When a sudden incident leaves you injured, with mounting bills and an inability to work, the physical, financial and emotional toll can be overwhelming. However, if the incident is due to the fault of another, a compensation claim may be available to compensate you for your losses and get you back on your feet.
A compensation claim is a legal process taken to seek compensation for physical or psychological injury caused by someone else’s fault. Common types of compensation claims include:
Understanding the legal basis of your claim strengthens your position. Here’s what you need to prove:
Duty of Care: The person/ business you identify as being responsible for your injury must have an identifiable and definable legal obligation to act in a reasonable way to avoid harming you. For example, drivers have a duty to obey traffic laws, employers have a duty to provide workers with a safe workplace and system of work, and shopping centres have a duty to keep public areas clear of slip and fall risks.
Breach of Duty: The dutyholder failed to uphold their duty of care. This could be a driver speeding, an employer failing to have safety guards on machinery, or a shopping centre failing to have a reasonable cleaning service.
Causation: The dutyholder’s breach of their duty directly caused your injury; and your injury was a foreseeable and not insignificant risk of resulting from that breach.
Damages: You suffered actual loss and damage (identifiable and residual injury and impairment, associated medical bills, lost wages) due to the breach of duty.
The steps you take immediately after an incident can significantly impact your claim. Here’s what to do.
Document the incident. For car incidents, contact the police and your insurance company. For workplace harm, notify your employer.
Your health is paramount. As soon as you have reported the accident, seek medical attention right away, even if your injury seems minor. Your shock and adrenaline from the accident may be masking more serious injury and symptoms. Most people are not medically qualified and should not self-diagnose. And insurers (whether workers compensation, public liability or motor vehicle) are incredibly suspicious where there is no contemporaneous medical treatment – their immediate response is often that you were either not injured in the accident or your injury was very minor! So, medical records confirming injury assessment and treatment immediately after your accident is incredibly important evidence.
If you reported your accident to the police (motor vehicle), employer (work) or centre management (public liability) straight after the accident, then they should have conducted investigations to establish how you were injured and who was at fault. If you did not, however, have the opportunity to report the accident or your injury at the time (for whatever reason), it is important that you gather as much evidence as you can to support any claim that you may bring and to respond to any allegation that you were at fault for the accident. Collect as much evidence as possible from the scene. This includes photos, witness names and contact details. This will enable a lawyer to conduct a more detailed investigation and evidence gathering if your compensation claim is contested.
An experienced lawyer can advise you on your legal options and protect your rights.
Remember: Don’t discuss fault or post about your incident on social media. This can jeopardise your claim.
Once you’ve taken these initial steps to address your health and document the incident, you’ll be ready to move forward with the formal claims process.
While the previous steps focused on your immediate actions after an incident, the claims process involves the legal procedures you or your compensation lawyer must comply with in order to recover compensation on your behalf. Here’s a breakdown of the key stages.
A compensation lawyer will review your case, assess its merit, and explain your legal options.
Whether you are making a motor vehicle, workers compensation or public liability compensation claim, there is legislation prescribing a claim lodgment process and required forms to be supplied in order to be compliant. A compensation lawyer is very familiar with these forms and lodgment requirements and how to identify the relevant insurers who will respond to your claim.
You or your lawyer will need to compile evidence to prove and support your claim. This will include:
Medical Records: Documenting all treatments and expenses related to your incident.
Witness Statements: Securing testimonies from people who either witnessed your accident or who can give evidence supporting your claim (such as evidence about previous relevant incidents or about the assistance you have required as a result of your injuries).
Expert Testimony: Involving specialists to provide professional opinions on the severity of your impairment, its cause, and future impact.
The overwhelming majority of claims are settled out of court/ without proceeding to trial. The motor vehicle, workers compensation and public liability claim legislation all prescribe pre-litigation settlement conferences which require the parties to meet and attempt to resolve your claim. If you engage a compensation lawyer, they will negotiate with the other party’s insurance company or representative on your behalf. A compensation lawyer has experience and expertise in this process.
If a settlement can’t be reached, your case may go to trial. Here’s what to expect:
Pre-Trial Preparation: If you have a compensation lawyer, they will meticulously prepare your case, gathering additional evidence, preparing witnesses and arranging for a barrister to present your claim for court.
Trial Proceedings: Both sides will present their arguments, evidence and witnesses in court.
Verdict: The judge will determine the outcome of your case and the amount of compensation, if any.
