Motor Vehicle Accident Claims Guide
The following is our comprehensive guide to motor vehicle accident claims in Queensland.
What is CTP Insurance?
CTP insurance, or Compulsory Third Party insurance, is mandatory insurance paid when your car is registered.
Compulsory Third Party insurance covers the liability of anyone who drives your car for injuries caused to passengers and other road users in an at-fault motor accident. CTP insurance is required in Australia. To register your vehicle and get a motor vehicle registration in NSW, QLD, and SA, you must have CTP insurance.
What does compulsory third party (CTP) insurance cover?
Please note that CTP Insurance coverage varies from state to state.
In Queensland, the driver (and other drivers who use your vehicle) are covered by a CTP policy.
You can be covered for the liability for the following in a motor vehicle accident:
- Passengers in the car suffered injuries as a result of the accident
- Other road users, such as other vehicle drivers and passengers, pedestrians, cyclists, motorcyclists, and pillion passengers that may have been injured
- Injuries resulting from the use of a trailer when it is hitched to a vehicle
What does compulsory third party (CTP) insurance not cover?
Damage to your car, other vehicles, or property is not covered by CTP insurance. If you’re seeking this type of coverage, you need Comprehensive Car Insurance which you would purchase a policy for in addition to your CTP.
Why is CTP insurance mandatory?
When you consider the medical care and treatment costs that may be involved, as well as the possible loss of income during recovery, the cost to someone who is injured in a car accident can be enormous. In the worst-case scenario, people who have been injured may require costly care and medical expenses for the rest of their lives.
To ensure that injured parties in a motor vehicle accident are reimbursed regardless of the financial situation of the driver who caused the accident, all vehicle owners must get CTP insurance before registering their car.
Insurance protects both parties. That’s why one must be a registered and insured vehicle owner.
How is comprehensive car insurance different to CTP insurance?
CTP Insurance is different from Comprehensive Car Insurance. Comprehensive car insurance covers damage to your vehicle and damage you may cause to other people’s vehicles or property. This insurance is not mandatory and provides extra coverage if you have a motor vehicle accident.
What happens if I am injured in an accident with an uninsured car?
In Queensland, we have the Nominal Defendant which was established to compensate people who are injured as a result of negligent driving of an unidentified or uninsured vehicle. If you are injured by an unidentified or uninsured vehicle you can claim compensation from the Nominal Defendant. The Nominal Defendant then has the right to recover the debt from the owner of the vehicle.
The Nominal Defendant is funded by a levy incorporated into vehicle registration renewals. The Motor Accident Insurance Commission is the body responsible for the Nominal Defendant.
Does CTP insurance apply for injuries sustained in a single car accident?
Just because someone has been involved in a single vehicle accident, doesn’t mean it was their fault. Single vehicle accidents can occur because a driver is swerving to avoid a collision, or maybe the car lost control because of oil deposited on the road by another vehicle or possibly there may be some mechanical fault with the vehicle. In these cases, if the driver has suffered an injury, they may still be entitled to compensation.
Even if the driver of the single car accident is at fault, they may be entitle to a lump sum payment through the CPT ‘at-fault’ driver policy depending on the nature of your injuries. Most CTP insurance policies have provisions for ‘at-fault’ driver claims for very serious injuries and death.
If your injuries are very serious, you may be eligible for lifetime payments for treatment, care and support under the National Injury Insurance Scheme, Queensland (NIISQ).
What if I’m injured in a car accident on my way to or from work?
If you are injured in a car accident on your way to or from work, you will likely be entitled to Workers’ Compensation benefits, even if you are the driver at fault.
If the accident was caused by someone else’s negligence, you can bring a claim under the CTP scheme as well as receiving Workers’ Compensation benefits.
This article is a part of our Motor Vehicle Accident Claims Guide which is designed to help you navigate the process of making a motor vehicle claim where you may require a motor vehicle or car accident lawyer.
Need help getting your life back on track?
You’ve come to the right place.
We can help you make a claim for an event, incident or accident – that happened anywhere in Queensland. We have offices on the Sunshine Coast, Brisbane, Gold Coast and Cairns. We also offer video appointments for other regions.
