If you have been injured in a road accident that wasn’t your fault, you will likely want to know how to make a claim against a CTP policy. The process can be challenging because insurers will try to minimise their liability or avoid paying compensation.
Our legal guide explains the CTP claim process, what you must prove for a successful outcome, and these key points.
- All registered road users must have compulsory third-party insurance
- Drivers without car insurance who are involved in an accident could face severe penalties
- CTP insurance can pay damages to injured people when a crash is wholly or partly not their fault
About the CTP Claim Process in Queensland
After a car accident, an injured person can file a CTP claim against the at-fault driver’s CTP insurer. In this situation, you might question:
- Am I eligible to make a CTP claim?
- How do I lodge a claim form?
- What is the claim process?
Following a car accident, you might experience financial pressure, particularly when you are the injured person in a motor vehicle accident and can’t work. In that case, it can help to understand the third-party insurance claim process.
Free Consult for Motor Accident Injury Claims
If you are injured in a motor vehicle accident, you could be eligible to lodge a personal injury claim with the CTP insurer if you are not at fault. Sometimes, you can still make a claim if you are partly to blame for the car accident.
No matter how your motor accident occurred, our personal injury lawyers provide advice regarding your rights on a 100% no-win, no-fee basis. It’s free to know where you stand. Call 1800 700 125
About the QLD CTP Scheme
CTP insurance provides financial protection when someone dies or is injured in a motor vehicle accident. A CTP insurance policy covers your liability and the liability of anyone else who drives your car when yours is at fault for the collision.
- Remember that all registered Queensland road users must have compulsory third-party insurance.
- Drivers without car insurance who are involved in an accident could face severe penalties.
- CTP insurance can pay damages to injured people when a crash is wholly or partly not their fault.
- Statutory benefits typically cover early medical treatment and income support for 1-2 years.
- CTP insurance also covers public hospital services after an accident.
Who can make a claim?
- Injured persons eligible for CTP claims include drivers, passengers, pedestrians, cyclists, and motorcycle riders.
- You must file a CTP claim within 28 days of when the accident happened to receive payments.
- But you have up to 3 years to seek common-law compensation.
How much do you get paid for a successful CTP claim?
- According to MAIC data, the average CTP payout amount is approximately $82,600 for minor injuries and $358,600 for serious personal injury.
- The statistics show there are 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 injury-related 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 from the accident date
- One month of meeting with a lawyer about making a claim
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 the insurance claims process is handled fairly and smoothly.
Free Claim Assessment
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 a CTP payout. In other words, the extent of financial loss. A successful CTP claim can compensate for the following:
- Injuries sustained by other people involved in the accident, including family members
- 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
A compensation payout typically consists of common-law damages minus applicable statutory refunds, such as disbursement costs.
Splatt Lawyers offers a free case review to explain your rights, including the claims process and an estimated settlement value. Call 1800 700 125
(NOTE: Splatt Lawyers is a personal injury law firm and, hence, does not assist with property damage litigation, which often does not require a lawyer’s support.)
Can I Make a CTP Insurance Claim?
In Queensland, eligibility to make a QLD CTP insurance claim relies on specific criteria, including:
- Who was driving the at-fault vehicle?
- The type of traffic accident
- How the accident happened.
CTP insurance covers drivers across Australia. Depending on local regulations and guidelines, you could 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 qualify for a claim as the at-fault driver. That’s because you can’t sue yourself for negligence.
However, you can make a CTP 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:
- An extensive investigation by the CTP insurance company
- Interviewing drivers of the vehicles involved and witnesses
- Examining other evidence, like police reports and CCTV footage.
Fatal and Non-Fatal 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
- Pain and suffering
- Economic loss
- Gratuitous services
- Legal costs
For fatal injury claims, family members or dependents of the person who sustained the deadly injury can claim for:
- Loss of financial and non-financial dependency
- Reasonable funeral expenses
How to Make A CTP Claim
Knowing how to lodge a claim can improve the outcome. In Queensland, the steps of the CTP insurance claims process include:
- Reporting the accident to the police
- Identifying the Vehicle’s CTP insurer
- Get medical treatment
- Legal advice from a lawyer
- Collecting supporting evidence and medical reports
- Lodging a completed accident claim form within the strict time frame
- The insurance company disputes the claim or pay a settlement.
Reporting the Motor Vehicle Accident
If you are a driver involved in a crash, you should report the accident at a police station (or online) when
- Someone has been injured or dies
- A vehicle has been damaged and needs to be towed
- One of the drivers is suspected of breaching road rules
Once you’ve reported the motor vehicle crash at the police station, you should receive a copy of the report or a reference number, or police event number.
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 to find the right CTP insurance company.
Get Medical Treatment
- You should seek treatment from a doctor even if you have no symptoms, as some injuries develop over time (such as whiplash).
- Your medical records can also be used as evidence for a future claim.