Once a settlement is reached or a verdict is awarded, you’ll receive compensation for your damages. This typically includes:
Economic Damages: Reimbursement for actual financial losses, such as medical bills, lost wages, and property damage.
Non-Economic Damages: Compensation for intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life. These are damages are heavily regulated by legislation.
Important Note: The specific amount of compensation you receive will depend on various factors, including the severity of your impairment, the impact on your life, and the degree of negligence involved.
Receiving compensation is a victory, but there are additional steps to ensure a smooth financial recovery:
Managing Medical Bills and Liens: Medical bills and liens can be complex. Your lawyer can help negotiate outstanding balances and ensure you receive the maximum amount from your settlement.
Planning for the Future: If your impairments have long-term impacts, use the compensation wisely. Consider future medical needs, potential lost wages, and lifestyle adjustments. A financial advisor can be a valuable resource.
While you can navigate a compensation claim yourself, here’s why an experienced lawyer is your best bet:
Expert Guidance: Compensation law is complex. Lawyers understand the intricacies of building a strong case and maximising your compensation.
Skilled Negotiation: Lawyers are adept at negotiating settlements with insurance companies who often try to minimise payouts.
Trial Advocacy: If your case goes to court, a lawyer has the training, experience and expertise to represent you effectively and advocate for your rights in front of the judge.
Many types of incidents can be grounds for a compensation claim, including:
Medical negligence
Public liability incidents (e.g., slip and falls in public places)
Product liability (harm caused by defective products)
The amount you might receive varies depending on your situation, the state or territory where you are injured and the nature and cause of your injury.
It is recommended that you speak to an experienced personal injuries lawyer for an initial consultation in order for them to assess the viability of a claim on your behalf and to provide some guide as to the likely range of compensation that you might be able to recover should you bring a claim.
In Queensland, there is a general limitation period for personal injury claims – you typically have three years from your injury date or from your 18th birthday to protect your personal injury rights. How you can protect those personal injury rights will then be subject to legislation that applies to specific types of accident – for motor vehicle accidents, for workplace accidents or for public liability/ civil liability claims. There are particular (and tricky) preliminary claim requirements for workers compensation matters, particularly for injuries sustained over a period of time or purely psychological/ psychiatric injuries.
Due to these particularly technical hurdles to making a claim, it is recommended that you schedule a consultation with a personal injuries lawyer as soon as possible after your injury. They can explain the specific time limits and guide you through the claims process efficiently.
In Queensland, pain and suffering, also called general damages, are determined using a system called the Injury Scale Value (ISV). This system assigns a number to your impairment based on its severity, impact on your life, and medical evidence. Legal professionals use this value along with guidelines to estimate appropriate compensation for your pain and suffering.
Most compensation claims in Queensland are settled outside of court through negotiation. This is usually faster and less stressful than a trial. However, if a fair agreement can’t be reached, your case may proceed to court.
Absolutely! If you’ve been hurt due to someone else’s negligence, you may be entitled to compensation in Australia. This applies to impairments from car incidents, workplace incidents, medical mistakes, public liability situations (like slip and falls), and more. The process involves proving the other party’s fault and how their actions directly caused your impairment.
Aggravated damages are a special type of compensation awarded in some cases. They apply when the other party’s behaviour was particularly cruel or humiliating, causing additional emotional distress beyond the physical impairment itself. This is not common, but it acknowledges the extra suffering you endured due to their actions.
Being involved in a motor vehicle is traumatic – especially if you are injured! It is an unexpected and confronting scenario that many people thankfully never experience. But if you are involved in an accident, it is important to understand that there is a legal framework that applies to determine who is responsible for the motor vehicle accident and the consequences of that.
While you may have your own view of who is to blame for your motor vehicle accident, there are only two legitimate arbiters of fault – the police and the courts. If you believe that you were not at fault (or that the other driver was predominantly at fault), it is important that you ensure that the police are notified at the earliest opportunity – preferably at the scene of the motor vehicle accident – so that your version of relevant events and opinions can be officially recorded. If a personal injury or property damage claim results from a motor vehicle accident, the responding insurer will generally rely heavily on the recorded findings of the police with respect to the accident.
If the other driver ran a red light, they’re likely at fault. However, proof of this will often come down to CCTV, witness evidence and traffic signal data. So, it is best to ensure the matter is reported to police, as they are best placed to secure all of this evidence.
It is normal for people to feel some level of guilt in relation to a motor vehicle accident. People naturally feel “perhaps the accident would not have occurred if I had done this or that….”