If you have been involved in a car accident, you may be entitled to make an injury compensation claim. We will meet with you and establish whether you can make a claim. We’ll also explain your rights, any time limits and the process. Get in touch to find out how we can assist here.
What is a car accident CTP insurance claim?
A car accident Compulsory Third Party (CTP) insurance claim is an insurance claim that you make when you have a motor vehicle accident and have a CTP insurance policy. You make this claim to get compensation for being injured in a motor vehicle accident.
CTP insurance is required for all vehicles driving in Australia. If you have been injured in a motor vehicle accident, you can make a CTP Claim for personal injury benefits to cover losses that you may have incurred because of the accident. These losses include past and future lost earnings, various medical and care expenses, treatment needed and pain and suffering.
Claims are assessed and processed by the CTP insurer of the vehicle that is at fault.
Please note this guide is for Queensland drivers.
Who can make a CTP insurance claim?
Suppose you are injured in an accident that involves a motor vehicle, either as a driver, passenger, motorcycle rider, motorcycle passenger, cyclist or pedestrian. In that case, you can make a CTP insurance claim for losses that you have incurred.
If you are the driver at fault – you may still be able to make a CTP insurance claim through your CTP insurer’s ‘at-fault’ driver policy.
Note: CTP insurance claim forms differ by the state in Australia
Overview of the QLD CTP Claim Process
Here is an overview of the Queensland CTP claims process provided by the Motor Accident Insurance Commission.
8 Steps to Settle your claim
- Complete and submit your claim form
- Get the required details and lodge a claim form online
- Confirmation of Lodgment
- The insurer will let you know if you filled in the claim form correctly and whether they will pay for the appropriate rehabilitation expenses.
- This happens within 14 days.
- Treatment and Rehabilitation
- You can continue to get the treatment needed if you have a motor vehicle injury.
- Liability Assessment
- Within six months, the insurer will decide on liability.
- Documentation for Insurer
- The insurer needs to collect required documentation to assess your claim – i.e. medical evidence and supporting documentation.
- This information will be used to assess your compensation claim
- Your Injury is Stabilised
- You are recovered from your injury, or it is stabilised
- Negotiation of your CTP Claim
- Settlement negotiations happen with the insurer
- Claim Settlement
- Finalising your compensation claims and have a successfully settled claim
What is liability?
Liability refers to fault or responsibility. Whoever was at ‘fault’ for the accident is liable for the injuries sustained by any third party. Under the CTP scheme, the insurer will pay any award of compensation on behalf of the liable party. This means, even if you are the driver at fault, you will not have to personally pay compensation to any injured person.
Why is it important to seek legal advice?
There are very strict time limits that apply to claims under the CTP scheme. If you miss these time limits, you may be barred from bringing a claim. Obtaining legal advice soon after the accident means your rights and all potential claims will be protected. Having legal representation throughout your CTP claim means you will be guided through the process from start to finish. Your lawyer will properly prepare your case to ensure you claim for all possible damages. Your lawyer will ensure all reasonable and necessary rehabilitation services are provided to you throughout the course of your claim.
How long will it take to settle?
Because each CTP claim is evaluated differently, the time it takes to settle varies. Minor injury cases that do not involve any questions about who caused the accident usually settle faster than claims involving more serious injuries or questions about who caused the accident.
This article is a part of our Motor Vehicle Accident Claims Guide which is designed to help you navigate the process of making a motor vehicle claim where you may require a motor vehicle or car accident lawyer.
Need help getting your life back on track?
You’ve come to the right place.
We can help you make a claim for an event, incident or accident – that happened anywhere in Queensland. We have offices on the Sunshine Coast, Brisbane, Gold Coast and Cairns, and offer video appointments for other regions.
If you have been involved in an accident, you may be entitled to make a CTP compensation claim. We will meet with you and establish whether you can make a claim. We’ll also explain your rights, any time limits and the process. This service is cost and obligation-free. Get in touch to find out how we can assist by clicking here.
What damages can I claim after a car accident?
The amount of compensation you can receive for a car accident is determined by the facts of your case and the losses you have incurred. Every case is different.
