If you are injured in a crash and wish to lodge a CTP insurance claim, but the crash is not yet reported:
- complete a Report of Traffic Incident to Police Form (PDF, 112KB) and take it to a police station
- report to a police station, not via Policelink, so that you get the information you need for your claim.
Learn more about how to make a claim.
Any person injured (or a relative or dependant of a person fatally injured) in a motor vehicle accident in Queensland due to the fault (total or partial) of the driver, owner or another person insured by the at-fault vehicle’s CTP insurer.
See Who can make a claim for more information.
No. CTP insurance only covers personal injury resulting from a motor vehicle accident.
If you were the driver totally ‘at fault’ for the accident you will be unable to make a CTP claim for compensation and will need to rely on sick leave, Centrelink benefits, Medicare and the public health system unless you have other insurance policies such as income protection or private health insurance.
CTP insurers may offer limited additional benefits of at-fault driver cover for serious injuries or death. Contact your insurer for details on policy coverage and exclusions.
If you have a serious eligible personal injury and your motor vehicle accident was after 1 July 2016, you may be able to access necessary and reasonable treatment, care and support through the National Injury Insurance Scheme Queensland (NIISQ).
The CTP insurer of the at-fault vehicle.
If the at-fault vehicle was registered in Queensland, you know the vehicle’s registration number and the date of the accident, you can identify online the CTP insurer where you can lodge your claim. If you’re lodging your claim online using our eNOAC, you will be able to search for the vehicle’s CTP insurer while completing the online form.
If the at-fault vehicle was registered in another state or territory, you will need to contact the relevant interstate authority for information on how to lodge your claim.
If you are unable to identify the CTP Insurer of the at-fault vehicle, please contact us for assistance.
No. The CTP Medical Certificate must be completed by a registered medical practitioner such as a GP or medical specialist.
No. Usually in Queensland, documents cannot be witnessed using e-signatures. However due to the COVID-19 pandemic, until 30 April 2021 your claim form can be signed electronically via video conference link before a special witness. Only a small group of special witnesses can witness statutory declarations by video. Please refer to this link for the list of special witnesses. This is due to the Justice Legislation (COVID-19 Emergency Response—Documents and Oaths) Regulation 2020 (Justice Regulation) and the COVID-19 Emergency Response and Other Legislation Amendment Act 2020. Please contact us, your lawyer or the CTP insurer for more information.
All claims for compensation are assessed individually. Your claim could include the cost of medical treatment, rehabilitation, loss of income, cost of care and support services and general damages (pain and suffering) if your injury is severe enough. See What can be claimed and How to settle your claim for more information.
All CTP claims are assessed individually and therefore vary in how long they take to settle. Claims involving minor injuries, where there are no issues about who caused the accident, usually settle more quickly than claims involving more severe injuries or uncertainty as to who caused the accident.
You do not need a lawyer to make a CTP claim. You can deal directly with the CTP insurer about your claim although if your claim is complex or in dispute, you may choose to seek independent advice.
See About legal advice for more information.
If the CTP insurer advises you that they will pay for your treatment and rehabilitation needs or the insurer accepts liability for the cause of the accident, the insurer will pay rehabilitation expenses provided they are:
- reasonable and appropriate,
- related to your injuries from the accident and
- are validated by original receipts.
Rehabilitation costs may cover physiotherapy, GP visits or return to work services.
Information is gathered by the CTP insurer to assist in determining the extent of your injuries, the treatment and rehabilitation you may require and to assess the level of compensation you may be entitled to receive.
Generally settlement of your CTP claim will occur when liability has been decided by the CTP insurer, your injuries are considered stable and the impact of the injuries is known.
See How to settle your claim for more information.
If a dispute about liability cannot be resolved through discussion with the CTP insurer or at a Compulsory Conference, you will have to take the matter to Court for resolution.
It will probably be in your interest to seek legal advice if this happens.
If you cannot complete all questions on your CTP claim form this may hold up your claim. You should make every attempt to try and obtain the information you don’t know.
This may include contacting the police officer(s) who attended the accident scene (or who you reported it to), talking to your comprehensive motor vehicle insurer (if you lodged a comprehensive motor vehicle claim) or speaking with the driver(s) of the other vehicle(s) involved in the accident.
If you cannot answer a question on your claim form, advise the CTP insurer why you can’t answer that question and what you have done to try to obtain this information.
If you have engaged a lawyer to act on your behalf in a CTP insurance claim, your lawyer must complete a Law Practice Certificate (PDF, 511KB) at various stages of the claim. These stages include when a claim is lodged, when a law practice sells a matter through the course of selling part of their practice and within seven (7) days of settlement (or judgment). The Law Practice Certificate must be provided on all claims which settle (or receive judgment) on or after 5 December 2019 regardless of when the claim commenced.
This certificate requires your lawyer to certify that they have not engaged in car crash scamming (also known as ‘claim farming’) to obtain your instructions and that they have complied with the requirements of the Motor Accident Insurance Act 1994. If your claim was speculative (which means that professional costs are only charged if the claim succeeds), they also need to confirm that their costs agreement for your claim complies with rules regarding the maximum amount they can charge you. Under the new legislation, it is an offence for the law practice not to complete the Law Practice Certificate when it is required.
To learn more about car crash scamming, read on or visit maic.qld.gov.au/hangup.
Every person who makes a CTP insurance claim is now required to complete a Claimant Certificate as part of lodging a Notice of Accident Claim Form.
The Claimant Certificate (PDF, 510KB) requires you to state:
- that you are making the claim on your own initiative
- whether you were contacted by another person who pressured or induced you into making a CTP insurance claim
- if you are legally represented, whether you are aware of anyone paying a fee (or giving a gift or other benefit) to another person for the referral of your claim to your law practice.
You have the right to engage a lawyer of your own choosing. Alternatively, you can decide to deal directly with the insurer about your claim. It is not acceptable for someone to pressure you or harass you into bringing a claim.
If you have been pressured into making a CTP insurance claim, please report them to us. If you are worried that your solicitor may have paid someone for your referral, you should contact the MAIC Enquiry Line on 1800 CTP QLD (1800 287 753) or email firstname.lastname@example.org.
If you would like a referral to a new lawyer in your area or an accredited specialist, you should contact the Queensland Law Society who can assist. Any concerns about the conduct of legal practitioners should be directed to the Legal Services Commission.
It is now illegal in Queensland for lawyers to pay a fee to a car crash scammer.
An estimated 1.5 million Queenslanders have been contacted by a car crash scammer. Car crash scammers (or ‘claim farmers’ as they are known in the insurance industry) contact unsuspecting people via phone, email or social media and pressure them (or their family members) into making a CTP insurance claim. These calls may originate from overseas or local call centres. Often, the call is disguised in such a way that it appears to be coming from a local or legitimate number to increase the likelihood of the call being answered. These scammers sometimes even pretend that they represent MAIC, an insurance company or another government organisation. They then trick you into sharing your personal information, which they sell on to law firms for a profit. Car crash scammers have been known to use aggressive tactics and target vulnerable Queenslanders. Severe penalties for car crash scamming have been introduced, including fines as high as $40,035.