What is a CTP or motor vehicle accident personal injury claim?

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.

Am I suing another person?

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

What is CTP insurance?

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.

Who can make a CTP claim?

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.

Does CTP insurance include damage to vehicles or property?

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.

Who do I make my CTP claim against?

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

Can I make a claim if I was partially at fault for the accident?

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.

Can I make a claim if I was a passenger injured when someone else was driving my car?

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

How long have I got to make a claim?

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 years from 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 accident to 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.

How long do CTP personal injury claims take?

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 to 2 or more years.

What types of injuries can I make a CTP claim in relation to?

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, and 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 for 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; and Gratuitous Care for costs of extra care or assistance that you require because of your injury.

How much is my CTP claim worth?

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.

Will the CTP insurer pay for my rehabilitation and treatment?

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 validated by original receipts. Rehabilitation generally includes services like physiotherapy, GP visits or return to work services.

What can I do to maximise my chances of getting my treatment paid for by the insurer?

For whiplash claims CTP insurers are much more likely to fund your rehabilitation 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 insurers 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.

If police didn’t attend the scene of the accident, do I have to report the accident?

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.

Public Liability Lawyers Gold Coast

Public Liability Claims in Queensland

If you have been injured in a public or private place because of someone else’s negligence, our Queensland Personal Injury Lawyers can provide information about public liability claims.

Claimwise is a Gold Coast personal injury law practice that acts for injured Queenslanders in public liability claims. Find out below how these claims work, the injuries these claims cover, the steps involved, and how legal costs are charged in Queensland.

Start a Claim 0410 901 831

What Is A Public Liability Claim?

A public liability claim in Queensland is a legal claim made by someone who has suffered an injury in a public or private space due to another person’s or organisation’s negligence.

This is different from a workers’ compensation claim, which applies only to injuries sustained by employees in the course of their employment.

A public liability claim differs from a workers’ compensation claim in that the injured person must prove that whoever was responsible for the space or activity owed them a duty of care and that a breach of that duty caused their injury.

Gold Coast residents and visitors are exposed to a wide range of public liability risks, including injuries caused by the negligence of an apartment’s body corporate, a slip and fall accident in a busy shopping centre, or an injury at a surf club, restaurant or bar.

If you have been injured in any of these settings due to someone else’s negligence, you may have grounds for a public liability claim under Queensland law.

Where negligence can be proven, an injured person will be entitled to compensation for pain and suffering, past and future medical expenses, and past and future loss of income.

Public liability claims in Queensland are governed by the Civil Liability Act 2003 and the Personal Injuries Proceedings Act 2002 (PIPA).

The process

Submit

Submit an enquiry, send us an email or chat with us on the phone about your potential claim

Review

Our lawyers will review and discuss your claim with you

Acceptance

We review your claim and advise you on your prospects of success. If we believe you have a viable case, we will take it on a no-win, no-fee basis, meaning you pay nothing unless your claim is successful.

Notice Of Claim

We prepare and serve a formal Notice of Claim on the at-fault party and their insurer, as required under the Personal Injuries Proceedings Act 2002 (Qld). This formally commences the claims process.

Gather Evidence, Draft Documents

We draft all documents and gather all necessary medical, financial and lay evidence to maximise the value of your claim

Resolution

We use our expertise to ensure that your matter resolves in a way that maximises your damages

Who Was Responsible For My Injury?

Whether someone else is legally responsible for your injury depends on who owed you a duty of care and whether they breached it.

Common examples of negligence in public liability claims include:

A wet or uneven floor that a business failed to make safe
Poorly maintained footpaths or public spaces managed by a council
Inadequate safety measures at a venue, theme park, or event
A dangerous product or structure on someone else’s property

Start a Claim

What Injuries Can I Claim For?

Common public liability injury claims in Queensland include:

Orthopaedic injuries such as fractures, joint injuries, and spinal injuries
Neurological or nerve injuries
Brain injuries
Sport accidents
Slips and falls in a public place
Boating/marine accidents
Injuries caused by fatigue
Psychiatric injuries sustained from a traumatic incident

Start a Claim

Who Can Be Held Liable For Your Injury?

