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If you have been injured in a motor vehicle accident you may be able to make a claim for personal injury under the Motor Accident Insurance Act 1994 (Qld). A claim can arise from a number of different incidents including:
- The driver of a vehicle (including a motorcycle) who is injured as a result of an accident caused by another driver;
- As a passenger injured as a result of the actions of another driver or the driver of your vehicle;
- A pedestrian, cyclist or other road user struck by a vehicle; and
- Either a driver or passenger of a vehicle injured as a result if the actions of a defective motor vehicle where the defects caused the vehicle to lose control.
If you have suffered injuries as a result of a motor vehicle accident and there is a connection between the motor vehicle accident and the injuries suffered by you, you may be entitled to make a claim for compensation. Injuries covered by the legislation include:
- Fatal Injuries;
- Physical injuries;
- Psychological injuries; and
- Aggravated pre-existing injuries.
How to make a CTP Claim:
Step 1 Report the accident to the Queensland Police Service, ensure that you advise them of your injuries at the time of making the report;
Step 2 A Notice of Accident Claim Form must be lodged with the nominated CTP insurer of the at fault vehicle within nine (9) months of the accident or onset of symptoms. The Notice of Accident Claim Form can be downloaded from the Queensland Government Motor Accident Insurance Commission Web Site: http://www.maic.qld.gov.au/forms-publications-stats/forms-for-claimants.shtml
Note Page seven (7) of the Notice of Accident Claim Form contains a medical certificate which forms part of the Notice of Accident Claim Form and needs to be completed by you general practitioner or treating medical specialist.
If the at fault vehicle is not registered or you do not know the registration number of the at fault vehicle.
If the vehicle at fault is unidentified or unregistered strict time limitations apply. The Notice of Accident Claim Form must be served on the Nominal Defendant within three (3) months of the date of accident.
The Nominal Defendant
The Nominal Defendant is a statutory body established by the government within the Motor Accident Insurance Act 1994 to compensate claimants who may have been injured as a result of the negligent driving of either a unregistered (uninsured) or unidentified motor vehicle.
For the purpose of lodging a Notice of Accident Claim Form, the Nominal Defendant is considered a licensed insurer.
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