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Recent media attention on a 32 year old man who suffered an acquired brain injury, as well as significant injuries in a motor vehicle accident has been refused compensation because of Queensland’s fault-based motor accident insurance scheme.

The scheme only awards compensation on those matters where negligence can be established against another person.

What does this mean for a young woman who may have accidentally fallen asleep at the wheel and as a result suffered life-threatening injuries and now requires regular surgery, expert medical services and professional care for long periods during the day?

Australia’s Produc­tiv­ity Com­mis­sion has condemned fault-based in­sur­ance schemes as a lot­tery that breeds in ­equal­ity, de­lays, un­cer­tainty, poor out ­comes and has ex­treme im­pacts on young people.

The Com­mission rec­ommended Queen’s­land, South Australia and Western Australia reform their dys­functional schemes and join a fairer National In­jury Insurance Scheme which provides life ­time care for vic­tims regard­less of the cir­cumstances of their accident.

I discuss the issue with Jeff Garrett from Attwood Marshall Lawyers.