In our line of work at Roche Legal, we encounter numerous cases that highlight the importance of seeking justice for victims of accidents and incidents involving motor vehicles.
One such case is the harrowing incident where in the middle of an argument at home in the driveway, our client’s boyfriend used her own car to intentionally reverse over her, drive forward, and then reverse over her again. Miraculously, she survived but with serious permanent injuries and psychological damage. This disturbing incident resulted in charges of attempted murder being brought against the perpetrator, sending shockwaves through the local community.
Whilst assisting police, the courageous victim enquired with Roche Legal to find out whether she had any right to financial compensation for the severe injuries she endured. Prior to the discussion, she doubted that there would be any viable options available considering:
- compensation was not available to her through the criminal prosecution;
- victims of crime compensation was inadequate;
- the incident was intentional, not an ordinary traffic accident;
- the ex-boyfriend lacked the means to pay damages personally; and
- the vehicle’s registration had lapsed, causing her to believe that the related CTP insurance policy would be expired.
Luckily for our client, in Queensland there are legal avenues available for victims of motor vehicle-related incidents to be properly compensated for injuries, even when incidents are intentional or if the vehicle in question had lapsed registration or was uninsured.
Does CTP insurance apply when the circumstances of an incident involving a motor vehicle are intentional?
Yes.
Section 5 of the Motor Accident Insurance Act 1994 (Qld) (“the Act”) defines the circumstances under which a person is covered for injuries sustained in a motor vehicle-related incident. It states that insurance coverage extends to injuries through or in connection with a motor vehicle if the injury is:
a result of:
(i) the driving of the motor vehicle; or
(ii) a collision, or action taken to avoid a collision, with the motor vehicle; or
(iii) the motor vehicle running out of control; or
(iv) a defect in the motor vehicle causing loss of control of the vehicle while it is being driven;
and:
is caused, wholly or partly, by a wrongful act or omission in respect of the motor vehicle by a person other than the injured person.
In our client’s case, the intentional actions of the perpetrator in control of the motor vehicle were a wrongful act, making the victim eligible for compensation.
Incidentally, because the actions of the perpetrator were intentional, Section 58 allows the CTP insurer to recover their costs incurred relating to the claim as a debt from him personally.
Does CTP insurance apply when a vehicle’s registration has expired?
Yes. But not forever.
Section 23 of the Act sets out that even when a vehicle’s registration has lapsed, the Compulsory Third Party (CTP) insurance policy remains in force for a grace period of 30 days after the expiry of registration.
Our client’s vehicle therefore still held a policy of insurance for personal injury and she was entitled to make a CTP claim.
If the vehicle’s registration had expired for longer than 30 days, the associated insurance policy would lapse, and the vehicle would become uninsured by the nominated CTP insurer (e.g. Allianz, Suncorp, QBE, RACQ). However, even in such a scenario, Section 31 of the Act stipulates that Queensland’s Nominal Defendant would become the ‘stand-in’ insurer, allowing victims to still bring claims for compensation against uninsured vehicles (provided urgent action is taken by the victim).
The Importance of Legal Representation
At Roche Legal, our mission is to support victims of unfortunate incidents and help them navigate the complex legal landscape. In this case, our legal team took swift action to ensure the courageous survivor’s rights were protected enabling a successful CTP claim.
Never assume that you aren’t entitled to compensation for one reason or another. A free call to a personal injury lawyer could make a world of difference.
Roche Legal remain committed to supporting victims and advocating for their rights in the legal system. If you or someone you know has been a victim of a motor vehicle-related incident, including intentional act, or where an unregistered/uninsured vehicle was involved, contact us to explore your legal avenues for justice and compensation today.