CTP Claim Lawyers
Queensland compensation lawyers acting for drivers, passengers, motorcycle and pillion riders, cyclists, scooter riders and pedestrians in CTP claims across the state.
If you have been injured in a motor vehicle accident in Queensland, you most likely have questions about what happens next. Can you claim if the accident wasn’t entirely your fault? How will you cover lost income while you recover?
Who Can Make a CTP Claim in Queensland
We act for people injured on Queensland roads where another road user’s negligence caused or materially contributed to the injury. That includes drivers, passengers, motorcyclists and pillion riders, cyclists, scooter riders and pedestrians, across accidents involving cars, motorcycles, buses, trucks and quad bikes.
Every registered Queensland vehicle carries Compulsory Third Party (CTP) insurance. A CTP claim is made against the CTP insurer of the vehicle at fault, not against your own policy. The scheme is governed by the Motor Accident Insurance Act 1994 (Qld) (MAIA) and covers injuries to people, not damage to vehicles or other property. You may still have a claim if you were partly at fault, although compensation may be reduced for what the law calls “contributory negligence”.
Negligence in a CTP claim is a specific legal test, not a general label for fault. Four elements typically need to be present: a duty of care owed by one road user to another, a breach of that duty, a causal link between the breach and the harm, and damage the law recognises. Whether negligence exists in your situation is a case-specific assessment by an experienced compensation lawyer.
A CTP claim is not only about the final settlement. Once a CTP insurer has admitted liability for the circumstances of the accident, they are obliged to pay “reasonable and appropriate” medical and rehabilitation expenses during the course of your claim. Where you are entitled to rehabilitation funding, we liaise with the insurer to have your expenses reimbursed and funding arrangements put in place with your treatment providers. The aim is to take the stress away and help you get back on your feet – and make sure the insurer funds what they are entitled to pay for to give you the best chance of recovery.
Queensland time limits are strict, and the claim window is often shorter than people expect. The Notice of Accident Claim Form that starts a CTP claim has its own deadlines well inside the general three-year limitation period, and the clock keeps ticking once you first speak with a lawyer. We review the applicable timeframes at the start of every claim. That review matters most if some time has passed since the accident, if you have been dealing with the insurer on your own, or if the vehicle at fault was unregistered or cannot be identified.
What Our CTP Claims Practice Covers
We run CTP damages claims for every category of road user the Queensland scheme protects, from drivers and passengers through to pedestrians. Our motor vehicle accidents service page covers the broader practice area.
Driver Injury Claims
Your claim as an injured driver is made against the CTP insurer of the vehicle at fault. We investigate liability, deal with the insurer on your behalf and obtain the medical and economic evidence your claim needs.
Passenger Injury Claims
Passengers are rarely responsible for the accident that injures them, which generally makes the liability question more straightforward. Whether you were injured in the at-fault vehicle or another vehicle, we identify the correct CTP insurer and run your damages claim from start to finish.
Motorcycle and Pillion Rider Claims
If you were injured riding a motorcycle or as a pillion passenger, you may claim against the at-fault vehicle’s CTP insurer. The same rights apply to riders as to any other road user. Riders may face arguments about contributory negligence, and your compensation lawyer responds to those arguments with evidence rather than assumptions.
Cyclist, Scooter Rider and Pedestrian Claims
Cyclists, e-scooter riders and pedestrians are amongst the most vulnerable people on Queensland roads. A collision with a motor vehicle may support a CTP claim even though you were not in a vehicle yourself, and we act for vulnerable road users across the state.
Hit and Run and Unregistered Vehicle Claims
Where the vehicle at fault cannot be identified or was unregistered, a claim may still be possible against the Nominal Defendant. That is the statutory body that responds in place of a CTP insurer. Much shorter timeframes apply to these claims, and extra investigations are required, so we move quickly to protect your position.
Serious and Catastrophic Injury Claims
Catastrophic injuries, such as severe brain or spinal cord injuries, may also engage the National Injury Insurance Scheme (NIISQ). The scheme can fund necessary and reasonable treatment, care and support on a no-fault basis. We advise on how NIISQ support interacts with a CTP damages claim.
Speak With a Queensland CTP Claims Expert
If you have been injured in a motor vehicle accident in Queensland, a free case review is the starting point. Our team includes Queensland’s largest group of QLS Accredited Specialists in Personal Injury Law, and from the first conversation through to resolution, you will be looked after by an experienced team of compensation experts.
How We Approach Your Claim
Initial Review
Your first conversation with us is a free case review. Your compensation lawyer will obtain and review any relevant documents, discuss your situation and the relevant claim process with you, and provide you with guidance as to what rights you may have.
Investigating and Lodging a Damages Claim
If another road user’s negligence caused or materially contributed to your injury and you choose to lodge a damages claim, we gather the medical, economic and liability evidence and lodge the Notice of Accident Claim Form (NOAC) with the CTP insurer of the vehicle at fault. Your compensation lawyer ensures that rehabilitation funding is obtained, runs the investigation, obtains expert reports, and quantifies your damages, which may include any past or future loss of income, superannuation, care needs, future costs and pain and suffering.
