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.