Who can make a claim
Any person who is injured in a motor vehicle accident in Queensland due to the fault (total or partial) of the driver, owner or other person indemnified under the policy of insurance may make a Compulsory Third Party (CTP) claim under the Queensland legislation.
You can still make a CTP claim if you were partly at fault, but compensation entitlement may be reduced.
There may be times when an injured person cannot claim compensation, for example:
- if the injured person was totally at fault;
- no-one was at fault; or
- the person at fault was not the owner or driver of a motor vehicle or another person indemnified under the policy of insurance.
If you are unable to claim compensation you will need to rely on sick leave, social security, Medicare and the public health system unless you have other personal accident insurance and/or private health insurance. Insurers may offer limited additional benefits of at-fault driver cover for serious injuries or death. (Contact each insurer for details on policy coverage and exclusions.)
A CTP claim can also be made, if negligence can be established, by a relative/dependant for loss resulting from a person fatally injured in a motor vehicle accident. A claim can also be made by a person who suffers financial loss as a result of a person being injured in a motor vehicle accident.
What can be claimed
The compensation paid to you, the injured party, will depend on the type and extent of the injuries sustained in the accident and your circumstances at the time. The compensation you are entitled to may be reduced if you were partially at fault.
Your claim could include the cost of medical treatment, rehabilitation, loss of income and long term care.
Limits may apply with respect to loss of income - the upper limit being three times average weekly earnings per week. There are also limits which apply in certain circumstances regarding the payment of legal costs.
There are severe penalties associated with attempting to defraud a CTP Insurer including providing information and documents that are false and misleading. Penalties for such offences can result in fines of up to $44,000 or imprisonment for up to 18 months.
Undetected fraudulent claims add to the cost of CTP Insurance which must be paid by all Queensland motorists when renewing their motor vehicle registration. Reporting fraudulent claims can help to reduce these costs.
If you know someone who has a Queensland CTP claim and is exaggerating their injuries or being untruthful about their claim, you can report this information to the Motor Accident Insurance Commission CTP Helpline on 1300 302 568. (Information can be provided anonymously).
Last reviewed 11 December 2012