If you are a foreigner who got injured in a motor vehicle accident in Queensland, you may be eligible to claim compensation under the Compulsory Third Party insurance scheme. However, it is crucial that you consult with an experienced personal injury lawyer at Lifestyle Injury Lawyers as very strict time limits apply in these matters. Contact us today for a free, no-obligation consultation.

In this comprehensive article, we'll explore the relevant Queensland legislation, the CTP claim process, and the crucial steps to take following a motor vehicle accident (MVA) as an international visitor.

However, before we look into CTP, let us first consider the Civil Liability Act 2003. 

The Civil Liability Act 2003

This law provides the overarching legal framework that governs negligence and liability in the context of MVAs in Queensland. It establishes key principles and defences that can impact the ability of injured parties to recover compensation. This includes concepts like foreseeability of risk, reasonable precautions, and contributory negligence. Further, Part 2 of the Act allows the court to apportion liability between the parties. Therefore, consulting an experienced personal injury lawyer such as ours is advisable to fully understand how the Act applies in a specific MVA case.

Queensland's Compulsory Third Party (CTP) Insurance Scheme

Queensland, like other Australian states and territories, has a Compulsory Third Party (CTP) insurance scheme that provides compensation for personal injuries sustained in motor vehicle accidents. This scheme is governed by the Motor Accident Insurance Act 1994 and the Motor Accident Insurance Regulation 2018.

The CTP scheme is an "at-fault" system, which means that the injured party can only make a claim against the CTP insurance policy of the driver who was completely or partially at-fault in the accident. If the injured party was the at-fault driver, they generally cannot make a claim under the CTP scheme.

It's important to note that the CTP scheme in Queensland is separate from other insurance policies, such as comprehensive car insurance or travel insurance. Although CTP insurance covers personal injuries, it does not provide coverage for damage to vehicles or other property.

Eligibility for CTP Claims

Under the Queensland CTP scheme, a person injured in a motor vehicle accident can make a claim for compensation if the following criteria are met:

1. The accident occurred in Queensland.
   
   
2. The injured person was not the driver wholly or partially at-fault for the accident.
   
   
3. The injured person suffered personal injuries as a result of the accident.
   
   
4. The claim is lodged within the prescribed time frame, which is generally within nine months of the accident. A claim can be lodged outside this timeframe however, the claim must be accompanied by a reasonable excuse for delay.

Importantly, the CTP scheme in Queensland is open to both Queensland residents and international visitors. This means that a traveller from overseas who is injured in a car accident in Queensland can still make a CTP claim, provided they meet the eligibility criteria. However, if a person is fatally injured, their relative or dependant can seek compensation on their behalf.

The CTP Claim Process

If a traveller from overseas is injured in a car accident in Queensland, the CTP claim process typically involves the following steps:

1. Reporting the Accident: Report the accident to the police as soon as possible. This creates an official record of the incident and can be used as evidence in the CTP claim.
   
   
2. Identifying the CTP Insurer: Identify the CTP insurer of the vehicle that was at-fault in the accident. This information can be obtained online from the Motor Accident Insurance Commission (MAIC) website.
   
   
3. Lodging the Claim: Complete and lodge a Notice of Accident Claim Form with the CTP insurer within the prescribed time frame, which is generally nine months from the date of the accident. As noted above a claim can be lodged outside this timeframe however, it must include a reasonable excuse for delay. It is also necessary for the form to be accompanied by supporting documentation, such as a medical certificate and evidence of the accident.
   
   
4. Liability Determination: The CTP insurer will investigate the accident and determine liability. If liability is admitted, the insurer is obliged to provide funding for the injured person's reasonable and appropriate rehabilitation expenses.
   
   
5. Medical Assessments: The CTP insurer may request that the injured person undergo independent medical examinations to assess the nature and extent of their injuries.
   
   
6. Compulsory Conference: If the claim cannot be settled through negotiation, the parties will be required to attend a Compulsory Conference, where they will attempt to reach a settlement agreement.
   
   
7. Court Proceedings: If the claim is not resolved at the Compulsory Conference, the injured person may need to commence court proceedings to have their claim determined.

It's important to note that the CTP claim process can be complex, and it's highly recommended that the injured person seeks the guidance of an experienced personal injury lawyer to ensure their rights are protected and their claim is handled effectively.

Considerations for Overseas Travellers

When a traveller from overseas is injured in a car accident in Queensland, there are several additional considerations to keep in mind:

1. Language and Cultural Barriers: Overseas travellers may face language and cultural barriers when navigating the CTP claim process. It's essential to seek the assistance of a lawyer or interpreter who can help bridge these gaps and ensure the injured person's rights are fully understood and protected.
   
   
2. Travel and Accommodation Expenses: The CTP claim may need to cover the costs of the injured person's travel and accommodation if they need to remain in Queensland for medical treatment or to attend legal proceedings.
   
   
3. Repatriation: In some cases, the injured person may need to be repatriated to their home country for ongoing medical care or rehabilitation. The CTP claim may need to cover these expenses.
   
   
4. Ongoing Medical Care: If the injured person needs to return to their home country for ongoing medical treatment, the CTP claim may need to cover the costs of this care, including any necessary follow-up appointments or procedures.
   
   
5. Communication and Coordination: To ensure a successful CTP claim and a smooth recovery process, effective communication and coordination between the injured person and the following is crucial:
   
   

• Injured party’s legal representatives
• CTP insurer
• Any healthcare providers in both Queensland and the injured person's home country

What to Do Following a Motor Vehicle Accident

If a traveller from overseas is involved in a motor vehicle accident in Queensland, it's essential to take the following steps:

1. Seek Medical Attention: The first priority should be to seek immediate medical attention, even if the injuries appear minor. This not only ensures the injured person receives the necessary care but also creates a medical record that can be used as evidence in the CTP claim.
   
   
2. Report the Accident: As mentioned earlier, the accident should be reported to the police as soon as possible. Obtain a copy of the police report or a reference number, as this will be required for the CTP claim.
   
   
3. Identify the CTP Insurer: Determine the CTP insurer of the vehicle that was at-fault in the accident. This information can be obtained from the MAIC or the Department of Transport and Main Roads.
   
   
4. Gather Evidence: Collect any available evidence from the accident scene, such as photographs, witness statements, and the contact information of the other driver(s) involved.
   
   
5. Seek Legal Advice: Consult with an experienced personal injury lawyer who can guide the injured person through the CTP claim process and ensure their rights are protected. This is particularly important for overseas travellers who may face additional challenges.
   
   
6. Notify Relevant Parties: Inform the injured person's travel insurance provider, embassy or consulate, and any other relevant parties about the accident and the CTP claim process.
   
   
7. Maintain Records: Keep detailed records of all expenses related to the accident, including medical bills, travel costs, and any other relevant documentation.

By following these steps, overseas travellers who are injured in a car accident in Queensland can increase their chances of a successful CTP claim and ensure they receive the compensation and support they need during their recovery.

Conclusion

The CTP scheme in Queensland provides important protections for both Queensland residents and international visitors who are injured in motor vehicle accidents. However, the claim process can be complex, especially for overseas travellers who may face additional challenges.

By understanding the relevant legislation, the CTP claim process, and the steps to take following an accident, you can navigate the system effectively and ensure you receive the compensation you deserve. With the guidance of our experienced personal injury lawyers who specialise in motor vehicle accidents, you can focus on your recovery. Get a free claim check now.