Resolving at Conference or Court
Before you can file a Claim in the Court, there are various pre-court steps to undertake, including participating in a compulsory settlement conference. Under the Motor Accident Insurance Act 1994 (Qld), the parties exchange mandatory final offers at that conference. We prepare, attend and negotiate for you. Where a fair resolution is not available at conference, we advise you on the prospects of court proceedings and run your claim until it has reached a resolution.
Our Fees
We act on CTP claims on a no win, no fee basis. You do not pay our professional fees unless your claim succeeds. Learn more about our Lower Fee Promise.
In Queensland, there is a 50 per cent cap on the share of a settlement that a law firm can take in professional fees and outlays combined. Our professional fees are charged on the Federal Court scale plus GST, and we self-impose a one-third cap for “peace of mind” and to ensure that you receive the “lion’s share” of any settlement sum.
What You Get When You Work With Us
We are a Queensland-dedicated compensation law firm. Every lawyer is an expert in Queensland schemes, and every office is in Queensland, in Brisbane, Sunshine Coast, Gold Coast, Cairns and Innisfail.
Our team includes Queensland’s largest group of QLS Accredited Specialists in Personal Injury Law. We act in personal injury and disability claims across every major Queensland compensation scheme, including CTP damages claims under the state’s motor accident scheme.
Travis Schultz & Partners was founded in 2018 by Travis Schultz, who has been awarded the Medal of the Order of Australia (OAM) for service to the legal profession and the community. Travis is a QLS Accredited Specialist in Personal Injury Law and has been ranked as Preeminent in Doyle’s Guide. Our fee structure sits below the Queensland legal profession cap under the Lower Fee Promise.
Frequently Asked Questions About CTP Claims in Queensland
Do I Need a Lawyer to Make a CTP Claim?
You may make a CTP claim without a lawyer. The Motor Accident Insurance Commission (MAIC) has issued guidelines that set minimum requirements for how insurers manage claims for unrepresented claimants. The insurer’s role is fundamentally different from that of a personal injury lawyer, though: the insurer is not there to provide legal advice or to advocate for you. We recommend that you seek legal advice or representation at any stage of your claim, and our guide to the MAIC guidelines explains each party’s role.
What Is the Time Limit for a CTP Claim in Queensland?
Several time limits apply. A Notice of Accident Claim Form generally needs to be given to the CTP insurer within nine months of the accident, or within one month of first consulting a lawyer about the claim, whichever is earlier (s 37 MAIA). Court proceedings are generally subject to a three-year limitation period under the Limitation of Actions Act 1974 (Qld). Whether a particular deadline has passed, paused or been extended turns on case-specific facts. We review the applicable dates as a first step in every free case review.
Can I Claim If I Was Partly at Fault?
You may still have a claim. Queensland’s CTP scheme allows claims where the injured person was partly responsible for the accident, although compensation may be reduced for contributory negligence. How any reduction applies depends on the circumstances and the evidence, so a free case review is the best starting point.
What Does a CTP Claim Lawyer Cost?
We act on CTP claims on a no win, no fee basis, which means you do not pay our professional fees unless your claim succeeds. We fund disbursements ourselves rather than using expensive litigation funders, and do not charge interest for the disbursements we carry over the course of the claim. If your claim resolves successfully, the CTP insurer may also be required to contribute towards your legal costs, normally an amount that represents 50 to 70% of the legal costs you incur.
What Does “Someone Else’s Negligence” Mean in a CTP Claim?
Negligence in a CTP claim is a specific legal test with four elements: a duty of care owed by one road user to another, a breach of that duty, harm caused by the breach, and damage the law recognises. The phrase “someone else’s negligence” is shorthand for that test, but whether it applies to your accident depends on the facts, including how the collision happened and what each road user did. An experienced compensation lawyer applies that test in a free case review.
Can I Rely on What an AI Tool Says About My CTP Claim?
AI tools can give you a general overview of the CTP scheme, but they cannot account for the case-specific facts that determine whether you have a viable claim or what it may be worth. AI commonly gets Queensland time limits wrong, often quoting the three-year limitation period without the nine-month claim form deadline that sits inside it, and quotes dollar figures that do not reflect individual circumstances. Treat AI as a starting point only, and have a compensation expert review your matter before acting on it.
What If the Vehicle That Hit Me Was Unregistered or Cannot Be Identified?
A claim may still be possible against the Nominal Defendant, the statutory body that responds to claims involving unregistered or unidentified vehicles. The timeframes are much shorter: a Notice of Accident Claim Form generally needs to reach the Nominal Defendant within three months of the accident, and additional steps are required to attempt to identify the vehicle. For an unidentified vehicle, the legislation does not allow a claim once nine months have passed. If this is your situation, getting advice early protects options that otherwise close quickly.
Will My CTP Claim Go to Court?
The vast majority of CTP claims are resolved before a trial. We prepare your claim for conference first, and where a fair resolution is not achievable there, we walk you through the merits of court proceedings before any decision is made. Most claims can be resolved within 6 to 24 months from when the accident occurred.
Where to Go From Here
If you have been injured in a motor vehicle accident in Queensland, the next step is a free case review. Your claim is run from the first conversation through to resolution by an experienced compensation lawyer, on a no win, no fee basis, with professional fees capped at one third of the settlement under our Lower Fee Promise. Our team includes Queensland’s largest group of QLS Accredited Specialists in Personal Injury Law, working from five offices across the state.
