Motor Vehicle

A “Compulsory Third Party” (CTP) claim is a type of personal injury claim that a person who is injured on Queensland roads (either as a driver, passenger, motorcyclist, bicyclist, pedestrian, e-scooter rider, etc.) can make against the at-fault vehicle’s insurer.

No. CTP claims are made against the insurer of the ‘at-fault’ vehicle, not the driver or owner of the vehicle itself.

Compulsory Third Party (CTP) insurance covers vehicle owners and drivers who are legally liable for causing personal injuries to another party (drivers, passengers, pedestrians, cyclists, motorcyclists) during a motor vehicle accident. CTP insurance is automatically deducted out of the annual registration fees paid by vehicle owners.

Anyone injured in a car accident in Queensland can make a CTP claim providing the accident is due to the fault (either total or partial) of another driver, vehicle owner or another person insured under a CTP insurance policy.

No. CTP insurance only covers personal injuries arising from car accidents, however, your personal injury damages can include the cost of hiring a replacement car while you get another one.

CTP claims are made against the CTP insurer of the vehicle that caused the accident. This is usually Suncorp, Allianz, NRMA or QBE.

If you were partially at fault, you can still make a claim against your own CTP insurer, but your compensation could be reduced to the extent that you have contributed to your own injuries. This is called contributory negligence.

Yes. In cases such as this, you will need to make the claim against your own CTP insurer.

Important dates called “Limitation Dates” apply to people looking to make CTP claims in Queensland. These dates are very important because the timeframes are very strict.

If the at-fault vehicle can be identified and has current registration, you have:

• 9 months from the date of the accident, or if your symptoms are not immediately apparent, the first appearance of those symptoms, to lodge a compliant Notice of Accident Claim form with the CTP insurer.
• If you attempt to lodge a claim after 9 months but before 3 years, you will need to give the CTP insurer a “reasonable excuse for delay”.
• You cannot lodge a claim after 3 yearsfrom the date of accident.
• Lastly, if you have consulted a lawyer about the possibility of making a claim, you have 1 month from the date of that consultation to lodge a compliant Notice of Accident Claim form, otherwise you will need a reasonable excuse for delay.

If the at-fault vehicle cannot be identified or is unregistered, you have:

• 3 months from the date of the accidentto lodge a compliant Notice of Accident Claim form with the Nominal Defendant.
• If you attempt to lodge a claim with the Nominal Defendant after 3 months but before 9 months, you will need to give the Nominal Defendant a “reasonable excuse for delay”
• You cannot lodge a claim after 9 months with the Nominal Defendant.

Generally speaking, claims where your injuries heal without complication can be resolved within 8 months, but more moderate and severe injuries can take upwards of 1 – 2 or more years.

Common injuries include:

• Orthopaedic injuries such as fractures, joint injuries and spinal injuries.
• Neurological or nerve injuries.
• Brain injuries.
• Injuries caused by fatigue.
• Psychiatric injuries sustained as a result of the material incident.
• Psychiatric injuries which arise as a result of physical injuries sustained in the material incident.

CTP compensation is made up of the following categories:

• General Damages – for your pain, suffering, and loss of amenities of life.
• Past and Future Economic Loss – economic loss that you have suffered or will suffer as a result of the injury.
• Past and Future Incident-Related Expenses (Special Damages) – including medical and rehabilitation expenses.
• Gratuitous Care – costs of extra care or assistance that you require because of your injury.

The value of a personal injury claim can only be determined once your injuries are ‘stable’ – meaning that your symptoms are not likely to drastically change. Once your injuries are stable and all the relevant evidence has been obtained your lawyers can estimate how much your claim is worth.

CTP insurers usually offer to pay for treatment and rehabilitation after a compliant Notice of Accident Claim form has been lodged.

CTP insurers will only pay rehabilitation expenses that are:

• Reasonable and appropriate.
• Related to the injuries you sustained in the accident; and
• Are validated by original receipts.

Rehabilitation generally includes services like physiotherapy, GP visits or return to work services.

For whiplash claims CTP insurers are much more likely to fund your rehabiliation within 12 weeks of the date of the injury, so moving as quickly as possible is the best thing that you can do. After 12 weeks, some insurer may be reluctant to fund rehabilitation.

For other types of injuries, insurers are generally happy to fund rehabilitation providing there is an up to date referral from your general practitioner and/or medical specialists.

Yes. To make a CTP claim you have to report the accident to the police. This is done by filling out a “Report of Traffic Incident to Police Form” and taking it in to any local police station.