In terms of public liability claims, whether another party is legally responsible for your injury depends on whether they owed you a duty of care and failed to meet it.

Some common examples where a party may be held liable include:

A retailer or shopping centre that failed to address a hazardous floor or walkway
A local council responsible for a poorly maintained footpath or public space
A theme park, venue, or event organiser that failed to provide adequate safety measures
A property owner who allowed a dangerous condition to exist on their premises
A hospitality venue where an unsafe environment led to your injury

Start a Claim

What May I Be Entitled To?

If you have been injured and believe you have a public liability claim, you may be entitled to:

Payments and Compensation for any lost earnings or future earnings
Compensation for any pain and suffering as a result of physical and/or psychological injury
Medical expenses for your treatment, as well as ongoing care and recovery costs
Compensation for the loss of your ability to care for any parties dependent on you
Compensation for others stepping up to assist you with care that you would have otherwise had to pay for

It is always recommended to get legal advice as early on as possible to find out what compensation you may be entitled to.

Start a Claim

Act Quickly and Gather Evidence

If you find yourself in an accident, it is important to begin gathering evidence as soon as possible.

The stronger your evidence base is, the more likely you are to obtain compensation for your injuries.

Alongside this, it is equally important to get strong legal advice from a Queensland Personal Injury Lawyer as soon as possible so you know what you might be entitled to.

Legal Costs For A Public Liability Claim In Queensland

Legal costs are among the first thoughts that come to an injured person’s mind when they think about what comes next.

Queensland law has a clear set of rules on how legal costs can be charged concerning public liability claims.

Below is a general breakdown of how personal injury lawyers in Queensland can charge.

No Win, No Fee

Most Queensland personal injury law firms in public liability claims operate on a no-win, no-fee (speculative) basis under a conditional costs agreement.

In general terms, this means you are not charged professional fees unless your claim is successful.

Conditional cost agreements in Queensland carry a cooling-off period of at least five business days, and you are entitled to obtain independent legal advice before you sign one.

How Professional Fees Are Usually Calculated

Many Queensland personal injury law firms will charge on a time-billing basis for their professional fees. Work will be recorded in six-minute units and charged at an hourly rate, with GST added, and many conditional cost agreements also include an uplift fee.

In Queensland, hourly rates for solicitors can range from $400 to $600.

Disbursements and Outlays

Disbursements – Are out-of-pocket expenses paid to third parties as a claim progresses, for example, medical reports, independent medico-legal reports, clinical and treatment records, court filing fees and barrister’s fees. Like most Queensland firms, Claimwise pays disbursements as the claim progresses and is reimbursed for them from the compensation if the claim is successful.
Outlays – A firm’s internal administrative costs, such as printing, photocopying, scanning, and file storage. Claimwise does not charge clients for outlays.

How Claimwise Charges

Claimwise operates using a capped-fee structure rather than an open-ended time-billed account.

At Claimwise, our professional fees for public liability claims are capped by reference to the stage at which the matter resolves:

$2,000 + GST for the initial work (defined in our costs agreement)

$15,000 + GST if the matter resolves through informal negotiations

$20,000 + GST if the matter resolves at a compulsory conference

$40,000 + GST if the matter resolves at, or in the lead-up to mediation (after proceedings have started in court)

$60,000 + GST if the matter resolves at, or in the lead-up to trial (after a Request for Trial Date is served)

These caps apply regardless of how complex the matter becomes or how much additional support a client needs along the way.

In circumstances where the 50/50 rule applies, Claimwise caps its professional fees at 25% of your net recovery.

If you are unsure about a costs agreement, you are entitled to obtain independent legal advice before you sign it.

Why Choose Claimwise?

Claimwise is a Queensland-based “no win no fee” personal injury law firm located on the Gold Coast. Our mission is to help you save money on your personal injury legal fees.

