If you are injured in a motor vehicle crash in Queensland due to the fault (total or partial) of the driver, owner or another person insured under a Compulsory Third Party (CTP) insurance policy you may make a CTP claim under the Queensland legislation. The claim is made against the CTP insurer of the vehicle that caused the crash. You can still make a CTP claim if you were partially at fault, but compensation may be reduced.
What if the vehicle was uninsured and unregistered?
If the vehicle that caused the crash was uninsured or was unable to be identified, you may still be able to claim. You should lodge your claim against the Nominal Defendant, who is taken to be a licensed insurer.
What if no one else was at 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.
Insurers may offer limited additional benefits for at fault driver cover for serious injuries or death. Contact your CTP insurer for details on policy coverage and exclusions.
If you have a catastrophic injury and your motor accident was after 1 July 2016, you may be able to access treatment, care and support through the new National Injury Insurance Scheme Queensland.
National Injury Insurance Scheme for the catastrophically injured
As Queensland’s CTP insurance is a fault-based scheme, almost half of all people who sustain serious personal injuries in a motor vehicle accident were not eligible to receive compensation. From 1 July 2016, people who sustain serious personal injuries in a motor vehicle accident in Queensland will be covered by the National Injury Insurance Scheme and receive necessary and reasonable treatment, care and support, regardless of fault.
You can make a CTP claim for loss or expenses:
- if you are a relative or dependent 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 $44,000 or imprisonment for up to 18 months.
Report fraud to the Enquiry Line on 1300 302 568
Undetected fraudulent claims add to the cost of CTP insurance paid by all Queensland motorists when renewing their motor vehicle registration. Reporting fraudulent claims can help to reduce these costs.
If you know someone who has a CTP claim and is exaggerating their injuries or being untruthful about their claim, report this information to MAIC through the Enquiry Line on 1300 302 568. (Information can be provided anonymously).