However, section 43 of the Motor Accident Insurance Act 1994 (Qld) provides that an insured person (which is you, if you are driving a registered motor vehicle), must not make an admission of liability on a claim without their (compulsory third party -CTP) insurer’s written agreement. The exception to this requirement is that you can provide a police officer with information reasonably required in order for them to prepare their motor vehicle accident report.
So, despite any nagging feelings of regret or cuplability, you should avoid saying anything to anyone which could be interpreted as you accepting any responsibility or liability for the motor vehicle accident.
If you’re not at fault, you have options for bringing claims for compensation if you have suffered injury and/ or property damage to your motor vehicle and personal effects in the vehicle.
For property damage, you can file a claim with your comprehensive insurer (if you have one) or the at-fault driver’s comprehensive insurer (if they have one). If you have comprehensive insurance, often your insurance company will handle the claim and seek reimbursement from the other driver’s comprehensive insurer or the other owner/ driver personally, simplifying the process for you.
For personal injury, your claim will be against the CTP (not comprehensive) insurer of the at-fault motor vehicle.
The CTP insurer is ascertainable from a point-in-time registration search. Most motor accident compensation lawyers have access to the relevant registration database to find this out.
The process of making a motor vehicle accident compensation claim is dealt with in another of our blogs.
Regardless of your own opinion, the opinions that matter are those of the police and the courts (in the event that a claim proceeds that far). Even if you have concerns that you might have been more than a little to blame for the motor vehicle accident, you should speak with a motor accident claim lawyer who can obtain access to the police accident report (or trigger one to be prepared) and review independently who is likely to be determined to be at fault and whether you have a viable claim for compensation.
Collect the following details:
Vehicle Details: Make, model, colour, and registration details of the vehicles involved.
Personal Details: Full names and addresses of the owners and drivers of each vehicle.
Witness Information: Contact information for any witnesses.
Documentation: Photos of the accident scene and vehicle damage, including any skidmarks or other relevant road or area features, such as nearby road works or obstructions to view or vehicle path.
Traffic Accident Report: Obtain a copy if the police investigated the accident. To get this, fill out an application and pay a fee by contacting CITEC Confirm at 1800 773 773 (toll-free) or visiting their Queensland Police reports page. With a signed authority, a motor accident compensation lawyer can obtain this report quickly.
Identify the responsible party. Guidance for this can initially be obtained from the police report – the police will list the at-fault driver/ motor vehicle as “Unit 1”; will include the available witness statements about what they saw and the cause of the accident and indicate whether and what traffic offences should be issued and to whom. An experienced motor accident compensation lawyer will also be able to assist in identifying the at-fault driver or indicate what the likely liability apportionment between drivers might be (if a claim was to proceed).
If the other driver caused the accident, here are your options:
Claim on Your Insurance: If you have comprehensive insurance, make a claim to cover the property damage. Your insurer will handle negotiations with the other owner/ driver or their comprehensive insurer.
Claim Against the Other Driver: If you have suffered personal injuries in the motor vehicle accident, you can make a claim for damages against the at-fault driver, which will be responded to by their Compulsory Third Party (CTP) insurer.
If you do not have comprehensive insurance and suffered property damage to your motor vehicle and personal effects in the motor vehicle accident, you can make a claim against the other at-fault driver. If the at-fault driver has comprehensive insurance, then their insurer will respond to your claim. If the at-fault driver does not have comprehensive insurance, they will have to meet your property damage costs personally.
A motor accident compensation and property damage lawyer can assist you with a personal injury and property damage claim, regardless of whether the claim is against an insurer or the at-fault driver/ owner personally.
If you do not have comprehensive insurance (and have no insurer acting on your behalf), you should send a letter to the other at-fault driver indicating your intention to claim damages for property damage. This is important, especially if obtaining repair quotes for your property damage will take time. The other driver at-fault driver should forward this letter to their insurer if they have one or otherwise respond themselves.
Get a repair or replacement quote for your vehicle and any other damaged or destroyed personal effects you are claiming for. One quote is typically sufficient unless disputed. Your total claim should cover:
Repair costs to restore your vehicle to its pre-accident condition.
Any towing fees incurred.
If your vehicle is written off, claim the vehicle’s wholesale value plus towing fees.
Send a letter of demand to the at-fault driver or their comprehensive insurer (if they have one), including copies of quotes and receipts. Keep copies of all correspondence. A motor vehicle property damage lawyer can assist in drafting and sending these documents to ensure they are legally sound and that recoverable items are not missed.
