Do I have a motor vehicle accident compensation claim?
If you have been injured in a motor vehicle accident as a driver, passenger, cyclist, or pedestrian, odds are you are entitled to claim for compensation.
In Queensland, all vehicles must be registered and carry compulsory third party (CTP) insurance by law. This insurance covers compensation for people injured in a motor vehicle accident.
The only time you are not entitled to compensation is if it is proven you were solely or predominantly at fault for causing the accident.
Unfortunately, the determination of who is at fault in a motor vehicle accident (in a legal sense at least) is quite complicated for compensation claims. This is where an expert lawyer can work ror you - ultimately, in order to properly demonstrate that someone is at fault for the CTP process, you need to do more than simply describe the accident, but rather you need to be able to explain in legal sense (known as particularising) precisely why the other driver’s conduct amounted to negligence.
Provided your lawyer can properly do this to the CTP insurer or a Court’s satisfaction, you will be entitled to make a claim for compensation.