Legal Advice From an Accident Lawyer
You have the right to seek legal advice after a motor vehicle accident. Splatt’s accident compensation lawyers can provide a free case review that explains complex personal injury legislation and processes.
All our legal services are 100% no-win, no-fee, meaning you pay when you win and nothing if you lose. Call 1800 700 125
Lodge Your Claim Form
Once you’ve identified the correct CTP insurer, completing and submitting the completed form is the next crucial step in the QLD CTP insurance claim procedure.
CTP claims can be submitted online or via postal methods in different states, with the following information:
- Your details, like your driver’s licence and medical certificate
- Contact information
- The at-fault vehicle’s details
- Details about the accident
- Lodge an online claim form directly to the insurer.
NOTE: An accurately completed form means the CTP insurer will process your claim quickly. You have the right to consult a lawyer about how the process works.
Submit a Completed Injury Claim Form
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.
- Once lodged, the vehicle insurer will allocate a claim number, and you can manage your claim online.
- In general, the third-party CTP insurance company has 14 business days to respond.
- You may also attend a medical assessment as part of the claims process
Claim Dispute or Receive a Settlement
- A claims consultant may contact you or your legal representative
- The final step is negotiating a settlement with the CTP insurer.
- Upon approval, you receive payment as a final settlement of your claim
- Conversely, you can appeal a denied or disputed claim.
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 them.
CTP insurers have a legal obligation to fund reasonable medical costs, 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, which involve requesting funding from the CTP insurance company after meeting with a general practitioner.
Typically, the insurer assesses the necessity and expense of additional treatment, usually with the assistance of medical reports.
How Much CTP Compensation for a Motor Vehicle Accident
When making a CTP claim in Queensland, you could claim common law damages for the following:
- Pain and suffering
- Loss of enjoyment of life
- Cost of care
- Future and past lost income
- Other out-of-pocket expenses
The amount of personal injury benefits depends on the following:
- The number and severity of your injuries
- How much they impact your work capacity
- The extent of treatment required for recovery
Generally, a serious personal injury will result in a larger settlement and a longer duration of income payments.
CTP Insurance Claim Legal Advice When Injured in a Motor Accident
Splatt Lawyers can explain the legal rights of Queenslanders injured in road accidents caused by another’s negligence. A free case review with our CTP legal advisory service covers:
- Eligibility to make a CTP claim
- Who was the at-fault driver in a motor vehicle crash
- The role of medical reports and an accurate claim form
- Our 100% no-win, no-fee policy and capped pricing
Pay when you win and nothing if you lose. It’s our no-pay legal guarantee. Call 1800 700 125
Our QLD Locations
Compulsory Third Party CTP Insurance Claim FAQs
What are the common reasons for denied CTP claims?
Common reasons for denied CTP claims in Australia include the following:
- Failing to lodge within the time limit: you should take action a.s.a.p after a car accident.
- Accident with an unregistered, uninsured or unknown driver: these claims are lodged with the Nominal Defendant and have short time limits.
- Missing or incomplete information: inadequate medical evidence that explains the need for treatment.
- Non-accident-related treatment request: the insurer will deny claims where treatment is not directly related to the road accident.
- Contributory negligence: if you helped cause the accident, a claim may be denied or a compensation payout reduced.
- Didn’t follow the correct process: any misstep could lead to a denial.
- Unreasonable or excessive demands: insurers generally fund reasonable costs and deny anything else.
- Policy exclusions: specific terms and conditions invalidate the claim.
Does CTP cover the driver at fault for a car accident?
The vehicle insured is not covered by CTP insurance when the driver is at fault, so they cannot make a personal injury claim.
However, people with a serious personal injury could access medical assistance through the NDIS or NIISQ.
What is Compulsory Third Party Insurance?
- CTP insurance, or compulsory third-party insurance, is mandatory coverage that provides financial protection for drivers who cause injury or death in a motor vehicle accident.
- This coverage also compensates for injuries sustained by parties that are not at fault.
How long is a QLD CTP insurance claim?
- While simple CTP claims can settle within nine months, most resolve within 12 to 18 months.
- The severity of the injuries and the payout size typically influence how long it takes to settle. That’s because insurers are more likely to contest larger payouts.
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.
- The other vehicle is registered interstate.
In this case, you claim compensation from the QLD nominal defendant.
Nominal defendant claims have strict time constraints, which range from 3 months to 9 months (if you have a reasonable excuse for the delay). So it’s advisable to seek legal advice as soon as possible.
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 dependents may be eligible to lodge a fatality claim.
Do I need a lawyer to make a CTP claim?
You can make a compulsory third-party CTP claim without legal representation. In this case, you are dealing directly with the CTP insurer.
- However, MAIC data show that self-represented clients generally receive lower settlements than those represented by a lawyer.
- Generally, CTP insurers try to limit their liability and the size of approved payments.
What if my car has been damaged?
In Australia, a CTP insurance policy will not cover damage to your own vehicle or someone else’s car or property.