Motor Vehicle Injury Claims (CTP Claims) – Summary

Motor Vehicle accidents are an everyday occurrence but sometimes their effects can totally change your lifestyle. These claims are usually brought against the Compulsory Third Party (CTP) Insurer of the vehicle, no matter who was driving the vehicle, e.g. spouse, friend, son, daughter etc.

Provided we can prove the other driver was at fault, we can force the CTP insurer to compensate you for your injuries.

Injuries may include, for example:

  • whiplash (neck/cervical spine strain)
  • broken or fractured bones
  • chronic pain
  • lacerations and scarring
  • psychological consequences such as depression, anxiety or PTSD
  • death

Note: If you have lost a loved one due to a car accident caused by someone else, we can also assist you with a claim for dependency to cover funeral expenses and loss of future expected income. Our lawyers can also help you get compensation for the damage to your vehicle.

Car Accident Lawyers – No Win No Fee

If you’ve been the victim of a car accident and are thinking about making a compensation claim, the lawyers at Roche Legal are ready to give you free initial advice over the phone. We will instantly let you know if we think that you will win your personal injury claim.

If we believe you will win your claim, we will offer you legal representation on a No Win No Fee basis.

Strict time limits apply to making CTP claims, so do not delay.

Don’t Make Your CTP Claim Directly With The Insurer

Damages can be substantial when claiming from the at-fault driver’s CTP policy. The courts only allow modest damages for pain and suffering but large awards can be made for the loss of future earnings. Because of this, the CTP insurers always defend claims strenuously. It is critical to not attempt to negotiate a settlement yourself to avoid being taken advantage of – especially if you are unable to return to work because of your injuries.

On top of this, publicly available statistics prove that using a lawyer for your CTP claim results in more than 10 times the compensation amount. See our article on the importance of not self-representing.

We have received many phone calls from people injured in a motor vehicle accident who submitted their own CTP claim. Sadly, many times the injured person had already accepted the insurer’s early offer of compensation which turned out to be inadequate.

If an insurer is aware that you are not legally represented, any offer of compensation they make to you will almost certainly be one that is taking advantage of you. We have seen people who’ve sustained serious injuries in car accidents accept direct offers of $20,000 so that they could afford their initial medical treatment only to find that after 2 years their pain has not gone away and they require further surgery and additional time away from work. Had they have engaged an experienced personal injury lawyer to make their claim, they would have discovered that their claim was actually worth around $400,000.00 (after legal fees).

Direct offers from a CTP insurer will almost never take into account the long-term impact your injuries will have on you and your future earning capacity. Further, any advice the CTP insurer may give you with their offer should not be relied on as the offer will not outline all of your entitlements. Remember, the business model of a CTP insurer relies on paying injured victims as little as possible.

If you accept an offer from the CTP insurer, there is almost no way the deal can be un-done.

Roche Legal will never let a CTP insurer off the hook lightly. We always make sure our client’s receive their full entitlements when making CTP claims. You only get one chance at making a CTP claim.

Frequently Asked Questions – Motor Vehicle Injury Claims FAQ

Will you run my CTP claim No Win No Fee?

Yes. Roche Legal offers No Win No Fee representation to everyone with a qualifying claim. Contact us for a free initial consultation. We have offices in Brisbane, Springwood, and the Sunshine Coast.

Do I have a claim for compensation?
Persons injured while riding a car, truck, motorbike, quad bike, or other motor vehicles are entitled to make compensation claims under the Motor Accident Insurance Act 1994 (Qld). This Act requires all vehicles to hold compulsory third-party motor vehicle insurance (CTP insurance). You can make a claim if you were injured due to no fault of your own. For example, as a pedestrian or passenger (under any circumstance), or as a driver where another vehicle caused the collision or accident.

If you have been injured in an accident involving a motor vehicle you can make a claim for compensation– provided the other driver was at fault.

Who can I bring the CTP claim against?

Under the Motor Accident Insurance Act 1994, the claim will be against the compulsory third party (i.e. CTP) insurer of the vehicle at fault. The CTP insurer is also obliged to meet your medical needs during your motor accident compensation claim. If you cannot identify the offending vehicle or their CTP insurer, you may be able to bring your claim against the Nominal Defendant.

