If you have been injured in a motor vehicle accident, you may be entitled to compensation under Queensland’s Compulsory Third Party (CTP) insurance scheme. This plain English guide explains how to make a CTP claim, who can claim, what types of compensation are available, and the key steps and time limits involved. Whether you are injured while driving, as a passenger, or as a cyclist or pedestrian, this article will help you understand your rights and the claims process in Queensland.
What is the CTP scheme in Queensland?
The Motor Accident Insurance Act 1994 (Qld) (‘the Act’) is the governing legislation for CTP claims in Queensland and allows for all road users who have been injured in a motor vehicle accident due to the negligence of another party to make a claim for compensation. This includes drivers, cyclists, motorcyclists (and pillion passengers), pedestrians, and passengers – including those riding in a taxi or ride-share (e.g. Uber).
Under the Act, a motor vehicle is defined as a vehicle for which registration is required under the Transport Operations (Road Use Management) Act 1995 (Qld). This includes trailers, but does not apply to bicycles* or electric scooters* because these vehicles are not registered.
* Bikes and electric scooters are not defined as a motor vehicle under the Act, however, if riders are injured due to the negligence of a motor vehicle driver, they are still entitled to claim compensation.
Eligibility for CTP compensation after a road accident
To be eligible for CTP compensation for any injuries suffered in a motor vehicle accident, it must be shown that the accident was caused by the fault of another driver or party.
To prove negligence, it must be shown that:
- the other party owed you a duty of care;
- they breached that duty of care; and
- the breach caused you to suffer injury.
All road users have a legal duty to take reasonable care to avoid causing harm or injury to other road users. For motor vehicle accident claims, taking reasonable care often refers to abiding by the state’s road rules. For example, if an accident was caused by a driver failing to give away at an intersection, that driver would be considered the ‘at-fault’ (negligent) party because they breached their duty of care to the other road users by failing to obey the traffic laws.
Therefore, if you have suffered a personal injury because you failed to take reasonable care whilst on the road, you will not usually be entitled to claim for compensation from a CTP insurer in Queensland. However, if you were only partially responsible for the accident which caused your injuries, you will still be entitled to make a CTP claim, but your compensation will be reduced as a result of, and proportionate to, your contribution to your injuries.
If you are successful in establishing that your injuries were caused by the negligence of another party, compensation will be paid to you by the CTP insurer of the at-fault driver. If the at-fault vehicle was not registered or the insurer could not be identified, you can bring a claim against the Nominal Defendant, which is a Queensland statutory body established under the Act.
In Queensland, if you were injured in a motor vehicle accident on your way to or from your workplace, or travelling for work-related reasons, you may be entitled to make a workers’ compensation claim with WorkCover Queensland or your employer’s self-insurer, known as a ‘journey claim’. You can read our previous article ”Workers’ compensation journey claims when travelling to and from work” for more information.
Making a CTP compensation claim in Queensland
First steps
- If you or another party has been injured in a motor vehicle accident, you should call 000 and request the police and an ambulance attend the crash site, even if you don’t believe the injuries are life-threatening.
- Report the motor vehicle accident and give a statement to Queensland Police. The CTP scheme in Queensland requires that the accident be reported to the police. If the police did not attend the crash site, you will need to complete a ‘Report of Traffic Incident to Police’ form and take it to your local police station before making a claim for compensation.
- If you are able to do so after the crash, get the details from any other parties involved in the motor vehicle accident including their name, contact details, and licence number.
- Seek the necessary medical and rehabilitative treatment for your injuries and keep records.
- Ask your treating doctor to fill out a CTP Medical Certificate as this is document must accompany your claim application in Queensland.
- File a Notice of Accident Claim Form with the Queensland Motor Accident Insurance Commission (‘MAIC’).
Tips to help support your claim
- Obtain details from any other parties involved in the accident regarding their CTP insurer. If you are unable to do this in the immediate aftermath, you can find this information by calling Queensland Police or searching their vehicle’s registration number in the CTP insurer search on the Motor Accident Insurance Commission website.
- Get details from any witnesses to the accident if you are able to do so.
