You may make a CTP insurance claim in Queensland’s scheme if you or your family are injured in a motor vehicle crash in Queensland that was the fault (completely or partially) of another vehicle owner or driver. Your claim is made against the CTP insurer of the vehicle that caused the crash. You can still make a CTP insurance claim if you were partially responsible for the crash, but your compensation amount may be reduced.
What if the vehicle was uninsured and unregistered?
If you cannot identify the vehicle that caused the crash, or if it was not registered or insured, you may still be able to claim. You should lodge your claim against the Nominal Defendant, who acts as the CTP insurer for vehicles that are uninsured or unidentified.
What if it was no one’s fault?
There may be times when an injured person cannot claim compensation, for example if:
- the injured person was totally at fault; or
- no-one was at fault.
If you are unable to claim compensation you 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.
If you have a serious personal injury and your motor accident occurred on or after 1 July 2016, you may be able to access treatment, care and support through the National Injury Insurance Scheme Queensland.
National Injury Insurance Scheme Queensland
Queensland’s CTP insurance scheme is complemented by the National Injury Insurance Scheme Queensland (NIISQ) which was established on 1 July 2016. NIISQ provides necessary and reasonable lifetime treatment, care and support to people who sustain eligible serious personal injuries in motor vehicle accidents on Queensland roads; regardless of who was at fault.
You can make a CTP insurance claim for loss or expenses:
- if you are a relative or dependant of a person who was fatally injured; and
- the motor vehicle crash was wholly or partly the fault of some other person.
There are severe penalties for fraudulent activities against a CTP insurer including providing information and documents that are false and misleading. Penalties for fraudulent activities can result in fines as high as 400 penalty units ($61,920 as at 1 July 2023) or 18 months’ imprisonment.
Undetected fraudulent claims add to the cost of CTP insurance that Queensland motorists pay when renewing their motor vehicle registration. Reporting fraudulent claims can help to reduce these costs.
If you know someone who has a CTP insurance claim and is exaggerating their injuries or being untruthful about their claim, contact us to report it. You can report information anonymously.
Car crash scamming
It is now illegal in Queensland for lawyers to pay a fee to 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) 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 $46,440 for an individual and $232,200 for a body corporate from 1 July 2023.