How much is the average car accident injury claim payout in Queensland?
What is the average car accident payout? How much do you receive for an injury in a motor vehicle accident?
Every car accident is different. The circumstances are different, the injuries are different and the damage is different. As a result of this, every payout for an injury is different.
However, the Queensland Government releases statistics every year detailing the average payouts for different types of injuries. For injuries that occurred between 1 July 2009 and 30 June 2019 which were finalised between 1 July 2019 and 30 June 2019, the averages are as follows:
- Minor injuries: average payout was $62,400
- Moderate injuries: average payout was $157,200
- Serious injuries: average payout was $368,000
- Severe injuries: average payout was $1,053,500
- Critical injuries: average payout was $2,115,100
- Maximum (catastrophic) injuries: average payout was $648,300
- Unconfirmed injuries, unspecified injuries (nervous shock and business claims): average payout was $15,200
Is there a standard payout for motor vehicle accidents?
No, every accident is different and the resulting injuries are always different. The payouts are calculated through a wide variety of factors including (but not limited to) your individual circumstances, the effect of your injuries and your needs leading into the future.
How is a motor vehicle accident injury payout calculated?
Motor vehicle accident injury payouts are calculated according to the following primary factors:
- pain & suffering (non-economic loss);
- lost wages (past economic loss);
- future financial need (compensation for your future care, health and domestic assistance needs resulting from the accident);
- past gratuitous services (compensation for the assistance and care given by a person from the injury date to the date that the claim is decided);
- medical expenses for the injury
What is pain & suffering compensation for motor vehicle accident claims?
The law essentially requires that you be compensated for the damage or effect of the injuries on your life. This factor will usually consider the significance of the injuries, effect of the injuries on your lifestyle and the permanency of the injuries.
The assessment of the effect of those injuries will typically be made once your injuries have reached “maximum medical improvement”. This basically means the point where your injuries are considered to have stabilised enough that it is unlikely to see any further improvement.
Who pays for claims for injuries coming out of motor vehicle accidents?
In Queensland, owners of all motor vehicles are required to take out compulsory third party insurance against liability for death or personal injury of others arising out of motor vehicle accidents. A motor vehicle owner will likely pay this insurance at the time of renewing their vehicle registration.
Typically, a payout will therefore be made by the compulsory third party insurer of the vehicle involved in the accident. However, before insurance is paid, a number of things must be satisfied including that the person claiming the insurance must prove that someone else is at fault or negligent.
Time limits for motor vehicle accident injury claims
Claims for damages for personal injuries arising from motor vehicle accidents must be made within 3 years of the motor vehicle accident occurring. If the claim is not made within time, you may lose all rights. It is important to seek legal advice well beforehand.
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