Types of damages from motor vehicle accidents
These are some common damages in personal injury cases. Keep in mind that this list is not exhaustive, and you can claim compensation for virtually any accident-related expense.
Many different things could have happened to you as a result of your car accident that may have altered your life.
Medical Expenses
If you have been injured in a motor vehicle accident, you can have the cost of medical expenses covered. Medical is an expense that is calculated through your medical bills.
This includes:
- Hospitalisation costs
- Surgery cost
- Ambulance cost
- Car rides to and from the hospital
- Multiple doctor visits
- Medical device costs
- Any other medical treatment needed
- At-home care costs
- Prescription and over the counter medication
- Therapy and rehabilitation treatment expenses
- Any other medical expenses incurred
Lost income and wages from the inability to work
If the motor vehicle accident you have been involved in prevents you from working, you can get compensation for lost earnings as well as the limitations to your future earnings.
Sometimes a car accident leaves people who have been injured unable to work at all or in a circumstance where they can no longer do the same job.
You may receive compensation to account for the job change if you need to take a lower-paying job or re-train.
Property damage – car accident damage
Property damage claim is separate from a personal injury claim and cannot be claimed for under a CTP claim. You can however claim from property damage to your vehicle if your it has been damaged in an accident. The cost of repairs or replacement vehicle can be claimed against the driver at fault personally or against their comprehensive insurer. If you are unable to drive the car due to the accident and need to take taxis, public transportation or use any other service to get around, you may also be able to recover these expenses. To claim for the costs of repair or replacement of your vehicle or any other associated travel expense, you will need to provide receipts and/or quotes as evidence of your losses.
Pain and suffering from your car accident
Pain and suffering can occur from your motor vehicle accident. You may claim compensation for the following:
- Physical body pain
- Mental pain
- Loss of enjoyment in life
- Disability
- Loss of consortium
This list can depend on your case and what other pain the motor vehicle accident has caused you.
Funeral
If a loved one has died in a motor vehicle accident, you may be able to recover damages from a death lawsuit.
Any of the expenses mentioned above, as well as any costs related to your loved one’s death, could be recovered in a wrongful death lawsuit, including:
- Expenses for the funeral
- The price of a burial
- Financial and emotional help
- Loss of direction
- Income or savings capacity lost
Damages for punishment
The judge might give you punitive damages if the at-fault party in the motor vehicle accident was severely negligent. These are additional damages intended to punish the irresponsible party in severe circumstances and deter others from acting carelessly in the future.
Punitive damages may be subject to a cap in your state. If these caps apply to your case, a car accident lawyer can explain them.
How to collect damages for a motor vehicle accident?
To collect damages and claim compensation from a car accident, you must typically show the following:
- The other party owed you a duty of care
- The other party failed to fulfil their duty of care
- The accident was caused by the other party’s breach
- Your injuries and financial losses were as a result of the accident
If you can prove these points, you can prove that the other party is negligent.
A personal injury lawyer can assist you in this process by gathering all relevant information in your case, including evidence to assess your damages, such as:
- Medical bills
- Pay slips
- Police reports
- Family and friends testimony
- Employer testimony
- Eyewitness testimony
This article is a part of our Motor Vehicle Accident Claims Guide which is designed to help you navigate the process of making a motor vehicle claim where you may require a motor vehicle or car accident lawyer.
Need help getting your life back on track?
You’ve come to the right place.
We can help you make a claim for an event, incident or accident – that happened anywhere in Queensland. We have offices on the Sunshine Coast, Brisbane, Gold Coast and Cairns, and video calls available for other regions. We are personal injury lawyers that are ready to help you.
If you have been injured in a car accident, you may be entitled to claim compensation. We will meet with you and establish whether you can make a claim. We’ll also explain your rights, any time limits and the process. We offer initial advice free of charge and with no obligation to progress. Get in touch to find out how we can assist here.
How long do you have to make a CTP car accident claim?
CTP insurance claims in Queensland
CTP (comprehensive third party) insurance claims in Queensland have very strict deadlines and if you miss these time lines, you may not be able to claim for compensation.
