In Queensland we have a ‘fault’ based Compulsory Third Party (CTP) scheme. What this means is that any motor vehicle owner, driver, passenger, or other road user in Queensland is covered by unlimited liability for personal injuries caused by a vehicle, where the accident is not their fault. Unlike other insurance policies, the amount of the CTP premium is built into the vehicle registration fee and is not affected by the lodging of a CTP claim.
To have a CTP claim accepted, an injured party must prove the owner or driver of the motor vehicle was ‘at fault’. For example, if a car is stolen and the thief injured a pedestrian in the process, the registered owner of the vehicle and their CTP insurer are liable for the pedestrian’s injuries. Another example is if a group of friends are travelling to a BBQ, and the driver runs a red light and crashes into another vehicle. The passengers of the vehicle and the driver of the other vehicle can make a CTP claim for their injuries.
According to the Queensland Motor Accident Insurance Commission, there were a total of 4.16 million vehicles registered for CTP insurance in Queensland last financial year. In the past 3 years, the frequency of CTP claims in Queensland has been on the rise. The majority of injured persons lodging claims have legal representation. Males and females in the 26-35 age group are most likely to make a CTP claim. The majority of CTP claims are for minor injuries.
When a CTP claim is accepted, the insurer will pay for reasonable costs associated with medical treatment and rehabilitation. Damages can also be claimed for things like loss of income or costs of care, however special limits and criteria apply. No two injured persons have the same circumstances and situation. It is therefore important that you contact our compensation team to speak with an expert about your rights in relation to a CTP claim and what limits or criteria apply to your situation.