About the CTP Claim Process in Queensland
After a car accident, a CTP claim is filed against the at-fault driver’s CTP insurer. You might question
- Am I eligible to make a CTP claim?
- How do I lodge a claim?
- 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 earn an income. In that case, it can help to understand the third-party insurance claim process.
CTP Injury Claim for a Car Accident
If you are injured in a motor vehicle accident, you could seek compensation from the CTP insurer when you are not the at-fault driver. 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
Our simple-to-follow legal guide explains the CTP claim process, including what you must prove for a successful outcome.
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 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.
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 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
- 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
Generally, a compensation payout consists of common law damages minus the applicable statutory refunds, such as disbursement costs.
Splatt Lawyers provides a free case review that explains your rights, including the claims process and 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.)
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Eligibility to 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.
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 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:
- 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
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
- 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, including reasonable funeral expenses.
Free Online Claim Assessment
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
- 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.
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.
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, which means you pay when you win and nothing if you lose. Call 1800 700 125
How to Lodge a Claim Form
Once you’ve identified the correct CTP insurer, completing and submitting the relevant online 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
- 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 this works.
Submit a Completed 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.
Claim Dispute or Receive a Settlement
The final step of the CTP claim process involves negotiating a settlement payout with the CTP insurer. If approved you receive a lump sum payout. 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.
CTP insurers have a legal obligation to fund reasonable medical expenses, 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 involves requesting funding from the CTP insurance company after meeting with a doctor
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 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, a serious personal inury will result in a larger settlement and a longer duration of income payments.
Free compensation assessment >
CTP Insurance Claim Legal Advice
Splatt Lawyers can explain the legal rights of Queenslanders injured in motor vehicle accidents caused by another’s negligence. A free case review 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
Pay when you win and nothing if you lose. It’s our no-pay legal guarantee. Call 1800 700 125
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QLD CTP Insurance Claim FAQs
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, 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
Does CTP cover the driver at fault?
CTP cover does not extend to the at-fault driver. 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 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.
- The other vehicle is registered interstate.
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 dependents may be eligible to lodge a fatality claim.