People contact us knowing they will receive

Legal Help.

5 Things You Need to Know about Bringing a Claim for Personal Injuries as a Result of a Motor Vehicle Accident

  1. Report the accident to the Queensland Police.

It is a requirement under the Motor Accident Insurance Act (“the Act”) that a person who wishes to bring a claim for personal injuries compensation as a result of a motor vehicle accident, reports the accident to the Queensland Police. This can be done by simply informing the Police at the scene of the accident or by visiting your local Police station in circumstances where the Police have not attended the accident scene. Alternatively, a pro forma document called ‘Report of Accident to Police’ can be submitted to your local Police Station. This form can be found on the Motor Accident Insurance Commission’s website.

  1. Take details of the other party.

It is imperative that when involved in a motor vehicle accident the following details are obtained:

  • Registration of all vehicles involved, especially the vehicle at fault;
  • Make, model and colour of the vehicle at fault;
  • The driver at faults name and contact number. It is always a good idea to see a copy of their Drivers’ Licence to verify their identity; and
  • It is also helpful to take photographs of the vehicles and accident scene.

All these details are important to ensure a personal injuries claim can be lodged against the correct Insurer for the vehicle at fault for the accident.

  1. If possible, obtain Witness details.

Sometimes liability in relation to motor vehicle accidents is disputed between the parties involved. It is therefore imperative that you obtain the details of any witnesses to the accident so that they can be contacted to provide a statement in support of your claim.

  1. Seek Medical Assistance.

If you have sustained personal injuries in a car accident, it is imperative that you seek Medical assistance as soon as possible. If the injuries are severe, naturally you should contact an ambulance whilst at the scene or if the injuries are not severe, attend a local Medical Practitioner. This will ensure that you obtain appropriate treatment and the injuries sustained are documented by a medical provider. It is also a duty of any injured person to mitigate their loss by seeking medical treatment and undertaking any necessary rehabilitation. Without an attendance at a hospital or medical practice, it may be difficult to prove the injuries are related to the accident. In addition, it is a requirement under the Act that when delivering a Notice of Claim upon an Insurer, a Medical Certificate detailing the injuries and the treatment required be provided. The Medical Certificate should be completed by either the Hospital or local Medical Practitioner that sees you for treatment of your accident related injuries.

  1. There are time limits to serve a Notice of Accident Claim form.

It is a requirement under the Act that you deliver a Notice of Accident Claim Form on the Compulsory Third Party Insurer of the vehicle at fault for the accident within the earlier of the following:

  1. Nine (9) months from the date of the accident; or
  2. One (1) month from consulting a Lawyer about bringing a claim.

This prompt action in delivering the Notice of Accident Claim Form will ensure that your rights are protected and that investigations by the CTP Insurer into the extent of the personal injuries and the circumstances of the accident occur promptly. This can save a significant amount of grief later on in the claim.

Contact our office for further advice on 1300 285 888 or email us at  injury@mcna.com.au

Share on facebook
Share on twitter
Share on linkedin
Share on email


To provide sound

advice in an


Initiative to achieve

solutions that meet our

clients’ needs


To always provide
comprehensive help

from local lawyers
Family Law Border

Get In Touch

Contact us to discuss your situation and best course of action. We understand your 
time is valuable and offer consultations via
 Zoom, Skype, Microsoft Teams or phone
call. Let McNamara Law help you find your 
legal solution today!

Ipswich (07) 3816 9555

Springfield (07) 3470 3600

Gatton (07) 5462 1566

Want to join our team?

We pride ourselves on employing high-quality experienced team members
who are both friendly, supportive and approachable. We love it if you’re
local too! Please email your resume and cover letter to:

Peter Wilkinson | Managing Partner | peterw@mcna.com.au

Latest News

Copyright 2020 McNamara Law. Site by Digimedia Worx | Liability limited by a scheme approved under professional standards legislation (personal injury work exempted)