Car Accident Lawyers Gold Coast

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 for a car accident, 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. If you’re asking how long you have to make a personal injury claim in Queensland, the answer depends on a few factors — and 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.

Lodging the initial claim only takes a few days, but the entire claim process depends on the severity of an injury. If an injury reaches ‘maximum medical improvement’ (injury has stabilised and is unlikely to improve in the next 12 months) without complication, claims can be resolved within 8 months.

However, more severe or complex injuries may take upwards of 1-2 years.

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.

To make a CTP claim, you must report the accident to the police. Any accidents that involve an injury should be reported, and CTP claims may not be approved without the appropriate police report documentation.

CTP insurance is a fixed, state-regulated deduction from Queenslander’s registration. These fees do not increase if you are at fault for an accident and someone claims against your CTP insurer. 

That said, comprehensive or property damage insurance premiums are set by private companies that may view any road accident as an indicator of higher future risk. This may vary depending on your provider and scenario.

The 50/50 rule is a safety net instigated to avoid legal fees from consuming more than half of a personal injury claim. It states that any ‘no win, no fee’ lawyer cannot charge more than 50% of a client’s net compensation after key expenses have been paid. 

Importantly, 50% is only a maximum amount that lawyers can take, it is not a requirement. At Claimwise, if the 50/50 Rule applies, we cap our fees at 25% (half the statutory maximum) where the vast majority of law firms choose to take 50%.

Any property damage claim resulting from an accident is made separately to your CTP claim. If you are at fault in a car accident, your insurer may cover the cost of damages depending on your policy. Generally speaking, with comprehensive insurance you may be required to pay an excess before your provider steps in to cover the remaining costs. Under third party insurance, a provider may only cover the cost of the damages to the other driver/s.