Navigating Road Accident Claims in NSW and Queensland
Personal injury law encompasses a broad range of injuries that might occur, such as motor vehicle accidents. Accidents out on the road are, unfortunately, common, impacting countless Australians every year. Whether it’s a minor collision or a catastrophic event, the results can have detrimental impacts on everyone involved.
Senior Solicitor Henry Garett of the Compensation team at Attwood Marshall Lawyers joins host David Turner on Hearsay the Legal Podcast to compare the procedures for road accident claims in New South Wales and Queensland.
Check out CPD episode 120: Navigating Road Accident Claims: Comparing NSW and Queensland Procedures on Hearsay the Legal Podcast now.
Personal injury claims
Queensland
Enshrined in the Legal Profession Act 2007 (Qld), the 50/50 rule is designed to protect claimants from excessive legal fees in speculative personal injury cases. This rule safeguards the claimant’s financial interest by ensuring that a law practice cannot charge more than half of the compensation the claimant is entitled to.
New South Wales
The Personal Injury Commission (PIC) plays a crucial role in resolving disputes over the level of impairment in New South Wales. While the independent assessment process provided by PIC is designed to be fair, outcomes can vary, adding an element of unpredictability to personal injury claims.
Motor Vehicle Claims
Queensland
Motor vehicle claims in Queensland are navigated with a particular focus on pre-court procedures. Governed by the Personal Injuries Proceedings Act 2002 (Qld), the process emphasises strongly on alternative dispute resolution methods with the aim to resolve claims efficiently and informally, reducing legal fees and court times for injured parties.
New South Wales
New South Wales has taken a different approach by introducing a statutory benefits phase with the Motor Accident Injuries Act 2017 (NSW). Under this, weekly benefits are available to all injured parties for up to six months, regardless of fault, before pursuing a common claim. Additional damages claims are limited to those with injuries exceeding a 10% permanent impairment threshold.
The Nominal Defendant (in both States)
If the party at fault in an accident is not registered or identified, claimants can seek compensation through a government-owned insurance company known as the Nominal Defendant.
The Nominal Defendant is a government-backed entity that acts as a safety net for those involved in accidents with unregistered or unidentified vehicles. However, claimants must demonstrate that they’ve made a reasonable effort to identify the responsible party – failing to do so could jeopardise their claim.
WorkCover Claims
Queensland
WorkCover claims present another complex area within personal injury law. There has been a noticeable pattern across WorkCover claims, whereby independent doctors appointed by WorkCover reject injury claims to force claimants into lengthy appeals processes. This exploitation of the power imbalance between injured workers and WorkCover authorities underscores a clear need for law reform to ensure fair access to compensation and reduce unnecessary delays.
New South Wales
Contrarily in New South Wales, insurance companies are settling claims before reaching the Personal Injury Commission’s impairment determination. This intends to expedite the process, although it may not always result in optimal compensation for claimants. Practitioners should remain vigilant and proactive, negotiating settlements early to benefit their clients.
If you enjoyed reading this blog post, you’ll like CPD episode 120: Navigating Road Accident Claims: Comparing NSW and Queensland Procedures featuring Attwood Marshall’s Henry Garrett.