A mother and father were teaching their 17-year-old son to drive, together with their 2 younger children at the back seat. The 17-year-old (Mason), not being an experienced driver, veered to the wrong side of the road, leading to a head-on collision with an approaching car. Mason suffered catastrophic injuries and he became a paraplegic.
After the accident, the family tried to deny that Mason was driving the car. Instead, they said it was the father, and Mason was only a passenger. They did this because if Mason had been a passenger, and if the accident had been the father’s fault, Mason would have been covered by the father’s CTP insurance.
The case was recently heard by the Supreme Court of Queensland. The Court found it was Mason who drove the car. It’s interesting to note that all family members said the father was the driver. However, forensic evidence, such as Mason’s blood and DNA found on the driver’s side airbag proved that it was not the father, but the 17-year-old who was driving at the time of the accident.
The outcome is that the family was unable to get insurance money to cover the significant medical and other costs associated with Mason’s injuries.
It’s worth keeping in mind that CTP insurance covers you only if your injuries were caused by someone else. If you are the “at fault” driver, you will not be covered by CTP insurance. However, other insurance may still be available. You should consider taking out life and TPD insurance or income protection insurance. You should also check what coverage is available through your super fund. If the injuries are very serious, the National Injury Insurance Scheme might also cover your medical expenses.
Denes Lawyers is local law firm specialising in insurance and accident matters, and we service Greater Springfield and Ipswich. Please call Oszkar Denes if you need any legal assistance.