Queensland’s 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 (Qld) to offer CTP insurance.
Insurer obligations
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. Insurers must comply with their obligations under the Motor Accident Insurance Act 1994 (Qld), the Motor Accident Insurance Regulation 2018 (Qld) and are parties to the industry deed located in Schedule 4 of the Motor Accident Insurance Regulation 2018 (Qld).
Facilitating rehabilitation
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 CTP insurers
MAIC has developed the Rehabilitation standards for CTP insurers (PDF, 302KB) 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”.
The Guideline for CTP insurers: Reasonable and appropriate rehabilitation and treatment (PDF, 137KB) was developed as a practical 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 timeframes in the decision-making process.
The Guideline for CTP Insurers: Contacting legally represented claimants for rehabilitation and treatment (PDF, 117KB) has been developed to assist insurers when contacting legally represented claimants regarding the provision, establishment, and review of reasonable and appropriate rehabilitation and treatment. It provides a framework for promoting and encouraging the rehabilitation of claimants and early intervention and outlines the limited circumstance upon which direct claimant contact may be made.
View our webpage on Rehabilitation standards and guidelines for more information.