After a car accident, a CTP claim is filed against the at-fault driver’s CTP insurer. Our experienced personal injury lawyers help you claim compensation from a car insurance policy when you are injured.
Are you eligible to make a CTP claim, and if so, how do you lodge a claim? Following a car accident, you might experience financial pressure, particularly when you are the injured person in a motor vehicle accident and can’t earn an income.
Thankfully, you can seek compensation from the CTP insurer, depending on whether or not you are the at-fault driver. However, remember that even if you are partly to blame for the car accident, you could still make a claim.
No matter how your accident happened, Splatt Lawyers can help. Our simple-to-follow legal guide outlines the steps to lodge a CTP claim:
- Increasing the chance of a timely and successful outcome
- While reducing your stress.
How do I determine car accident fault? >
Do I Have a Valid Claim?
About QLD CTP Claims
CTP insurance provides financial protection when someone dies or is injured in a motor vehicle accident. A CTP policy covers your liability and the liability of anyone else who drives your car when yours is at fault for the collision.
Remember that it is mandatory for all registered Queensland road users to have Compulsory Third Party Insurance. Driver’s without this insurance involved in an accident could face severe penalties.
What is the QLD CTP insurance scheme >
What is the Motor Accident Insurance Commission?
The Motor Accident Insurance Commission (MAIC) is essential in the CTP claims process in Queensland. As the regulatory body overseeing the CTP scheme, MAIC ensures that the insurance claim procedure is handled fairly and smoothly.
Compulsory Third Party Insurance: What Can You Claim?
So, what can you claim against compulsory third-party insurance when you are injured in a motor vehicle accident and are not the at-fault driver?
The severity of your injuries and how much they impair your ability to earn income will determine what you can claim in compensation and the value of your CTP payout. In other words, the extent of your loss. A successful claim can compensate for the following:
- Injuries sustained by other individuals involved in the accident
- Medical expenses and hospital costs
- Rehabilitation expenses related to the incident
- Lost wages and superannuation
- Funeral expenses
- Cost of home care
- Other out-of-pocket expenses
- Vehicle damage
- Legal costs
At no cost, Splatt Lawyers will evaluate your case, explain the claims process, and provide a free payout estimate. Call Now – 1800 700 125.
What is my claim worth?
Can I Make a CTP Insurance Claim?
In Queensland, eligibility to make a claim relies on specific criteria, including:
- Who was driving the at-fault vehicle?
- The type of traffic accident
- How the accident happened.
Thankfully, CTP insurance covers drivers across Australia. Hence, depending on local regulations and guidelines, you can claim compensation for an interstate accident injury.
At-Fault and Not-At-Fault Drivers
Determining who was at fault for the vehicle accident is the first step towards being eligible to receive CTP compensation. Consequently, you won’t be eligible for a claim if you are the at-fault driver. That’s because you can’t sue yourself for your negligence.
However, you can make a claim if you are free of blame and haven’t been charged with or convicted of a driving offence related to the accident.
Determining fault for a motor accident generally involves the following:
- Extensive investigation by the CTP insurance company
- Interviewing drivers and witnesses
- Examining other evidence like police reports and CCTV footage.
Fatal and Non Fatal Injuries
Regarding injuries, CTP claims differentiate between non-fatal and fatal injuries. For non-fatal injury claims, you may be eligible for compensation for:
- Non-economic loss
- Economic loss
- Gratuitous services
- Loss of consortium
- Legal costs
For fatal injury claims, family members or dependents of the person who sustained the fatal injury can claim for losses such as reasonable funeral expenses.
Free Online Claim Check
How to Make A CTP Claim
Knowing how to lodge your claim can often increase the chance of a successful outcome. In Queensland, the steps of the CTP insurance claims process include:
- Reporting the accident to the police as soon as possible
- Identifying the Vehicle’s CTP insurer
- Contacting a lawyer for legal advice
- Collecting supporting evidence and medical reports
- Lodging a completed accident claim form within the strict time frame
- The insurance company disputes the claim or will pay a settlement.
Steps to take after a motor vehicle crash >
Reporting the Motor Vehicle Accident
Reporting a motor vehicle accident to the police helps ensure that the incident is officially documented and can be cited in your claim. This essential first step provides a formal record of the accident.
Once you’ve reported the motor vehicle crash at the police station, you should receive a copy of the report or a reference number, which is your official reference to the reported incident.
Identifying the Vehicle’s CTP Insurer
Next, you must identify the correct CTP insurer for the at-fault vehicle and find the owner’s contact details. In Queensland, the Motor Accident Insurance Commission (MAIC) offers a free online tool for finding the right CTP insurance company.
Contacting a lawyer for legal advice
Making the most of a personal injury claim following a vehicle accident can be difficult. That’s because CTP insurance providers will look for ways to reduce or deny your compensation entitlements. Generally, legally represented claimants have an increased chance of success with more substantial outcomes.