- Take photos or video at the accident scene if you are able to do so and it is safe to do so.
- Keep records of medical visits and all medical treatment expenses related to your accident.
What compensation is available under a CTP claim in Queensland?
If your CTP claim for compensation is successful, you will be entitled to receive compensation for the losses you have incurred due to the injuries you sustained in the accident.
Compensation under a CTP scheme aims to put the injured person, as close as reasonably possible, to their position before the motor vehicle accident occurred. The types of compensation available under a successful CTP claim may include:
Pain, suffering and loss of enjoyment
In Queensland, it is acknowledged that a personal injury can have a significant impact on a person’s livelihood and overall wellbeing. The CTP compensation scheme allows for an injured person to make a claim for the pain and suffering the accident has caused them, known as “general damages”. The assessment of general damages is regulated by the Civil Liability Act 2003 (Qld) and will depend on the severity of the injury.
Necessary medical and rehabilitation expenses
The CTP insurer are required to cover the costs of reasonable and appropriate rehabilitation services you have incurred as a result of the road accident. This includes any hospital costs associated with surgical treatment. It would be beneficial to keep a record of any costs you have incurred for medical treatment or rehabilitation you have received, particularly while you are waiting for your claim to be accepted.
Loss of wages (past and future)
If the injuries you sustained in the motor vehicle accident prevented you from working (either fully or partially), you will receive weekly payments to compensate you for any loss for earnings you have suffered. If you have suffered a permanent impairment as a result of the motor vehicle accident and have had to change the nature of your employment due to the ongoing symptoms of your injuries, you will be able to make a claim for future loss of wages, as well as the associated superannuation.
Out-of-pocket costs related to injury management
The CTP compensation scheme allows an injured person to claim for any out-of-pocket expenses they have incurred as a result of the injuries they sustained in the motor vehicle accident. This includes the purchase of medication, as well as the cost of travelling to and from any necessary medical and rehabilitation appointments.
If your treating doctor recommends any modifications that need to be made to your home or vehicle to help manage your injuries, the cost of these modification are also compensable.
Care provided to you, either by paid services or friends and family – gratuitous services
If you require paid care and support, you will be able to claim these costs. You may also be able to make a claim for any care provided to you by your family or friends, known as ‘gratuitous services’. However, to claim gratuitous services, the care you received must meet the threshold outlined under the Civil Liability Act 2003 (Qld).
Time limits for CTP motor vehicle accident claims
It is important to be aware of the time limits for lodging a Notice of Accident Claim Form because a failure to comply could result in a loss of entitlements.
In Queensland, you must lodge a CTP claim within 9 months of the date of the accident, or from the first appearance of your injury’s symptoms if they did not present immediately after the accident. If you consult a lawyer regarding your CTP claim, the Notice of Accident Claim Form must be lodged within 1 month of your first consultation with the lawyer.
If the claim is to be brought against the Nominal Defendant (where the at-fault vehicle was not registered or the insurer could not be identified), the claim for compensation must be lodged within 3 months of the date of the accident, or 1 month after consulting a lawyer.
Critically, if notice is not given to the Nominal Defendant within 9 months of the motor vehicle accident, the claim will be statute barred, meaning that your legal rights are extinguished.
Although it is possible to bring a CTP claim for compensation outside of these timeframes if you have a reasonable excuse for the delay, this is not guaranteed. It is extremely important to seek legal advice as soon as possible so that your rights are protected.
Get help from a personal injury lawyer
If you have been injured in a motor vehicle accident, you should seek legal advice as soon as you can. While we understand that suffering an injury can be an incredibly stressful experience, it is important to begin the compensation process as soon as possible due to the strict time limits in place.
At Hall Payne Lawyers, we offer a free initial consultation to discuss your accident and injuries, so you have nothing to lose by speaking to one of our experts.
Our experienced compensation lawyers will be by your side throughout the whole CTP claim process and will ensure that you receive the compensation you are entitled to.
Contacting Hall Payne Lawyers
You can contact us by phone or email to arrange your consultation; either face-to-face at one of our offices, by telephone or by videoconference consultation.
Phone: 1800 659 114
Email: general@hallpayne.com.au