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    What steps should I take as a passenger in a car accident in Queensland?

    July 1, 2024

    What steps should I take as a passenger in a car accident in Queensland?

    Being a passenger in a motor vehicle accident can be frightening, traumatic, and can have lifelong consequences. A lawyer will work with you through this uncertain time.

    Regardless of the circumstances and severity of the car accident, there are some basic general steps that should be taken:

    1. Record The Details – make a note of the date, time, and place of the accident. Record any details of other people involved in the accident, their registration number, name, address, and phone number will all be required. If there are witnesses, also take note of their contact details. If you can take photos of the accident scene, and any damage, that will also be helpful.

    2. Report the accident to the Queensland Police Service. Where an injury is suffered, it is a requirement that the accident be reported to Queensland Police who will make a report and issue you with a Traffic Incident Number (TIN). You must report the traffic crash either.

    • online
    • phoning Policelink 131 444, or
    • at your local police station.

    3. Your lawyer will ask you for the TIN and details of where and when you reported the accident. If you have contacted a lawyer before reporting the accident to the police, the lawyer will likely assist you in making the report.

    4. Seek medical review. If you have sustained an injury it is important that you seek medical attention and get the appropriate advice and treatment. It is important that you report all symptoms to the Doctor so that they can properly treat you.

    5. Lodge a Notice of Accident Claim Form with the insurer earlier than 1 month from consulting a lawyer or 9 months from the date of the accident. A lawyer can help you prepare and lodge this claim form with the right insurer and within the necessary time frames.

    There are special rules where an unregistered vehicle or an unidentified vehicle is involved. In this case, there is no CTP Insurer and much stricter and shorter time limits apply. There is a limit of 3 months to lodge the Notice of Accident Claim Form with the Nominal Defendant. The Nominal Defendant is a Government body that acts as the insurer in these matters. If you do not lodge the claim form in the 3-month period, it is possible to lodge it within 9 months along with a reasonable excuse for delay. After the 9-month period, if the Notice of Accident Claim Form is not lodged with the Nominal Defendant, the right to claim is lost, in legal terms this is called statute barred.

    Lawyers who specialise in personal injury law are familiar with these laws and can take care of the necessary steps, claim forms, time frames, and gathering evidence, which allows you to then focus on your recovery and rehabilitation.

    We recommend speaking with a lawyer to fully understand your rights and obligations specific to your circumstances, as a passenger in a motor vehicle accident in Queensland.

    Learn more about legislation for car accidents in Queensland


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    Kathryn is Trilby Misso’s Chief Executive Officer.

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