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    Do I have a valid claim if I was a passenger in a car accident?

    September 11, 2024

    Do I have a valid claim if I was a passenger in a car accident?

    Personal injury claim, CTP, Compulsory Third Party, compensation, compo, damages, reimbursement, and claim are all expressions you may have heard which can mean the same thing. Assessing if you have a valid claim as an injured passenger in Queensland will depend on where and how you were injured.

    There are laws set out in legislation as well as case law from the Courts which establish who can claim compensation, how to go about making a claim and how claims will be assessed (put into a dollar value sum).

    If you were a passenger and have sustained an injury caused in relation to a car accident in Queensland and you are within the legal time frames, you may be entitled to make a claim for compensation and have a valid claim.

    In assessing if you have a valid claim, lawyers will examine:

    1. Location – to have a valid injury claim in Queensland the accident has to have occurred in Queensland.
    2. Time limits – lawyers will establish when the accident occurred and if you are within those important time frames to make a claim. In some cases, if you are outside those important time frames, there may be special circumstances in which the deadline can be extended.
    3. Fault – the identity of the person who caused the accident, that is the negligent party. The party at fault may have been careless, failed to stop, drove without due care and attention, the at fault party may even be unidentified, in the case of a hit and run.
    4. Injury – a claim is to compensate you for any injuries you have suffered and any losses incurred as a result of the injuries sustained. Your lawyer will gather evidence about the injury, the likelihood of recovery or ongoing issues as well as the impact of the injury on your ability to work and care for yourself.

    A lawyer can examine the matters listed above and make an assessment as to whether they believe you have a valid claim for being injured as a passenger in a car accident.

    Learn more about car accident claims in Queensland

    https://maic.qld.gov.au/for-injured-people/who-can-make-a-claim/

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