The following legislation applies to Compulsory Third Party (CTP) insurance claims in Queensland.
Access the legislation by clicking on the links below:
- Motor Accident Insurance Act 1994
- Motor Accident Insurance Regulation 2018
- Civil Liability Act 2003
- Civil Liability Regulation 2025
- Uniform Civil Procedure Rules 1999 (Qld)
- Transport Operations (Road Use Management) Act 1995
The Civil Liability Act 2003 applies to accidents in Queensland occurring on or after 2 December 2002. The Civil Liability Act 2003 operates, and should be read with, the Motor Accident Insurance Act 1994.
The Civil Liability Act 2003 affects the type of claims that can be made as well as limiting some of the compensation that can be claimed. See Chapter 3 – Assessment of damages for personal injury of the Civil Liability Act 2003.
For further information on how the Civil Liability Act 2003 affects your claim, contact the CTP insurer involved or your solicitor (if you are legally represented).
Indexation of monetary amounts
Certain monetary amounts under the Motor Accident Insurance Act 1994 are indexed on an annual basis, including the declared costs limits, lower offer limits and upper offer limits.
The amounts are fixed via Ministerial notice, available as follows:
- Motor Accident Insurance Indexation Notice 2024 (contains the 2024-25 indexed amounts and the historic amounts previously prescribed by regulation)
- Motor Accident Insurance Indexation Notice 2025 (contains the indexed monetary amounts for injuries sustained during 2025-26)
- Motor Accident Insurance Indexation Notice 2026 (contains the indexed monetary amounts for injuries sustained during 2026-27)
The following table provides a consolidated overview of historic and current monetary amounts applying to injuries sustained during each financial year to support ease of use
| Period (dates inclusive) | Declared costs limit ($) | Lower offer limit ($) | Upper offer limit ($) |
|---|---|---|---|
| 2 December 2002 to 30 June 2010 | 2,500 | 30,000 | 50,000 |
| 1 July 2010 to 30 June 2011 | 2,950 | 35,340 | 58,900 |
| 1 July 2011 to 30 June 2012 | 3,040 | 36,400 | 60,670 |
| 1 July 2012 to 30 June 2013 | 3,210 | 38,390 | 63,990 |
| 1 July 2013 to 30 June 2014 | 3,380 | 40,460 | 67,450 |
| 1 July 2014 to 30 June 2015 | 3,510 | 41,990 | 70,010 |
| 1 July 2015 to 30 June 2017 | 3,600 | 43,020 | 71,730 |
| 1 July 2017 to 30 June 2018 | 3,690 | 44,070 | 73,490 |
| 1 July 2018 to 30 June 2019 | 3,800 | 45,430 | 75,750 |
| 1 July 2019 to 30 June 2020 | 3,910 | 46,800 | 78,040 |
| 1 July 2020 to 30 June 2021 | 4,000 | 47,850 | 79,790 |
| 1 July 2021 to 30 June 2022 | 4,020 | 48,030 | 80,090 |
| 1 July 2022 to 30 June 2023 | 4,160 | 49,700 | 82,870 |
| 1 July 2023 to 30 June 2024 | 4,380 | 52,350 | 87,300 |
| 1 July 2024 to 30 June 2025 | 4,590 | 54,850 | 91,460 |
| 1 July 2025 to 30 June 2026 | 4,860 | 58,090 | 96,870 |
| 1 July 2026 to 30 June 2027 | 4,960 | 59,300 | 98,890 |
For monetary amounts under the Civil Liability Act 2003, please see:
- Civil Liability Indexation Notice 2024 (contains the 2024-25 indexed amounts and the historic amounts previously prescribed by regulation)
- Civil Liability Indexation Notice 2025 (contains the indexed monetary amounts for 2025-26)
- Civil Liability Indexation Notice 2026 (contains the indexed monetary amounts for 2026-27)
Claims involving children (under 18 years)
A Notice of Accident Claim Form may be lodged on behalf of a minor (child under 18 years of age) who is injured in a motor vehicle accident. This is usually done by a parent or guardian acting for the child.
The Motor Accident Insurance Act 1994 assumes legal capacity to sign and certify documents, which a minor lacks, so the adult acts in a representative capacity. A minor cannot conduct a claim personally, but the cause of action still belongs to the child and the adult is simply acting procedurally on their behalf.
Once court proceedings are issued, the Uniform Civil Procedure Rules 1999 (Qld) governs how they are conducted. A person under 18 is a “person under a legal incapacity” and court proceedings must be managed by a “litigation guardian”. A litigation guardian is appointed by either written consent or court order if needed. A litigation guardian must be an adult, have no interest adverse to the child and is typically a parent or legal guardian. A litigation guardian cannot settle without the court or Public Trustee agreeing to the terms of settlement, so supervision is required in these types of claims.
For more information see FAQs.
Reporting of traffic incidents and issuing of police reports
If you intend to make a motor vehicle accident claim, it is important that the accident has been reported to police.
Under Queensland law, drivers are required to report any traffic accident involving injury or death to police. This obligation exists under the Transport Operations (Road Use Management) Act 1995.
Sometimes, accidents are not reported by the driver as required. In those circumstances, a person who may wish to make a claim still has a responsibility to ensure police are notified. This is reflected in section 34 of the Motor Accident Insurance Act 1994.
The form approved by MAIC, the Report of Traffic Incident to Police Form, is designed for potential claimants, not drivers. It allows an accident to be reported to police where the driver has failed to do so.
This form does not replace the driver’s legal obligation to report an injury-related accident. That responsibility has always rested with the driver or owner of the vehicle and has not been changed by the Motor Accident Insurance Act 1994.
Further information
Online searches for the complete range of Queensland Government legislation may be conducted at the Queensland legislation website.
Legislation is available in Portable Document Format (PDF). Adobe Acrobat Reader is required to open and print PDF files and is free to download at the ‘Get Adobe Reader’ website.
For additional information or assistance, please contact us