Articles

About the Queensland National Injury Insurance Scheme (NIIS)

When you are making the CTP claim by filling out the Notice of Accident Claim Form, there will be a question asking whether you are a participant of the National Injury Insurance Scheme Queensland. So, what is the National Injury Insurance Scheme Queensland (NIISQ)?

About the “Nominal Defendant”
About the “Nominal Defendant”

We have mentioned in the previous article that you will need to complete the Notice of Accident Claim Form (NOAC Form) and submit it to the ‘at fault’ vehicle’s insurer if you intend to make the CTP claim in a motor vehicle accident. However, what if the “at fault” vehicle is unidentified, for example, in a hit and run situation, or uninsured/unregistered when the motor vehicle does not have CTP insurance? In these situations, can you still make a claim? And to whom should you lodge the NOAC forms?

What are the steps for a Motor Vehicle Accident CTP Claim?

According to Motor Accident Insurance Act 1994, individuals who can prove their injuries were caused by another person’s negligence may be eligible to claim compensation. Please note you have up to three years from when the accident occurred to make the claim which means any claim made after 3 years of the subject accident will be statutory barred. There are specific steps that must be taken before you can make a claim. This article will briefly talk about steps and hopefully it can give you a general understanding about how the process of making a CTP claim works.

What can be claimed from a CTP insurer?
What can be claimed from a CTP insurer?

Generally speaking, there are a few heads of damages you can claim pursuant to Civil Liability Act 2003 and Civil Liability Regulation 2014:-

  • General damages;
  • Past special damages plus interest;
  • Future special damages;
  • Gratuitous services;
  • Past Economic loss plus interest and loss of superannuation; and
  • Future Economic loss plus loss of superannuation.

This article will briefly talk about what does each head of damages mean and the methodology the court uses to calculate the compensation amount.

About the ‘uplift fee’ and the ‘50/50 rule’

If you have a ‘no win-no fee’ costs agreement, you should be mindful that your lawyers may charge an uplift fee on top of any fees that are otherwise payable should your case wins. This is because the law firm covers the costs of the running your case and takes the risk that the case might be unsuccessful in which situation they may not be paid for their services...

What you should know about ‘no win – no fee’ costs agreement?
What you should know about ‘no win - no fee’ costs agreement?

The ‘no win – no fee’ agreement is a conditional costs agreement. According to s 323 of Legal Profession Act 2007 (the Act), a conditional costs agreement means the payment of some, or all of the legal costs is conditional on the successful outcome of your matter. Lawyers and their clients can enter into this type of arrangement in any case except criminal matters or family law matters. The most common cases are personal injury claims and some types of deceased estate matters...

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