Passenger in Car Accident Compensation
If you have been injured in a car accident in Queensland you are eligible to claim compensation, even if you were a passenger.
Under a Compulsory Third Party (CTP) insurance scheme, unlimited liability coverage is available to vehicle owners, drivers and passengers for any injuries caused by traffic accidents. This means that a passenger is in the position to seek compensation from whomever was at fault for their injury and other losses related to the crash and personal injury, regardless of the passenger’s relationship to the at-fault driver.
How do I make a claim for compensation as an injured passenger?
The drivers involved in the accident are responsible for making a report about it to the police, but other parties to the accident including passengers, vehicle owners, pedestrians and cyclists are also able to make a report if required. Ideally, a report will be made to the police within 24 hours of the accident occurring.
A CTP claim can be lodged with the insurer of the at-fault driver after the police report has been made. As part of your claim, you will need to be able to prove that the at-fault driver’s negligence led to your injuries being sustained.
If you were injured in a car accident where the at-fault driver fled the scene, you still have the right to make a claim for compensation and should do so through the Nominal Defendant in Queensland.
How much time after the accident do I have to make a claim?
A claim should be lodged with a CTP insurer within nine months from the date on which the accident occurred, or from the date when the injuries first appeared (if they were not immediately evident after the accident).
For accidents where the at-fault vehicle is either unidentified or unregistered, the time in which you will need to lodge a claim is drastically shorter and must be done within three months of the date of the accident.
Will my claim for compensation burden the driver in any way?
In cases where the passenger has been injured in an accident where the at-fault driver is also their family member or friend, it can cause an uncomfortable situation and the injured party may be hesitant about making a claim for compensation at the risk of inconveniencing a person they are close to.
As CTP claims are made against the insurer and not the driver themselves, the compensation claim will not affect the driver personally, either financially or through involvement in the claims process. The insurer covers the legal costs and compensation and will also undertake its own investigation to determine who was at fault.
How can a personal injury lawyer help me make a claim as a passenger?
Thankfully, most people will not be injured in a traffic accident in their lifetime. But those who are or have been injured in a traffic accident will understand that making a claim for compensation can be a complex and time-consuming process which involves strict deadlines, the collation of important evidence and the preparation of a case – all while trying to heal from the injury endured in the accident. In some cases, motor vehicle accidents can cause severe injuries including the head and/or spine, leaving the victim unable to care for themselves and reliant on others for help. That is why it is prudent to seek the assistance of a personal injury lawyer who can manage the case from end-to-end, communicate with the insurer on behalf of the injured person and ensure that the maximum amount of compensation is secured so the injured party can focus on recuperating.
If you were a passenger in a car accident, speak to a lawyer today at Cairns Compensation Lawyers.