Like other states and territories in Australia, Queensland has a compulsory third party (CTP) scheme that provides compensation if you’ve been in an accident. Unlike some other states, this type of insurance remains an at-fault scheme in Queensland, meaning that it will not provide compensation should a person be 100 per cent responsible for an accident. In other circumstances, a CTP claim can cover the costs of compensation if you injure or kill someone in a road accident, and cover the personal injuries of those injured in the incident, even when they may be partly at fault.

Compensation for loss of wages because you can’t work now or in the future, the costs of medical treatment, rehabilitation, care and support services, and possible damages for pain and suffering, are all possible as part of a CTP claim.

Lost superannuation benefits and the costs of legal representation can also be part of a CTP claim.

What is the claims process?

It’s important to first identify the CTP insurer of the registered owner of the vehicle involved in the accident.

There are four licensed CTP insurers in Queensland – AAI Limited (trading as Suncorp Insurance), Allianz Australia Insurance Limited, QBE Insurance (Australia) Limited and RACQ Insurance Ltd.

If you’re unable to find the driver’s CTP insurer, ask a legal representative, who has other means of discovering this information. Otherwise, you need to apply to Queensland’s Department of Transport and Main Roads for a paid search, using the registration details of the vehicle.

After the accident, the first step is to prepare and lodge a Notice of Accident Claim Form with the CTP Insurer within nine months of the accident. If a claim form is lodged outside of this timeframe it must be accompanied by a reasonable excuse for delay.

It’s important this form is completed properly. We can assist by preparing the claim form for you to ensure your rights are fully protected and to ensure it is completed correctly and advances your best interests.

The insurer must respond within 14 days after receiving the claim and at this point, an injured person can have their reasonable and appropriate rehabilitation expenses funded by the insurer if liability is admitted.

The insurer may take up to six months to make a decision on liability for the accident in relation to your claim. It may request further information from you at this stage.

Medical examinations, including by a practitioner of the insurer’s choosing, will generally take place around 12 months post-accident or when your injuries are deemed ‘stable and stationary’ in order to verify and confirm the injury that is the basis of the claim. A compulsory conference to discuss the case then takes place, at which a settlement may be negotiated. If necessary, court proceedings will follow to determine the claim.

A lump sum settlement is ‘once and for all’ – meaning, any further amount in relation to the injury cannot be claimed.

The importance of legal representation

While some people choose to represent themselves in CTP claims against insurers, thinking they will save themselves money, statistics prove otherwise.

Figures from the Motor Accident Insurance Commission showed that people who self-represent achieve an average settlement of under $10,000, while those represented by an experienced personal injury lawyer average $90,000 pay-out.

It should be noted that a claim needs to be commenced within one month of an injured person consulting a lawyer about the claim.

At Lifestyle Injury Lawyers, we are experts in CTP insurance claims. We can help you gather the vital, necessary evidence and information around the accident, make sure you are clear about your rights and obligations through the claims process, what you can claim for, when you need to claim by and how any pre-existing injuries or conditions can affect your claims.

Call us Personal Injury Lawyers today for an initial consultation about your CTP claim.