The Motor Accident Insurance and Other Legislation Amendment Act 2019 commenced on 5 December 2019. This legislation made substantial amendments to the Motor Accident Insurance Act 1994 and the Motor Accident Insurance Regulation 2018. (You can view an up-to-date copy of our legislation online.)
Claimants now need to comply with the new requirements for Compulsory Third Party (CTP) insurance claims in Queensland, including completing new forms. The new Notice of Accident Claim Form contains an updated version of the Medical Certificate, a new Claimant Certificate, a new Law Practice Certificate and requires claimants who are aged 15 and over to provide a certified colour identity document.
Law Practice Certificates
A Law Practice Certificate (PDF, 252 KB) must now be completed at various stages of the claim.
This certificate requires legal practitioners to certify that they/their firm have not engaged in car crash scamming (‘claim farming’) activities in relation to the specific claim. Also, if the claim is a speculative claim, that the costs agreement complies with the new section 79 of the amending legislation and the ‘50/50 rule’ under section 347 of the Legal Profession Act 2007 (Qld).
Under the legislation introduced in December 2019, it is an offence not to complete this certificate as and when it is required. Failure to provide a Law Practice Certificate attracts a maximum penalty of 300 penalty units (currently $43,125 for an individual from 1 July 2022).
In addition to the penalties under the offences, if a law practice does not give a Law Practice Certificate as and when required, the law practice may need to refund, or may not be entitled to recover, fees and disbursements paid in connection with a claim.
To find out when a Law Practice Certificate is required, view our diagrams. For a legislative summary of when the Law Practice Certificate needs to be given, refer to Annexure 1 of the Explanatory Notes (PDF, 425 KB) of the Motor Accident Insurance and Other Legislation Amendment Bill 2019.
The Claimant Certificate (PDF, 75 KB) requires the claimant to state whether they are making the claim on their own initiative or if they were contacted by another person who solicited or induced them to make a CTP insurance claim. If the claimant has engaged a law practice to act on their behalf, they also need to advise whether they are aware of the law practice having given a fee, gift or benefit to another person for the referral of their claim to the law practice.
The claimant (if they are aged 15 and over) must provide to the CTP insurer a certified, colour copy of an identity document issued by a government which contains a colour photograph of the claimant (e.g. driver licence or passport) and which is current. This must be certified by a lawyer, notary public, Justice of the Peace or Commissioner for Declarations.
If the claimant does not have an identity document, they need to provide a colour passport sized photograph of themselves taken with the last 2 years. The photograph must be a full-face view of their head and shoulders and be of good quality. This photograph is required to be certified by a person who has known the claimant for at least 1 year. They must write on the back or below the photograph “This is a true photograph of [claimant name]” then write their full name, the date and sign below this statement.
Police accident report reference numbers
The Queensland Police Service uses a records management system called the Queensland Police Records and Information Management Exchange, or QPRIME. This system links all occurrences involving a particular individual, location or vehicle. Consequently, any motor vehicle accident reported to the police is allocated a police accident report reference number, replacing the previously issued Traffic Incident Number (TIN) or QPRIME occurrence number.
Reporting of traffic incidents and issuing of police reports
Pursuant to Section 34 of the Motor Accident Insurance Act 1994, a person proposing to make a motor vehicle accident claim also has a duty to ensure that appropriate notice of the accident has been given to a police officer.
There is a legal requirement under the Transport Operations (Road Use Management) Act 1995 on the driver of a motor vehicle to report to police any accident involving injury.
The form approved by MAIC, the Report of Traffic Incident to Police Form (PDF, 118KB) is not intended for use by drivers in fulfilling their duties under Section 93 of the Transport Operations (Road Use Management) Act 1995. Instead it provides a means for potential claimants to lodge an accident report where drivers have failed to comply with Section 93 to report the accident.
The obligation, to report to police incidents involving injury or death has always been with the driver/owner and in this regard Section 34 of the Motor Accident Insurance Act 1994 does not introduce any duty for a driver which did not previously exist under legislation.
Medico-legal assessment guidelines
View our guidelines for medico-legal assessments.