What happens if the at-fault vehicle has fled from the accident and you can't identify it? Can you still make a CTP Claim? The answer is yes. In a CTP claim involving an unidentified vehicle, you need to prove that you have failed to identify the vehicle even though you have carried out a proper inquiry and search in an attempt to identify the vehicle.
Can I Make a CTP Claim for My Injuries in a Hit-and-Run Accident?
In Queensland, you may make a CTP insurance claim if you have sustained injuries in a motor vehicle accident that was the fault of another vehicle owner or driver. Your claim is made against the CTP insurer of the vehicle that caused the crash.
However, what happens if the at-fault vehicle has fled from the accident scene after causing the collision and you have not been able to identify the at-fault vehicle? Can you still make a CTP Claim? The answer is yes. You may make a claim against the Nominal Defendant if you can prove that:
1) The accident did occur; and
2) The accident was caused by the vehicle which fled the accident scene.
What Is the Nominal Defendant?
The Nominal Defendant is a statutory body established under the Motor Accident Insurance Act 1994 (MAIA) for the purpose of compensating people who are injured as a result of the negligent driving of unidentified and/or uninsured (no Compulsory Third Party insurance) motor vehicles. The Nominal Defendant Fund was first introduced in 1961.
The Nominal Defendant operation is funded by a levy within the CTP insurance premium. The levy is set on the basis of an actuarial assessment of claim trends. The Nominal Defendant is to be taken as a licensed insurer. Under the MAIA, the Nominal Defendant has the extended role of meeting the claim costs of any licensed insurer who may become insolvent.
How Soon Do I Have to Make a CTP Claim Against the Nominal Defendant?
To start a CTP claim in Queensland, you must lodge a notice of claim to the CTP insurer of the at-fault vehicle or the Nominal Defendant. There are strict timeframes for lodgement of your notice of claim under the legislation and your claim could be rejected if you lodge outside the timeframes.
The notice of claim must be lodged within 3 months from the date of the accident if it is to be given to the Nominal Defendant because the motor vehicle cannot be identified. If the at-fault vehicle cannot be identified and your claim against the Nominal Defendant is not lodged within 9 months, then your claim will be statute barred and you will lose your right to make a claim.
In addition, in a CTP claim involving an unidentified vehicle, you are required to prove that you have failed to identify the vehicle despite the fact that you have carried out a proper inquiry and search in an attempt to identify the vehicle.
What Type of Compensation Can I Claim via CTP Insurance?
Every claimant’s case is unique and the damages claimable are different depending on your individual situation and supporting medical opinion. CTP claimants will generally seek damages including general damages, medical treatment costs, loss of income, and costs of gratuitous care provided by family and friends.
- General damages refer to compensation for loss of quality of life such as pain and suffering. In QLD, general damages are calculated by working out an Injury Scale Value (ISV) and the ISVs are set out in the Civil Liability Regulation 2014. Under the ISV system, injuries are assigned a point value between 0 and 100, where 0 relates to an injury not severe enough to justify any award of general damages and 100 is the most severe injury possible.
- For medical treatment costs, you can claim all medical expenses that are and will be reasonably incurred to treat your injuries from a motor vehicle accident. You can also claim reasonable travel expenses related to your medical attendance.
- Loss of income can be recovered if you can establish that your earning capacity has been diminished because of the injuries and the diminution of earning capacity is or may be productive of financial loss. In general, you are compensated for the difference between what you would have earned and what you are now capable of earning.
- You can claim the costs of gratuitous care provided by family and friends where:
- You have received, or will receive the care for at least 6 hours per week for a period of at least 6 months;
- The care was necessary and the need for such care has arisen solely because of the injuries from the motor vehicle accident; and
- The care would not have been provided to you but for the injuries.
Written by Ben Hur
If you have any enquiries, contact Ben at [email protected].
[ Park & Co Lawyers – Disclaimer ]
Please note that the above is to be taken as a general guide only, and does not constitute legal advice in any respect. It does not reflect any changes in the relevant law or authorities since the date of publication.
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