You have one (1) month from when you first consulted a lawyer about the possibility of making a claim or nine (9) months from the date of accident, whichever is the earliest, to lodge a Notice of Accident Claim form on the insurer for the vehicle at fault. If the Notice of Accident Claim form is not lodged within this time, you must provide a reasonable excuse for the delay.
If the accident was cause by an unidentified or uninsured vehicle the Notice of Accident Claim form must be lodge on the Nominal Defendant. If the Notice of Accident Claim form is not lodged within nine (9) months of the date of the accident, your claim for compensation will be statute barred and will not be able to claim compensation for your injuries.
If you are unable to resolve your claim with the relevant insurer, you must commence proceedings in Court within three (3) years of the date of the accident.
When can you file a CTP insurance claim?
You should file your CTP claim as soon as possible after your accident.
You must provide a CTP medical certificate with your Notice of Accident Claim form and a certified copy of your photographic identification.
Once you have filed your Notice of Accident Claim, the insurer has 14 days to respond to you and advise whether the Notice has been correctly completed. Once your claim has been lodged, the insurer may start paying for your reasonable and appropriate medical and rehabilitation costs. They may also reimburse you for any out-of-pocket expenses that you have incurred.
This article is a part of our Motor Vehicle Accident Claims Guide which is designed to help you navigate the process of making a motor vehicle claim where you may require a motor vehicle or car accident lawyer.
Need help getting your life back on track?
You’ve come to the right place.
We can help you make a claim for an event, incident or accident – that happened anywhere in Queensland. We have offices on the Sunshine Coast, Brisbane and the Gold Coast, and visit other regions. We are personal injury lawyers that are ready to help you with your insurance policy and the claims process.
If you have been involved in a car accident, you may be entitled to make a claim for compensation for the injury. We are professionals in personal injury law and we will meet with you and establish whether you can make a claim. We’ll also explain your rights, any time limits and the process. Get in touch to find out how we can assist here.
Will I have to go to court for a car accident claim and if so what is the process?
When will you go to court for a car accident?
If you’re unable to resolve your car accident dispute, it is possible that you make end up in court. There are opportunities to settle your dispute outside of court and most claims are settled without the need to go to court or have a trial.
If you do not agree with the insurer’s settlement or liability is disputed you may have to take your case to court. However, this is very rare.
If this happens, it’s usually in your best interests to seek legal guidance.
Which Court?
The amount of your claim will determine which Court you file your claim in.
In QLD, claims over $150,000 are filed in the District Court and claims over $750,000 are filed in the Supreme Court.
Someone owes you money from property damage caused to your vehicle
If you have been in a car accident that is not your fault and your vehicle is damaged, you may make a claim against the individual who caused the damage. If the person has insurance, their insure will pay for the cost of repairs however, if they do not have insurance or if the insurer refuses to pay for the repairs, you may need to lodge a claim.
If they damage to your vehicle is less than $25,000 (excluding interest) you can bring your claim in the Queensland Civil and Administrative Tribunal (QCAT). If the value of the damages is greater than $25,000 you would have to file your claim in court.
You need to consider if it is worth it or not to start a court case for your car accident. If you are claiming high amounts of money, you might want to consider getting legal advice first.
Should you go to court for your car accident claim?
A judgement from the court can help you receive the money that you are claiming from your motor vehicle accident, however, the court will cost your time and money and the outcomes can be unpredictable.
Some questions to ask yourself:
- Can you find the other party in the car accident? You need their information to start a court case.
- Are you within the time limits for starting a car accident case? Time limits vary from state to state.
- Is there a relation to the state? Depending on what state you are in, your claim must have someone involved with the state. I.e the motor vehicle accident happened in that state.
- Do you have evidence to prove your claim? I.e. statements, photos, statements, police reports, documentation related to the car accident, etc.
- Do you have a lawyer?
- Do you have time to go to court?
- Can you afford it?
- Will you get your car accident claim if you win?
There are many things to weigh in when deciding to go to court for a case of your car accident. Depending on how severe your car accident was and what claim the compensation you are determined to get can definitely make up your decision.
