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 under the Motor Accident Insurance Act 1994, 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.
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 for claims arising from accidents occurring on or after 1 July 2000.
There are severe penalties for making false or misleading statements on your claim form or in any information you provide the insurer in respect of your claim.
Last reviewed 25 February 2013