If you have an existing Qld CTP claim or you’re considering making a claim, you are probably keen to understand what to expect, in terms of a CTP compensation payout.
This article provides general information and statistics relating to CTP payouts in Qld. It is not legal advice. If you require legal advice about a CTP payout, please contact us at Denning Insurance Law.
What can you claim on CTP insurance?
As a starting point, it is important to understand that every claim is different but that in most cases, an injured person can claim compensation under a number of “heads of damage”.
The amounts which an injured person may recover include:
- Reasonable and appropriate rehabilitation expenses
- General damages (pain and suffering)
- Special damages (out-of-pocket expenses such as treatment, medication, travel, equipment, aids)
- Gratuitous care
- Paid care
- Past and future loss of earnings
- Interest
- Lost superannuation benefits
- Legal costs
As the amounts which each person can differ, it’s important to seek legal advice about your potential entitlements, to ensure that you are properly compensated for your injuries. For advice about a CTP claim, contact us.
What is the average CTP claim payout in Qld?
For finalised claims from 1 July 2019 to 30 June 2020 for accidents from 1 July 2010 to 30 June 2020, the Motor Accident Insurance Commission reports that average CTP claim payouts were as follows:
| Severity of injury | Average amount paid |
|---|---|
| Minor | $62,800 |
| Moderate | $146,400 |
| Serious | $357,600 |
| Severe | $928,500 |
| Critical | $2,378,100 |
According to data from the the Motor Accident Insurance Commission, the average amounts paid, under various heads of damage, on CTP claims finalised in the period 1 July 2019 to 30 June 2020 for accidents from 1 July 2010 to 30 June 2020 are as follows:
| Description | Average amount paid |
|---|---|
| General damages (pain, suffering and loss of amenities of life) | $15,693 |
| Treatment | $13,261 |
| Past and future loss of income | $70,489 |
| Care | $102,395 |
| Legal costs | $32,713 |
List of CTP Payout Amounts Qld
The following is a list of recent CTP claim payouts, as awarded by the Queensland State Courts:
| Case name | Payout amount |
|---|---|
| Murphy v Turner-Jones & Anor [2022] QSC 40 | $200,776 |
| Dearden v Ryan & Anor [2022] QSC 111 | $600,797 |
| Kickbusch v Lehane & Anor [2022] QDC 16 | $173,085 |
| Bosk v Burgess & Anor [2021] QSC 338 | $573,616 and €871,373 |
| Ketchell v RACQ insurance Limited [2021] QDC 307 | $479,884 |
| Allen v O’Donnell & Anor [2021] QSC 63 | $2,499,399 |
| Seiffert v Chadwick and TAC [2021] QDC 8 | $456,640 |
| O’Brien v Merton & Anor [2020] QDC 299 | $41,560 |
| Hariharan v Vojtisek & Anor [2020] QDC 276 | $269,840 |
| McKay v Armstrong & Anor [2020] QDC 127 | $76,123 |
The CTP claim payout amount made by a CTP insurer varies from claim to claim. So, it is important to seek expert legal advice as to your potential entitlements at the earliest possible stage.
Can you claim for a whiplash payout?
Yes. “Whiplash” describes a mechanism of injury. An injury described as “whiplash” can involve injury to the muscles, tendons and soft tissues of the neck. It is the most common type of injury claimed for by injured road users in CTP matters. The seriousness of a whiplash type injury varies from minor to moderate and the effects of these injuries can be long lasting for some people.
How do I know when to settle my claim?
A question that we are frequently asked is when someone should settle their CTP claim.
Our general advice to people is that it will probably be many months and up to two (2) years before accident related injuries are stable and stationary. If your injuries are not stable and stationary, you should not finalise your claim for any amount.
This is because there is no way of knowing what the long term impacts of your injuries will be and their may be other injuries of which you are unaware. You can still request reimbursement of your expenses in the short term, but please – do not offer to finalise your claim after you’ve just had an accident without seeking legal advice.
The CTP insurer said my claim is "closed" - what does this mean?
If you have been told by a CTP insurer that your claim is closed, you should seek legal advice. Some insurers tell injured Claimants this to avoid paying any further amounts on a claim.
This is sharp claims practice and almost certainly incorrect advice. “Closing” a claim is done with the click of a button, whereas properly finalising a claim requires an injured individual to sign a Release, agreeing to claim no further amounts.
If you have not signed a Release, you could be entitled to significant damages for your injuries, paid out in a lump sum.
The CTP insurer said I am only entitled to damages for "pain and suffering"
Some insurers tell injured, self-represented claimants that they are only prepared to make a payout in respect of “pain and suffering” or “general damages”.
However, most of our clients recover compensation under several heads of damage, proving this is information completely wrong and at worst, misleading.
To read CTP case studies from our former clients, click here. To learn more about pain and suffering payouts, click here.
Can you claim compensation for a deceased person?
Yes but it needs to be clear that another vehicle was at-fault (in whole or in part).
A spouse, de facto spouse, child or other dependant can submit a CTP claim in respect of an accident. This type of claim is described as a claim for dependency.
The claim can be started by any one of the dependants. Usually the claim is conducted by the estate of the deceased on behalf of the dependants. Damages for loss of dependency can be substantial.
How much is the payout for death in a car accident?
In a claim for dependency, CTP death payouts are (basically) calculated by:
- estimating the ongoing level of earnings that the deceased would have derived but for their death; and
- deducting an allowance for the amounts that the deceased would have spent upon themselves.
The loss of benefit of the deceased’s superannuation payments is also claimed together with interest. In addition to the loss of financial dependency, a claim for damages in respect of a deceased’s loss of domestic services is usually claimed.
Considerations
The potential damages payable to an injured person can be significant.
Each claim is different and it is important to engage an experienced lawyer to ensure that your claim is properly quantified and supported by expert evidence.
Injured individuals should seek legal advice before accepting an insurer’s offer of settlement. Generally speaking, a settlement cannot be re-opened, once finalised.
Why choose Denning Insurance Law?
Don’t settle for just any personal injury law firm – choose Denning Insurance Law, where you’ll get a complete and comprehensive service from one of Queensland’s only firms founded by a former in-house CTP lawyer. With our expertise in insurance law, we offer a unique advantage in handling your personal injury claim.
From CTP, to property damage insurance claims and navigating the National Injury Insurance Scheme, our highly experienced team will be with you every step of the way. We’ll ensure that you receive the full extent of your entitlements, so that you can focus on your road to recovery.
And with Principal Kate Denning being an Accredited Personal Injury Law Specialist, you can trust that your case is in the hands of a true expert. Read about just some of our previous case successes by clicking here and see for yourself why Denning Insurance Law is the right choice for your personal injury claim. Contact us today for a FREE initial consultation and take the first step towards securing the compensation you deserve.
Want more information about CTP claims?
Stay informed on the time limits and claim timeframes for Qld CTP claims with our helpful article “Qld CTP Claim Time Limit and Claim Timeframes.”
Navigate the CTP claim process with ease by reading our comprehensive article “Making a CTP Claim in Qld.” See how our expertise has helped real clients just like you by clicking through our inspiring case studies.
Make informed decisions and ensure the best outcome for your CTP claim by learning from our experience. Check out our articles and case studies today!