You owe someone money after a car accident
If you are at fault in a car accident, and someone is chasing you down for damages and losses, and starting a case against you, you need to understand and know what to do in regards to the court case.
If you are being chased for high amounts of money, you should seek legal advice.
This article is a part of our Motor Vehicle Accident Claims Guide which is designed to help you navigate the process of making a motor vehicle claim where you may require a motor vehicle or car accident lawyer.
Need help getting your life back on track?
You’ve come to the right place.
We can help you make a claim for an event, incident or accident – that happened anywhere in Queensland. We have offices on the Sunshine Coast, Brisbane and the Gold Coast, and visit other regions. We are personal injury lawyers that are ready to help you with your insurance policy and the claims process.
If you have been involved in a car accident, you may be entitled to make a claim for compensation for the injury. We are professionals in personal injury law and we will meet with you and establish whether you can make a claim. We’ll also explain your rights, any time limits and the process. Get in touch to find out how we can assist here.
What are the average CTP Payout amounts?
If you’ve been injured in a motor vehicle accident and have had to pay for medical care or take time off work to heal, you’re probably entitled to compensation. Whether it be minor injuries, serious injuries, medical treatment, or other damages that have occurred from a motor vehicle accident.
If you have filed a CTP (Compulsory Third Party) claim, you might be wondering what the average payout amounts are.
Making your motor vehicle compensation claim successful
You must make your motor vehicle accident claim is submitted on time (within the time frame limits), which vary in each state. In Queensland you have one (1) month from when you first consulted a lawyer about the possibility of making a claim or nine (9) months from the date of accident, whichever is the earliest, to lodge a Notice of Accident Claim form on the insurer for the vehicle at fault. If the Notice of Accident Claim form is not lodged within this time, you must provide a reasonable excuse for the delay.
If the accident was cause by an unidentified or uninsured vehicle the Notice of Accident Claim form must be lodge on the Nominal Defendant. If the Notice of Accident Claim form is not lodged within nine (9) months of the date of the accident, your claim for compensation will be statute barred and will not be able to claim compensation for your injuries.
If you are unable to resolve your claim with the relevant insurer, you must commence proceedings in Court within three (3) years of the date of the accident.
You must provide all the required documents and forms needed to make the claim. Provide all the evidence you need to prove the expenses you might claim, including copies of receipts. This can even include treatment for minor injuries and medicine. A car accident can involve a lot of documentation and you want to make sure it is all on your claim to receive compensation.
Make sure that all the injuries from the car accident are assessed thoroughly. Make sure that you see how extreme the injury is and if it will cause you future mishaps and long term pain and suffering.
By doing these steps, you can ensure that your claim is processed correctly and efficiently.
How is your motor vehicle compensation payout determined?
Compensation amounts for injuries are calculated differently in each state. In Queensland, you are able to make various claims, including:
- Pain and suffering (this is also called general damages);
- Past and future loss of wages as a result of your injuries;
- Reimbursement for any out-of-pocket expenses;
- All future medical and rehabilitation treatment;
- Past and future superannuation; and
- Depending on how severe your injury is from the motor vehicle accident, you may be able to claim for past and future care and assistance.
Although you can file your own motor vehicle accident claim you might want to seek legal advice. By having the assistance of a specialised personal injury lawyer with a proven track record you will know your rights and potential to claim compensation to reach the best possible outcome.
This article is a part of our Motor Vehicle Accident Claims Guide which is designed to help you navigate the process of making a motor vehicle claim where you may require a motor vehicle or car accident lawyer.
Need help getting your life back on track?
You’ve come to the right place.
We can help you make a claim for an event, incident or accident – that happened anywhere in Queensland. We have offices on the Sunshine Coast, Brisbane, Gold Coast and Cairns. We are personal injury law experts that are ready to help you with understanding your CTP insurance and the CTP claims process.
If you have been injured in a car accident, you may be entitled to make a claim for compensation. We are experts in personal injury law and we will meet with you and establish whether you can make a claim. We’ll also explain your rights, any time limits and the process. There’s no cost involved in these initial conversations, we’re here to help. Get in touch to find out how we can assist here.
