Motor Vehicle Violence
If you have been injured in a car, motorcycle or bicycle accident, or as a pedestrian, you may be entitled to compensation under two separate Queensland laws: the Motor Accident Insurance Act 1994 and the Victims of Crime Assistance Act 2009.
It is important to understand that Victim Assist Queensland operates as a scheme of last resort. This means that, before applying for financial assistance through Victim Assist Queensland, you must first make and pursue any compensation claim available to you under the Motor Accident Insurance Act 1994.
Victims of Crime Australia can assist you with both claims and help ensure that your entitlements are properly pursued.
Motor Accident Insurance Act 1994
Your motor accident claim must be made first. A motor accident compensation claim may cover:
- Pain and suffering and loss of amenities of life
- Loss of wages or business profits (past and future income and superannuation)
- Medical and rehabilitation expenses incurred and likely to be incurred
- Care costs (past and future)
- Out of pocket expenses
- Funding for rehabilitation, medical treatment and aids whilst your claim finalises
Victims of Crime Assistance Act 2009 — Victim Assist Queensland Financial Assistance
Financial assistance through Victim Assist Queensland can only be considered after you have started a motor vehicle accident compensation claim. Because Victim Assist Queensland is a scheme of last resort, it can only provide assistance for expenses and losses that are not covered by your motor accident claim or another source of compensation. The assistance available is generally limited to:
- Damage to clothing — the cost of replacing clothing worn at the time of the incident that was damaged, lost or kept by police as evidence (primary victims only).
- Out-of-pocket expenses — may cover reasonable costs not covered by your motor accident claim or another government scheme, insurer or source of compensation.