Making a CTP Claim in Qld

CTP Claim

Making a CTP Claim in Qld

What is a CTP claim?

CTP is short for “compulsory third party”. 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;
  • 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 registered vehicles in Qld. It is “compulsory” because it comes as standard for many classes of vehicles. 

What can you claim on CTP insurance?

The amounts which an injured person may recover include:

  1. Reasonable and appropriate rehabilitation expenses
  2. General damages (pain and suffering)
  3. Special damages (out-of-pocket expenses such as treatment, medication, travel, equipment, aids)
  4. Gratuitous care
  5. Paid care
  6. Past and future loss of earnings
  7. Interest
  8. Lost superannuation benefits
  9. Legal costs

The amounts which each person can claim vary. Please contact us for an appointment on (07) 3067 3025 if you would like advice about your potential entitlements. 

CTP insurer vs third party property insurer

The CTP insurer is not necessarily the same insurer as the third party property damage insurer. 

If you are injured and want 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. 

Who are the licensed CTP insurers in Qld?

There are currently four (4) licensed insurers in Qld:

  • AAI Limited (trading as Suncorp Insurance)
  • Allianz Australia Insurance Limited
  • QBE Insurance (Australia) Limited
  • RACQ Insurance Ltd

How do I find out who the CTP insurer is?

CTP lawyers have access to restricted databases to perform searches to identify the CTP insurer as at the date of an accident.

Otherwise, an injured individual can apply to the Department of Transport and Main Roads Qld for a paid search to identify the CTP insurer. The registration number and a description of the vehicle will be required. 

Please contact us for an appointment on (07) 3067 3025 if you would like to discuss your accident and identify the CTP insurer of the vehicle at-fault. 

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.

How do I make a CTP claim in Qld?

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.

Please contact us on (07) 3067 3025 if you would like help with completing and submitting a claim. 

How do I claim against CTP in Qld?

If you were the at-fault party, the claim form will be sent directly to your CTP insurer.

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. 

For example, in a rear end collision where the leading car did not have operating brake lights but the following car was travelling too close, both drivers may have contributed to the collision. 

How does a CTP claim work?

CTP claims are regulated by the Motor Accident Insurance Act 1994 (Qld). There are a number of steps which occur. These steps are described as the pre-Court process. The pre-Court stage must be completed before the injured person can start Court proceedings.

An injured person can have their reasonable and appropriate rehabilitation expenses funded by the insurer, provided that liability is admitted. When their injuries are stable and stationary, they can negotiate a lump sum settlement with the CTP insurer. A settlement is “once and for all” and the person will not be able to claim any further amount for their injuries after the claim is settled. 

What are the steps in a CTP claim?

This is a basic timeline of the steps that can take place in a CTP claim. Please note that this is a general guide only:

Step Description Time from date of first appointment with us
1 Serve Notice of Accident Claim Form 1 Month (or within 9 months of accident)
2 Insurer's Response to Notice of Accident Claim Form and insurer's response regarding rehabilitation 14 days after Step 1
3 Liability Response 6 Months after Step 1
4 Additional Information Request from Insurer 6-9 Months after Step 1
5 Medical Examinations 6-12 Months after Step 1
6 Insurer's Medical Examinations 6-12 Months after Step 1
7 Compulsory Conference 12-18 Months after Step 1
8 Begin Court proceedings if necessary Within 60 days after Step 9 or before end of limitation period

What is the CTP claim time limit in Qld?

Strict time limits apply in CTP claims and it is important to seek legal advice as soon as possible to protect your interests.

A claim must be commenced within the earlier of:

  • Nine (9) months of the date of the accident;
  • One (1) month of consulting a lawyer about the possibility of making a claim.

A general limitation period also applies in CTP claims. If the at-fault vehicle was registered, then a general three (3) year limitation period

Because of the strict limitation period applicable to claims involving unregistered vehicles, it is important to arrange for a search to be performed to correctly identify the CTP insurer as soon as possible.

What is the time limit for a claim against the Nominal Defendant?

If the vehicle was unregistered, there is a strict nine (9) month limitation period.

Can I claim for an accident after three (3) years?

If the accident happened when you were under 18 or you have been under a legal disability, you may be able to make a claim. There are other limited circumstances in which a claim can be made outside of a limitation period, however, it is essential to obtain legal advice particular to your circumstances as soon as possible. Urgent legal steps may need to be taken to protect your interests.

Can you claim compensation for whiplash?

Yes. “Whiplash” describes the mechanism of injury and 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. 

Can you claim compensation for a deceased person?

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 a CTP death payout in Qld?

In a claim for dependency, CTP death payouts are (basically) calculated by:

  1. estimating the ongoing level of earnings that the deceased would have derived but for their death; and
  2. 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. 

Do I need a solicitor to claim compensation?

No, you do not need a solicitor to make a CTP claim for compensation. However, many people benefit from being represented in a CTP claim.

Due to legal issues that can arise in the course of a CTP claim, it is generally advantageous to have an experienced personal injury lawyer represent you.

A CTP lawyer can explain your rights and obligations, as they guide you through the claims process.

What is a CTP lawyer?

A CTP lawyer is a lawyer who represents clients in personal injury claims relating to road accidents. These lawyers often have years of experience with handling CTP or general personal injury matters.

Denning Insurance Law was founded by former in-house CTP insurer, Kate Denning, so we know precisely how best to prosecute your interests. In CTP claims we:

  • ensure our clients comply with time limits applicable in CTP claims;
  • gather expert and other evidence to maximise the damages our clients can recover, including obtaining statements from family members and employment records;
  • prepare a detailed Statement of Loss and Damage outlining our client’s claim;
  • achieve informal settlements to save costs, wherever possible;
  • explain each step of the claim process along the way so that our clients understand what we are doing and why. 

How long does a CTP claim take?

The length of a CTP claim can be between 6 months and three (3) years.

For finalised claims for accidents from 1 July 2010 to 30 June 2020, licensed CTP insurers reported average claim lengths as follows:

Insurer Months to finalise
Suncorp Insurance 16.9
Allianz 15.8
QBE 15.9
RACQ 16.3

According to the Motor Accident Insurance Commission’s Annual Report for the 2020-2021 year, 50% of claims against the Nominal Defendant were resolved in under two (2) years.

There are a number of factors which can affect how long a CTP claim lasts including:

  • The nature and extent of your injuries
  • The speed of your recovery from your injuries
  • The attitudes of both parties in settlement negotiations

In an initial consultation, your lawyer will be able to provide you with their preliminary views about how long your claim may take to resolve.

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

How we can help with a CTP claim

Denning Insurance Law acts on behalf of clients in CTP claims.

Please contact us on (07) 3067 3025 if you would like advice with respect to a motor vehicle accident. If you have been injured, we offer a free one (1) hour initial consultation, to discuss:

  • the circumstances of the accident
  • the CTP claim process
  • critical time limits
  • the types of damages that can be claimed
  • the rehabilitation expenses that you can recover
  • how pre-existing injuries can affect your payout
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