Queensland’s four licensed insurers play an important role for Queensland, covering motor vehicle owners, drivers and passengers for their unlimited liability for personal injury caused in the event of a road traffic crash. Insurers are licensed under the Motor Accident Insurance Act 1994 to offer CTP insurance.
In general, insurers must accept all new business, must work to resolve claims as efficiently as possible, must ensure the arrangement of reasonable and appropriate rehabilitation for injured people and they must share information. The industry deed, detailed in the Motor Accident Insurance Regulation 2004 outlines the insurers’ obligations in full.
Queensland operates a common law ‘fault’ based compulsory third party (CTP) scheme. Once a CTP insurer admits liability on a claim or agrees to fund a claimant’s rehabilitation without admitting liability, the CTP insurer must, at the claimant’s request, ensure that reasonable and appropriate rehabilitation services are made available to the claimant.
While insurers have a role to facilitate the rehabilitation process, not all claimants will need rehabilitation. Rehabilitation providers are responsible for delivering evidence-based and outcome-focused intervention for injured claimants at a reasonable cost to the scheme.
To achieve optimal rehabilitation outcomes, effective communication and cooperation is essential between claimants, medical and rehabilitation providers, CTP insurers and legal representatives.
Rehabilitation standards for insurers
MAIC has developed the Rehabilitation standards for insurers in consultation with insurers and health professionals to meet one of the key objectives of the Motor Accident Insurance Act 1994 – “to promote and encourage, as far as practicable, the rehabilitation of claimants who sustain personal injury because of motor vehicle accidents”.
Rehabilitation Decision Making Tool
The Rehabilitation Decision Making Tool has been developed as a guide to assist insurers in making decisions on funding reasonable and appropriate rehabilitation. It includes factors to consider and a flow chart that details key steps and time frames in the decision making process.