If your injury is on the more serious side, a claim may also be made on your superannuation policy under the Total & Permanent Disablement (TPD) scheme.

If you were travelling for work purposes at the time, it is possible that a concurrent Workcover claim can also be made.

What can I claim compensation for?

Compensation is usually provided for:

  • The pain and suffering you have incurred.
  • Any past and future loss of earnings you have suffered.
  • Any loss of enjoyment of life.
  • Medical expenses.
  • Gratuitous (unpaid) or paid assistance from others as a result of your injuries.
Who pays for the damage to my vehicle?

Property Damage

CTP insurance does not typically allow for the recovery of the damage done to your vehicle, which is known as ‘property damage’.

However, if you have a CTP claim there is a good chance that you may be able to seek compensation from the at-fault party directly, or through their private insurance (such as a ‘third party fire and theft’ or ‘comprehensive’ insurance policy). Our lawyers assist with making the appropriate demands and claims for your damaged vehicle if you have been injured in a motor vehicle accident.

What has to be proven for my CTP claim to be successful?

You must be able to show that:

  1. the accident was someone else’s fault;
  2. they owed a responsibility to you that they did not meet; and
  3. you suffered injuries as a result of their actions or inactions.

Anyone who is a passenger in a vehicle is easily able to show that someone else was at fault – even if that person was the driver in their own vehicle.

It is important to remember that in Queensland, when you make a CTP claim against the at-fault party, the CTP insurer is the one who pays the compensation. For example, Roche Legal has proven success in cases where an injured person has made a claim against their family member’s CTP insurer in a single vehicle accident.

Are there any important time limits to bring a CTP claim?
Yes – strict time limits apply to making a CTP claim in Queensland.

Time limit where the offending motor vehicle can be identified

A complying notice of claim must be lodged against the at-fault party’s CTP insurer within the earlier date of either:

  • 9 months after the motor vehicle accident; or
  • 1 month after your first consultation with your solicitor.

If you are outside of the above time limits, you may still serve your CTP claim however a reasonable excuse for the delay must be provided.

Regardless of whether you have served your claim on the CTP insurer within the time limits, you must also file court proceedings within 3 years or you will lose your right to make a claim. If you are under 18 at the time of the accident, the 3 year time limit begins from the date you turn 18 years old.

Time limit where the offending motor vehicle cannot be identified

A complying notice of claim must be lodged against Queensland’s Nominal Defendant within 3 months. If more than 3 months has passed, you must provide a reasonable excuse for the delay. However, you must serve your claim within 9 months from the date of the accident or else you are barred from making a claim against the Nominal Defendant.

It is very important to contact us quickly if you have been in an accident so that we can protect your right to make a claim.

Who pays me the compensation?

The offending driver’s CTP insurance company will pay you compensation for your injuries.

If the vehicle is uninsured or unregistered or is unknown, then the ‘Nominal Defendant’ will pay the compensation.

If you are seriously injured, and you have total and permanent disability insurance through your superannuation fund, you may also make a TPD claim in addition to any claim against the CTP insurer.

How much compensation can I claim?

The amount of compensation you can claim in Queensland will depend on:

  • How bad your injuries are
  • Your age
  • How much you have lost and will lose in wages
  • How much care you need
  • How much money you have paid and will have to pay out of your own pocket

Once your injuries have been identified, you’ll need to see a doctor to understand the impact these will have on your future work and enjoyment of life. This will usually involve visiting one or more medical specialists and them writing a report to support your claim.

How long does a claim for compensation take?

We strive to have motor vehicle compensation claims finalised within two (2) years and often this can be shorter if the claim is not complex.

Can I make a CTP claim on behalf of someone who has passed away?

In the event that someone died as a result of the motor vehicle accident, their living dependants (usually the spouse and children) may also be able to claim for funeral expenses and loss of financial support as a minimum.

When death occurs from a motor vehicle accident, there are usually other claims to consider such as a death benefit claim through their superannuation fund.

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