In the aftermath of a motor vehicle accident in Queensland, knowing how to navigate the complexities of a CTP claim can be a lifeline. If you’ve been injured in an accident, you may be entitled to make a CTP claim in Queensland against the insurer of the vehicle you believe was at-fault. Here we address many of the frequently asked questions we receive about CTP claims.
Disclaimer: This article is an informative guide and should not replace professional legal advice. For personalised legal advice, consult with a professional at Denning Insurance Law.
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Understanding CTP Claims in Queensland
What is a CTP claim?
CTP, or Compulsory Third Party insurance, is a statutory policy provided to all Queensland vehicles. A CTP claim is a claim for the injuries or death caused by a motor vehicle accident.
CTP insurance is insurance which responds to a CTP claim for personal injuries arising out of:
- the driving of a motor vehicle;
- a collision, or action taken to avoid a collision, with a motor vehicle;
- a vehicle running out of control; or
- a defect in a motor vehicle causing loss of control of a vehicle while it is being driven,
which is caused, wholly or partly, by a wrongful act or omission in respect of a motor vehicle by a person other than the injured person.
It is a statutory policy of insurance provided to all Queensland vehicles. It is “compulsory” because it comes as standard with the payment of registration for many classes of vehicles.
CTP insurer vs third party property insurer
Often, there’s confusion between CTP insurance and property damage insurance. The CTP insurer is not necessarily the same insurer as the other driver’s third party property damage insurer.
Initiating a CTP Claim in Queensland
The Licensed CTP Insurers in Qld
In Queensland, there are four (4) licensed insurers:
- AAI Limited (trading as Suncorp Insurance)
- Allianz Australia Insurance Limited
- QBE Insurance (Australia) Limited
- RACQ Insurance Limited
Identifying the CTP Insurer
To start a CTP claim, you need to identify the correct CTP insurer of the vehicle as at the date of the accident. The CTP insurer is the insurer who was nominated by the owner when the registration was commenced or renewed. A search of the Motor Accident Insurance Commission website can be performed to identify the CTP Insurer.
It is critical to perform this search because making a claim against the wrong CTP insurer can have serious consequences.
What happens if the at-fault vehicle was not registered?
If the vehicle was unregistered or unidentified, the claim is handled by the Nominal Defendant. The Nominal Defendant can then pursue the person responsible for recovery of all damages and costs paid in respect of the personal injury claim.
What if the vehicle at-fault was registered interstate?
If a vehicle was registered interstate, the CTP claim will progress against that interstate insurer, in the same way as a CTP claim made against a Qld insurer. In some cases, an injured individual may have additional rights and entitlements, depending on the State or Territory in which the vehicle was registered.
Making a Successful CTP Claim in Queensland
Steps to Lodge a CTP Claim
If you are injured, you start a CTP claim by sending a Notice of Accident Claim form to the CTP insurer of the vehicle at-fault.
The Notice of Accident Claim form is a sworn declaration. There are serious consequences for providing a misleading or false statement to a CTP insurer. And so it is a good idea to seek legal advice before swearing and submitting a Notice of Accident Claim form to an insurer.
How do I lodge a CTP claim in Qld?
Claims can be lodged via the Motor Accident Insurance Commission CTP claim portal or to the appropriate insurer directly.
But it’s best not to take any chances with your CTP claim. While it may be tempting to file your claim yourself, it’s crucial to have the guidance of an experienced CTP lawyer beforehand. One small mistake on your claim could cost you dearly in the long run. Protect your rights and secure your best possible outcome by reaching out to a trusted CTP lawyer today.
How does a CTP claim work?
CTP claims are regulated by the Motor Accident Insurance Act 1994 (Qld). There are a series of steps which occur in these claims. These steps are described as the “pre-Court” process. The pre-Court stage must be completed before an injured person can start Court proceedings.
An injured person can have their reasonable and appropriate rehabilitation expenses funded by the insurer along the way in their CTP claim, provided that liability is admitted. When injuries are stable and stationary, independent medical examinations can be arranged to assess the nature of the individual’s injuries and their ongoing impact.
The last step in the pre-Court process is a Compulsory Conference. This is a settlement conference attended by the insurer and the injured individual with their legal representatives. The parties exchange settlement offers in a genuine attempt to resolve the claim.
A personal injury settlement is “once and for all” and an injured person will not be able to claim any further amount for their injuries after the claim is settled. This is why it is important for individuals who has been injured in a car accident to seek legal advice about their entitlements.
Understanding the CTP claim process in Qld
This is a basic outline of the steps involved in a CTP claim in Queensland, during the pre-Court process. Please note that this is a general guide only:
- Serve a Notice of Accident Claim Form.
- Insurer responds to Notice of Accident Claim Form providing a Compliance Response.
- Injured person undergoes rehabilitation and treatment.
- Insurer provides a Liability Response.
- The parties gather information and documents from third parties about the nature and extent of the injuries.
- The parties arrange independent medical examinations.
- The parties hold a Compulsory Conference.
- If the claim does not settle at a Compulsory Conference, the injured person starts Court proceedings.
This process might seem daunting but an experienced lawyer can make the claim process very simple for you. And not all of these steps happen in every claim. For example, a percentage of our client’s cases settle without the need for a Compulsory Conference, minimising legal costs.
How do I claim against CTP in Qld?
If you were the at-fault party, the claim form sworn by the injured person will be sent directly to your CTP insurer.
If you were the driver of a vehicle and you were at-fault, you cannot make a claim against your own CTP insurance in respect of your own injuries.
Can I claim CTP if I am at fault?
If you were 100% responsible for the accident, then you would have trouble recovering compensation for your injuries. However, if the other vehicle was partly at-fault you may be entitled to recover damages which are reduced for any wrongdoing on your part.
Understanding who was at-fault in a CTP claim can be complex. If there is any doubt about who is responsible, it is wise to seek legal advice.
I don't want to go to Court!
We understand and the good news is that over 99% of CTP claims in Queensland are successfully settled out of Court.
So, if you start a claim, there is very little chance that you will progress your claim to a trial. However, to ensure that your claim is resolved at the earliest opportunity and that you do not miss out on claiming all of the damages that you are entiteld to, it is wise to seek legal advice.
Partnering with Denning Insurance Law for Your CTP Claim
Why Choose Us?
With specialised expertise and a holistic approach to legal services, Denning Insurance Law stands as your trusted partner in navigating CTP claims in Queensland.
Begin Your Journey with a FREE Consultation
Ready to take the first step? Benefit from a FREE initial consultation to set the foundation for a successful CTP claim journey. Contact us on (07) 3067 3025 or book online.
More information on CTP claims
- Timelines: CTP claims come with strict time constraints. Understand the critical timeframes and limits for CTP claims in QLD here.
- Payout Insights: Curious about CTP payouts? Dive into our detailed article on Getting a CTP Payout in Qld.
- Real-life Cases: For insights from real case studies involving our past clients, click here.