By charging significantly lower fees than other law firms and using a different billing structure, we have saved clients more than $145,000 in legal fees in our first two years.

At Claimwise, we understand how stressful an injury can be and how much additional stress it can cause when you lose a significant amount of money to legal fees.

We want to make “Bill Shock” a thing of the past.

Be smart, claim wise.

Public Liability FAQs

Can I claim for slip-and-fall injuries?

Yes, you can claim for slip-and-fall injuries, but the claim must show that someone else’s negligence caused the injuries to be successful. A thorough investigation of the slip-and-fall incident will need to be undertaken to determine whether compensation is possible.

How long do I have to make a public liability claim in Queensland?

You generally have three years from the date of your injury to make a public liability claim in Queensland.

This time limit is set by the Limitations of Actions Act 1974 (Qld) and is strictly enforced.

Can I make a public liability claim if I was partially at fault?

Yes, being partly at fault does not automatically prevent you from making a public liability claim in Queensland.

Your compensation may be reduced by the percentage of fault attributed to you. This is known as contributory negligence.

Importantly, a person who is injured merely because of their own inadvertence is not automatically contributorily negligence

How does contributory negligence work?

An example of contributory negligence would be if you were found to be 20% at fault with damages assessed at $100,000, you would receive $80,000.

How much is a public liability claim worth in Queensland?

There is no fixed amount of compensation in a Queensland public liability claim, as it largely depends on the nature and severity of your injuries, your financial losses, and the impact on your quality of life.

Can I claim if I was injured as a tourist on the Gold Coast?

Visitors and tourists who are injured on the Gold Coast have the same right to make a public liability claim in Queensland as residents do, as long as negligence can be established.

Being from interstate or overseas does not affect your eligibility, but there may be some practical challenges that arise from not residing locally.

How much can I claim for?

How much you can claim for largely comes down to the circumstances of your public liability claim.

Depending on your situation, you may be entitled to lost wages, medical bill coverage, rehabilitation costs, present or prolonged pain and suffering, as well as any future wages or medical treatment.

Do I have to go to court?

It is very rare for a public liability case to proceed to court. The percentage of cases that do go to court is very small.

There is a chance you may need to go to court, but it is not certain. A specialist legal team only helps increase the chances of an early resolution.

What is a Notice of Claim and when do I need to lodge one?

A Notice of Claim is a formal document that commences the public liability claims process under the Personal Injuries Proceedings Act 2002 (Qld).

It must be served on the at-fault party and their insurer and set out the circumstances of your injury and the losses you have suffered.

In most cases, it must be served within 9 months of the injury or 1 month after you first consult a Queensland Personal Injury lawyer.

How long does a public liability claim take to settle in Queensland?

Most public liability claims in Queensland take between one and three years to resolve, though straightforward matters can settle sooner.

The timeline depends on a number of factors, including the severity of your injuries, how quickly liability is accepted, and whether the matter is resolved at compulsory conference before a claim can proceed to court.

Latest Insights

View all

Motor Vehicle

Public Liability Lawyers Gold Coast

Public Liability Claims in Queensland

What Is A Public Liability Claim?

The process

Submit

Review

Acceptance

Notice Of Claim

Gather Evidence, Draft Documents

Resolution

Who Was Responsible For My Injury?

What Injuries Can I Claim For?

Who Can Be Held Liable For Your Injury?

What May I Be Entitled To?

Act Quickly and Gather Evidence

Legal Costs For A Public Liability Claim In Queensland

No Win, No Fee

How Professional Fees Are Usually Calculated

Disbursements and Outlays

How Claimwise Charges

Why Choose Claimwise?

Public Liability FAQs

Latest Insights

After a Car Accident: To Claim or Not to Claim that is the Question

Break-Neck Speed – Understanding Whiplash, Queensland’s Most Common Personal Injury Claim

Time Crisis – How long have I got to make a personal injury claim in Queensland