We have already warned above about the issue of making unauthorised admission of fault/ liability in relation to your motor vehicle accident. Accordingly, if you are intending to make both a personal injury and property damage claim, it is prudent for you to have a motor accident compensation and property damage lawyer assist you with property damage negotiations to ensure that any discussions and settlement are appropriately conducted and documented.
Even if you only intend to make a property damage claim and not a personal injury claim, you still need to take care not to make any admissions – the other driver may intend to make a personal injuries claim against you, and your CTP insurer will not be happy if you have made any unwise concessions of fault simply because you do not think it will affect you personally.
If your property damage negotiations stall, it might be quicker and easier to involve a property damage lawyer to represent your interests and negotiate more effectively on your behalf – and if all else fails, they can guide you through the process of litigating to recover your property damage.
Document everything meticulously. Whether you are intent on self-representing or ultimately engage a property damage lawyer, the documentation you rely on and any exchange of information, representations and negotiations need to documented and available for any litigated hearing. Consulting with a property damage lawyer is worthwhile to determine whether your claims are legally and commercially viable and the best legal way forward to resolve your claim.
Prepare a detailed written statement of the accident and gather witness statements. Include:
Witness’s name, age, address, and occupation.
A detailed account of the accident.
Date, time, and location.
Road and weather conditions.
Vehicle speed and any observed skid marks.
Damage to the vehicles.
After a car accident, understanding your legal options regarding property damage is crucial. Whether your claim falls under the Queensland Civil and Administrative Tribunal (QCAT) or the Magistrates Court, taking the correct steps can significantly impact the legal and commercial viability of your case.
For claims up to $25,000, QCAT offers a low-cost way to settle smaller property damage claims without lawyers (though they’re allowed in some cases). But doing it alone can be risky. The absence of a lawyer could lead to:
Weak Case Presentation: Legal jargon is a minefield. You might miss crucial details that impact your claim.
Missed Deadlines & Errors: Legal procedures are unforgiving. Mistakes can lead to dismissals or unfavourable rulings.
Negotiation Nightmare: Lawyers have the expertise to negotiate effectively, potentially leading to better settlements.
For property damage claims up to $150,000, the Magistrates Court provides a more formal process, allowing for legal representation. Here’s a brief overview of the steps involved:
Prepare Claim Documents: Fill out the required court forms detailing the accident and your property damage losses.
Lodge Your Claim: Submit the originals and copies with a fee to the QCAT registry.
Notify the Other Party: Serve them with a copy of your claim forms.
Attend Mediation: Bring all your evidence to support your case.
While this process is structured, the complexities involved make it highly beneficial to have a lawyer on your side. Legal representation ensures that:
Your Case is Thoroughly Prepared and Presented: Lawyers ensure all necessary details and evidence are included.
Procedural Compliance is Maintained: Avoid costly mistakes that could jeopardise your case.
Professional Negotiation: Lawyers can often secure more favourable settlements due to their expertise.
No. When you hire a lawyer after a not-at-fault accident, they’ll handle most of the legwork, including negotiating with insurance, gathering evidence (though you can help collect details), and completing paperwork. Your lawyer will guide you through what information they need from you, but they’ll take care of the complexities of the case.
Generally, if you are not at fault, you should not have to pay an excess. Your insurer may recover this cost from the at-fault driver’s insurer.
If the at-fault driver is uninsured, you may need to rely on your own insurance policy or take legal action to recover costs.
Yes. You will have CTP insurance on your motor vehicle if it is properly registered. CTP insurance, however, only covers for personal injury of people injured by your motor vehicle or in your motor vehicle if the driver (of your vehicle) is at fault.
You can also take out varying levels of comprehensive insurance from basic fire and theft cover to full comprehensive cover where you can claim for property damage caused to or by your motor vehicle even if you/ the driver is at fault.
You are going to have to repair or write off your damaged motor vehicle either way. However, how you approach repair of your motor vehicle, hire of a replacement vehicle, and repair or replacement of personal property and effects from the accident will likely depend on whether the at-fault driver has insurance, the financial resources to pay your property damages, and whether they are prepared to pay you without litigation.
In any event, you should document everything – take detailed photos of all the accident damage from as many angles as possible, keep all repair quotes, invoices and receipts, and locate original purchase receipts (or recent insurance valuations) for personal effects needing repair or replacement.