Splatt’s accident compensation lawyers will explain the next steps, guide you in lodging your claim, and deliver fair compensation in a reasonable timeframe. It’s free to start, and you pay nothing until we win your case, so Call Now: 1800 700 125
How to Lodge Your Claim Form
Once you’ve identified the correct CTP insurer, completing and submitting the relevant claim form is the next crucial step in the QLD CTP insurance claim procedure. This form includes:
- Your details, like your driver’s licence and medical certificate
- Contact information
- Details about the accident
- Supporting medical reports and documents for your claim.
To submit the completed claim form, you have two options:
- Mail the completed form to the CTP Regulator.
- Securely submit your claim directly to the insurer.
Claim Dispute or Receive a Settlement
If you hire an accident claim lawyer to support your case, they will negotiate your personal injury settlement. In that case, you will receive a payout once the insurer approves. Conversely, if you have a denied or disputed claim, you will likely have a chance to appeal the outcome.
Rehabilitation and Medical Expenses
Your life and finances can be seriously disrupted when you are injured in a car accident. So it’s good to know that your medical treatment and rehabilitation costs are covered when the CTP insurer approves.
Your lawyer will help you get early treatment approval when submitting the completed claim, giving you access to essential medical care from a doctor or rehabilitation therapist.
Ongoing Medical Treatment Costs
In Queensland, a CTP policy frequently covers ongoing treatment costs. Typically, the insurer assesses the necessity and expense of additional treatment, usually with the assistance of medical reports.
Claiming ongoing treatment costs involves applying for personal benefits with a medical certificate of fitness for work within 28 days of the accident. Please consult your lawyer, claim consultant and CTP insurer before pursuing alternative treatments.
How Much CTP Compensation for a Motor Vehicle Accident
When making a CTP claim in Queensland, you can claim common law damages for the following:
- Pain and suffering
- Loss of enjoyment of life
- Cost of care
- Future and past lost earnings
- Other out-of-pocket expenses
How much CTP compensation you receive relies on:
- The number and severity of your injuries
- How much they impact your work capacity
- The extent of treatment required for recovery
Generally, more severe injuries will result in a larger settlement and a longer duration of income payments.
Calculate my personal injury damages >
CTP Insurance Claim Legal Advice
Splatt Lawyers has been helping Queenslanders injured in motor vehicle accidents for over 30 years. We also know that legally represented clients typically achieve superior results. An experienced car accident lawyer will help you:
- Know if you have a valid case
- Identify the at fault vehicle owner involved in the motor vehicle crash
- Assist with medical reports and an accurate claim form
- With the next steps to winning your insurance benefits
- Understand the legal costs payable when you succeed
- Help with lodging your claim form as soon as possible
If a family member has died or you have suffered a loss in a traffic accident, you feel secure knowing that all of Splatt Lawyer’s legal services come with 100% no win, no fee legal funding.
Pay when you win and nothing if you lose. It’s our no-pay legal guarantee. Call now: 1800 700 125 for your free case review, or try our free online claim check.
Win Your Case With Splatt Lawyers?
QLD CTP Insurance Claim FAQs
How much do you get paid for a successful CTP claim?
In Queensland, the average CTP payout amount is $82,000 for minor injuries and $358,000 for serious injuries, with larger settlements for severe or extreme injuries and fatal accidents.
What is the time limit for CTP claims in Queensland?
In Queensland, the general time limit for accident claims is three years. However, according to the Motor Accident Insurance Act 1994 (Qld), you must start your case within the earlier of:
- Nine months of the accident date
- One month of meeting with a lawyer about making a claim
What is the average payout for a personal injury claim in Australia?
The average payout for a personal injury claim in Australia depends on your degree of impairment and its impact on your life. But, as a general guide, the average settlement amounts are:
| Minor Injuries | $65,000 |
| Moderate Injuries | $150,000 |
| Serious Injuries | $350,000 |
| Severe Injuries | $750,000 |
| Extreme Injuries | $1,900,000 |
Does CTP cover the driver at fault?
CTP cover includes benefits for at-fault drivers, like payment of medical expenses and rehabilitation costs for up to six to twelve months, based on the state insurance scheme. This coverage can apply even when the driver is partially at fault in a car accident, i.e., they have contributory negligence.
What is Compulsory Third Party Insurance?
CTP insurance, or Compulsory Third Party Insurance, is mandatory coverage that provides financial protection for drivers if they cause injury or death in a motor vehicle accident. This cover provides compensation for injuries sustained by parties not at fault.
How long is a QLD CTP insurance claim?
While simple CTP claims can settle within six months, most resolve within 12 to 18 months. The injuries’ severity and payout size typically influence how long it takes to reach a settlement because insurers are more likely to contest larger payments.
What if I don’t know the registration number of the at-fault vehicle?
You can still seek compensation for your losses if you don’t know the vehicle registration number or other details of the at-fault vehicle. In this case, you claim compensation from the QLD nominal defendant. Nominal defendant claims have tight time constraints, so you should seek legal advice immediately.
Can I claim compensation for a fatal accident?
When someone dies as a result of careless or dangerous driving that wasn’t their fault, surviving dependants can lodge a fatality claim.