Motor Vehicle Accidents in Queensland – What is CTP Insurance?
You may be entitled to a claim for damages if you have been injured in:
- a car accident;
- a motorcycle accident;
- a bus accident;
- a truck accident;
- an incident between a bicycle and any registered vehicle; or
- an accident between a pedestrian and any registered vehicle.
In Queensland an injured person can make a claim against the insurance company of the driver at fault in the accident. A claim can be made under their CTP insurance policy (Compulsory Third Party Insurance). This type of insurance is compulsory for all motor vehicles that are driven on Queensland roads.
A claim can be made even if a vehicle is not registered or insured, as long as the accident occurs in a public place. In these types of cases the Nominal Defendant will ‘step in’ and act as the CTP insurer for the accident.
The type of claims that CTP insurance covers are set out in section 5 of the Motor Accident Insurance Act 1994.
Every claim is assessed on an individual basis, regardless of the number of people injured in the accident and vehicles involved in an accident.
If your claim is against the Nominal Defendant then you must lodge a compliant Notice of Claim within 9 months after the accident or you lose all rights to claim compensation.
If your claim is against the CTP insurer of another vehicle at fault you must submit a compliant Notice of Claim within 9 months after the accident or 1 month after consulting a lawyer. If you do not, then you must provide a reasonable excuse as to the delay. There is a 3 year common law time limit, and if you do not make a claim within 3 years of the accident then you will lose all rights to make a claim. The 3 year time limit is extended for a minor to 3 years after the minor reaches their age of legal capacity at 18 years old.
If an insurer admits liability for the motor vehicle accident they will pay for all expenses that are reasonable and appropriate for your rehabilitation.
A rehabilitation plan may include provision for assistance around your home, assistance with personal care and further medical treatment.
Please do not hesitate to contact our office on (07) 4963 2000 or via our online contact form should you have any queries.