DraftThis guide has not been reviewed by a lawyer yet. It is general information about Queensland law, not legal advice.
The short version
- If you were hurt in a road accident in Queensland that another driver caused, you may be able to claim through CTP insurance.
- Get medical care first. Then collect details of the vehicles and drivers, and report the crash to police where needed.
- A claim starts with a Notice of Accident Claim form, sent to the at-fault vehicle's CTP insurer.
- The time limit is strict: usually 9 months from the accident, or less if you see a lawyer.
What this usually means
If you were hurt in a road accident in Queensland and another driver caused it, fully or partly, you may be able to make a claim on Compulsory Third Party (CTP) insurance. Every registered vehicle in Queensland has CTP cover.
A CTP claim can cover reasonable and appropriate medical treatment and rehabilitation, lost income, general damages for pain and loss of enjoyment of life (for injuries serious enough), and some legal costs. It does not cover damage to vehicles or property. If someone has died in a road accident, family members may be able to claim funeral costs and support.
You claim against the CTP insurer of the vehicle that may have caused the accident. If you were partly at fault you can still claim, but the amount may be reduced.
The Motor Accident Insurance Commission (MAIC) regulates the scheme. Queensland also has a no-fault scheme for serious lifetime injuries from road crashes, the National Injury Insurance Scheme Queensland (NIISQ).
This is general information. How much a claim might be worth, if anything, depends on your injury and what happened.
What you can do now
- Get medical care. See a doctor even if you feel fine. Some injuries show up later. Records help your claim.
- Note the details. Get the other vehicle's registration, the driver's name, the date, place and any witnesses. Take photos if you can do so safely.
- Report the crash to police where needed. MAIC's checklist says when a police report form is required.
- Find the CTP insurer. MAIC has a tool that finds a vehicle's insurer from its registration number. If you cannot identify the vehicle, the claim goes to the Nominal Defendant.
- Start the Notice of Accident Claim form. It must be printed, signed in front of an eligible witness and sent with supporting documents, including a medical certificate. MAIC has a pre-claim checklist. You can lodge a claim even if some information is missing, but it is not complete until the rest is in.
- Keep records. Receipts, medical bills, time off work and every letter from the insurer.
Many people find the form the hardest part. You do not have to do it perfectly the first time. Lodge what you can within the time limit, then send the rest as soon as you have it. If you have a lawyer, they must complete a Law Practice Certificate with the form. If you do not have a lawyer, you can ignore that part.
If the accident happened outside Queensland and a Queensland registered vehicle may be at fault, the process is slightly different. Contact the CTP authority in that state or territory, and the claim is still managed by the Queensland insurer.
Time limits
The Notice of Accident Claim must be lodged by the earliest of:
- 9 months after the accident, or after symptoms first appeared if your injuries were not obvious straight away; or
- 1 month after your first meeting with a lawyer, if you engaged one to handle the claim.
If the vehicle that hit you cannot be identified, the Notice of Accident Claim must be lodged within 3 months of the accident.
If you are late, the form has a section to explain the delay. The insurer decides whether it accepts your reason. A claim lodged outside the time limits may be rejected, so do not wait.
For children, different timeframes apply. Court proceedings generally cannot be started until the child turns 18, and then there is further time.
Separately, court proceedings for personal injury generally must be started within 3 years of the accident. That is a different limit from the notice deadline.
If it goes further
After you lodge a complete claim, the insurer assesses it, may ask for more information and may arrange medical assessments. Most claims settle with the insurer. If you and the insurer cannot agree, there are steps before court, including a conference. A court case is a last step and has its own limits. MAIC publishes standards for how insurers should treat claimants who do not have a lawyer.
Questions to ask whoever helps you
- Which insurer is my claim against, and am I inside the time limit?
- Do I need a police report or other document for my claim?
- What treatment and costs can the insurer cover while the claim is assessed?
- If I was partly at fault, how might that affect my claim?
- What are the costs of using a lawyer, and who pays them?
Good questions
What if I caused the crash, or no one did?
CTP claims are generally for accidents caused fully or partly by another driver. If you were partly at fault you can still claim, but the amount may be reduced. If you were totally at fault, or no one was at fault, a CTP claim is unlikely to be accepted.
What if the other driver left, or the vehicle was not insured?
You may still be able to claim against the Nominal Defendant, which acts as the insurer for unidentified or uninsured vehicles. You need to make a genuine attempt to identify the vehicle first, and a shorter time limit applies.
Does CTP pay for my car?
No. CTP insurance does not cover damage to vehicles or property. That is covered by other insurance, such as comprehensive car insurance.
Do I need a lawyer?
No. You can claim without one, and MAIC has information for people who do not have a lawyer. Some people prefer help. Ask about costs before you agree to anything.
Words you might hear
- CTP insurance
- Compulsory Third Party insurance. It is included in vehicle registration in Queensland and pays for injuries to other people that the driver causes.
- Notice of Accident Claim
- The form that starts a CTP claim. It goes to the CTP insurer of the vehicle that may have caused the accident.
- Nominal Defendant
- The body that acts as the insurer when the at-fault vehicle is uninsured or cannot be identified.
Where this comes from
- Who can claim?, Motor Accident Insurance Commission
- Claim forms and information, Motor Accident Insurance Commission
- Accident and injury: time limits for bringing actions, Queensland Law Handbook