What is CTP insurance, & how can CTP lawyers help me make a CTP claim?

A CTP claim (Compulsory Third Party claim) is a legal process where someone who has been injured in a motor vehicle accident seeks compensation for their injuries. In Queensland, you can lodge a CTP claim against the insurer of the at-fault vehicle to help cover medical expenses, lost income, rehabilitation, and pain and suffering. If you weren’t at fault, you may be eligible to claim compensation through this system, even as a pedestrian, passenger, cyclist or motorcyclist.

CTP insurance provides coverage for medical expenses, rehabilitation and loss of earnings when someone is injured due to a road accident involving a registered vehicle. It doesn’t cover damage to vehicles or property. The policy is tied to your vehicle and is a legal requirement as part of your vehicle registration in Queensland.

A CTP insurer is responsible for managing claims lodged by individuals who are injured in road accidents involving their insured vehicles. Their role is to investigate claims, determine liability, and — where appropriate — pay compensation for things like medical expenses, lost income, rehabilitation and more. 

In Queensland, CTP compensation payouts are handled by the insurer of the at-fault vehicle and are regulated by the Motor Accident Insurance Commission. CTP insurers are selected when completing your motor vehicle registration and play a key role in helping injured people access support.

Yes, if a motorist is found to be driving a vehicle that is not covered by compulsory third party insurance, they will be at risk of being subject to quite substantial penalties.

No, CTP insurance is not the same as car insurance. CTP provides compensation for people injured in a motor vehicle accident, while standard car insurance (comprehensive car insurance or third-party property) covers damage to vehicles or property. It’s important for vehicle owners to understand both types of cover when arranging registration or insuring their vehicle.

As long as the accident occurs on a road or in a public place, the Nominal Defendant steps in to act as the CTP insurance company in relation to your motor vehicle accident claim for injuries sustained in the accident.

Well when a vehicle is unregistered at the time of an accident it is therefore not covered by CTP insurance.

If the driver of the unregistered vehicle is at fault for the accident, then the Nominal Defendant will step in to act as the CTP insurer.

They step in for any claims made for the type of injury sustained by persons in the other vehicles involved in the accident.

Additionally for passengers in the unregistered vehicle (as long as the accident was on a road or in a public place).

The Nominal Defendant may then seek recovery of the costs…

However, the Nominal Defendant may then seek recovery of the costs of any claims made against the driver or owner of the vehicle that was unregistered and did not hold CTP insurance.

You must arrange registration and CTP insurance before legally driving a vehicle on public roads in Queensland. This applies to new registrations, renewals, and transfers of ownership. You can choose a preferred CTP insurer when completing your registration through TMR or online.

Well when a vehicle is unregistered at the time of an accident it is therefore not covered by CTP insurance.

If the driver of the unregistered vehicle is at fault for the accident, then the Nominal Defendant will step in to act as the CTP insurer.

They step in for any claims made for injury sustained by persons in the other vehicles involved in the accident.

Additionally for passengers in the unregistered vehicle (as long as the accident was on a road or in a public place).

The Nominal Defendant may then seek recovery of the costs…

However, the Nominal Defendant may then seek recovery of the costs of any claims made against the driver or owner of the vehicle that was unregistered and did not hold CTP insurance.

If the accident occurred on private property and the vehicle at fault was unregistered and therefore there was no CTP insurance on the vehicle, then the Nominal Defendant does not act as the CTP insurer.

You will therefore need to bring your motor vehicle injury compensation claim against the driver of the vehicle at fault personally.

Whether such a claim would be worthwhile pursuing in such circumstances will depend on whether the driver at fault has any funds or assets to meet your motor vehicle accident compensation payout claims or holds any public liability insurance that responds to the claim.

Talk to us live online, call or email and we’ll help you answer your questions on CTP payout amounts in QLD.

Our no win no fee guarantee is in place to bring our legal services to everyone. If we don’t win, then you don’t pay our fees. It also helps pay for immediate health bills and gets you treatment fast.

What claims a CTP insurance policy covers in Queensland, is set out in Section 5 of the Motor Accident Insurance Act 1994 below.

