contributory Negligence, they are required to express what percentage of responsibility they believe you should wear. They will argue that your Claim Valuation should be reduced to reflect this percentage.
Negotiation is where the parties to the Claim attempt to resolve the Claim by agreeing on a settlement amount. We will negotiate your claim on your behalf, but the decisions will be up to you.
What you need to know about Negotiation:
Depending on your accident and injuries, we may recommend that you undergo a Medical Expert Review to assist in preparing your Claim Valuation.
This is where we arrange a Medical Specialist to independently assess your injuries and provide an opinion regarding your injuries, including:
The Medical Specialist will be experienced in giving medical opinions on motor accident claims. We will let the specialist know about your accident and injuries, but you will have to answer many questions. You should expect to be asked about:
It is important that you tell the Specialist all your problems, even if it’s small or embarrassing, so that they can make the most accurate assessment of your situation.
It’s extremely important that you answer all questions honestly and openly and be as thorough as possible so that the Specialist gets a full picture of how the injuries are affecting your life.
We understand this sounds like a lot, but Claimify will summarise details of your Claim in your Claim Storyboard, which you can take with you to the Medical Expert Review.
Further to answering questions, the Specialist may also:
To prepare for the Medical Expert Review, please:
After the appointment, the Specialist will send us a report which you can read through Claim HQ.
After your Claim has resolved there are some final steps that we’ll take care of for you before your monies arrive:
ClaimHQ is your personal online portal – always know what the next steps are and keep up to date with your claim on your time. On ClaimHQ you can:
We understand you want to know what’s happening right now with your Claim. That’s why we send you email or SMS notices when we pass a milestone. These milestones are also displayed in real time on ClaimHQ.
Thanks for playing an active role in your Claim! ClaimHQ has a [My Tasks] tab where your tasks are listed. Please tick off each task when you finish them, so we know that we can move on with your Claim. We really do appreciate you contributing to your Claim; it helps us move your case faster and keeps our fees down.
Yes. There are important dates by which certain things must be done. The ClaimHQ [My Key Dates] tab lists these key dates for you. For more information, have a read through What Time Limits apply?
Great! Thanks for taking the time to collect documents for your Claim! ClaimHQ has a [My Documents & Expenses] section where you can upload pictures of your accident and records of your expenses.
Well, we don’t want you to accidentally delete anything either. Please email us at [email protected] and we’ll delete any files which won’t be relevant for your Claim.
The whole team at Claimify care about how you feel throughout the Claim process. ClaimHQ has a [Feedback] tab where you can leave a smiley and a comment for us. We’d love to hear how you’re feeling, or if there’s anything we can do to make things easier for you
Life goes on throughout your Claim – addresses, phone numbers and email addresses can change. You can update your contact details at ClaimHQ [My Details].
The best way for you to update details of your Claim (eg. injury updates, work changes, etc.) is to email us at [email protected].
That’s okay, lots of people have so many passwords online and it’s hard to keep track of all of them. Please email us at [email protected] and we’ll help you with this.
Tip: password managers, such as KeePass, are a great way to store lots of passwords 🙂
At the top right of ClaimHQ where it shows that you are logged in, click the box and select [Change Password].
Claimify is providing a real legal service. To provide this legal service, we need to formally validate the identity of our clients.
We need two pieces of ID from you: both must have your full name, and one must be an Australian government issued ID. For example, a Driver’s Licence and a Medicare Card are acceptable.
Other examples of government issued ID are an Australian passport or visa, Citizenship certificate, Birth Certificate, Marriage Certificate, Change of Name Certificate and Centrelink concession card.
Yes, you can also verify your identity in person at a post office. Click here to search for your nearest post office.
Check the address in your web browser (top left). The address should start with ‘https://’ instead of just ‘http://’. This means information sent between us is encrypted and secure.
No. Claimify needs to know the identity of the people who are using our legal services. Being a legal firm, we have professional obligations to keep your Claim confidential. If you have any specific concerns about who will know what about your Claim, please email us at [email protected].
Claimify will send out documents to you to sign online via DocuSign. We will always tell you when a document needs to be read and signed.
First, we will send you an email/SMS and a notice so you know to expect a document requesting your signature.
Second, you will receive an email with a link to the document to read and sign. Please do not forward this document to anyone else. This email has your signature credentials.
You should receive an email requesting you to view and sign a document. If you click the link to your documents, you should arrive at the screen where you can sign your documents.
Once you agree to sign the document online, the [start] button should guide you to where your signature and other input is required. Please give the document a check over before you sign them. Claimify has automated most of your forms for you, so it’s super important that you check that everything is correct and complete.
Once you have finished signing and filling in any other areas, please click the [Finish] button. If the form requires another Signer, like a Witness, then you will receive a second email asking for a witness signature. If the form is now complete, then your form will go to Claimify’s legal team, and an email with the completed form to you, and if applicable, your Witness(es) or any other Signers.
Please email us at [email protected] and tell us what’s up. We’ll get in touch with you as soon as possible. If a form needs changing, we will send out a new form for you to sign.
Once you have signed, you will receive a second email for the Witness. Please do not forward your DocuSign emails. You will need to open this document, then change the sender. At the top right of the signing screen, there is a [MORE OPTIONS] menu where you can select [Change Signer].
Here you can type the name and email address of your Witness or new Signer, and even leave them a little message. The new Signer will then receive an email with a link to the document with their credentials.
We strongly encourage you to view and sign your documents online. Claimify is purely online and we do not keep paper records. If you are really struggling to sign online, or would prefer to not sign online, please email us at [email protected] and we can arrange something for you.
No, you don’t need to have a DocuSign account. You may choose to open an account, but that is completely up to you. You will be emailed a copy of your signed documents if you don’t have a DocuSign account.
For more information about DocuSign, click here.