This section of legislation is administered by the Motor Accident Insurance Commission, which regulates the CTP scheme in Queensland.

(1) This Act applies to personal injury caused by, through or in connection with a motor vehicle if, and only if, the injury:

(a) is a result of;

• (i) the driving of the motor vehicle; or
• (ii) a collision, or action taken to avoid a collision, with the motor vehicle; or
• (iii) the motor vehicle running out of control; or
• (iv) a defect in the motor vehicle causing loss of control of the vehicle while it is being driven; and

(b) is caused, wholly or partly, by a wrongful act or omission in respect of the motor vehicle by a person other than the injured person.

(2) For an uninsured motor vehicle, subsection (1) applies only if the motor vehicle accident out of which the personal injury arises happens on a road or in a public place.

(3) However, this Act does not apply to personal injury caused by, through or in connection with;

• (a) a tractor, backhoe, bulldozer, end-loader, forklift, industrial crane or hoist, or other mobile machinery, other than an agricultural machine; or
• (b) an agricultural machine; or
• (c) a motor vehicle adapted to run on rail or tram tracks; or
• (d) an amphibious vehicle; or
• (e) a motor vehicle of a class prescribed by regulation;unless the motor vehicle accident out of which the injury arises happens on a road.

(4) For subsection (1)(b), the reference to a wrongful act or omission in respect of the motor vehicle does not include the use of the motor vehicle at the particular time it is being used for the actual doing of an act or making of a threat that is an act of terrorism.

(5) The following is an example of a particular time when a motor vehicle is not being used for the actual doing of an act that is an act of terrorism—

A is the driver of a motor vehicle from which a bomb is thrown at a government building.

It is established that at the time the bomb is thrown the motor vehicle is being used for an act of terrorism. In driving away from the building after the bomb is thrown, A runs into a motor vehicle being driven by B.

At the time A’s motor vehicle runs into B’s motor vehicle A’s motor vehicle is not being used for the actual doing of an act of terrorism.(6) Subsection (4) only applies to an act of terrorism happening on or after 1 January 2002.

Yes, there are strict time limits to lodge a Notice of Accident Claim Form with the CTP insurer of the at fault vehicle. When it comes to motor vehicle accidents, the CTP claims process must be started within 9 months of the accident, or 1 month if the vehicle was unregistered.

Navigating a CTP claim might seem tough, but don’t worry, our seasoned CTP lawyers are here to help you at every step. The method to lodge a claim in Queensland typically encompasses the following steps:

Inform about the accident: Ensure the incident is reported to the police, if applicable (if this hasn’t been done yet, we’re here to assist you with the submission).

Lodge your claim:  Our experienced CTP lawyers can assist you complete and submit what is a complicated claim form. Depending on your location, this might involve filling out and submitting a Notice of Accident Claim Form to the CTP insurer of the party at fault. Your CTP Lawyer has a deep understanding of any completed forms required or difficult documentation and will assist you through this process.  

Offer a medical certificate: Attend a medical assessment so you are able to supply a special medical certificate alongside your CTP claim, which is ideally filled out by your personal physician.

It’s important to seek legal advice early so your CTP injury claim will have the best chance of success.

In Queensland, the CTP insurer of the at-fault vehicle is responsible to pay compensation to injured parties. If the vehicle is unregistered or uninsured, the Nominal Defendant steps in. The insurer may cover medical treatment costs, lost income and other damages depending on your eligibility.

Your legal representation will be able to fully advise you on your rights to claim.  Often a CTP claim will cover past and future medical expenses, and rehabilitation expenses, and you may even be able to cover some of your legal costs from the insurer. 

Whether you drive a new or used vehicle, you must ensure CTP insurance is in place when you register it. In most cases, the insurer is selected at the time of purchase or during the next registration renewal. Always confirm CTP coverage is active, especially if buying from a private seller or during the next registration renewal.

Yes, in most cases motor dealers will include CTP insurance when selling a new car. However, you can nominate your preferred provider before finalising your registration. For private sales or used vehicles, you’ll need to confirm CTP cover and update the policy during transfer.