How Does the QLD CTP Scheme Differ from Other States?
The defining feature of the Queensland CTP scheme is that it is wholly fault-based. This fundamentally distinguishes it from hybrid schemes such as the one operating in New South Wales, under which statutory benefits are payable automatically, regardless of fault.
Under the Motor Accident Insurance Act 1994 (Qld), in order to recover CTP compensation in Queensland, a claimant must establish that the injury was caused by the negligence of another driver or vehicle owner. Where the accident was caused solely by the claimant’s own fault, no CTP compensation is recoverable. This is precisely why, when an accident occurs in Queensland, the early preservation of evidence and prompt legal advice are so critical.
That said, in cases of catastrophic injury — such as permanent spinal cord injury, moderate to severe brain injury, multiple amputations, or severe burns — the National Injury Insurance Scheme (Queensland), established under the National Injury Insurance Scheme (Queensland) Act 2016 (Qld), provides lifetime treatment, care, and rehabilitation services on a no-fault basis.
Who Is Entitled to Claim QLD CTP Compensation?
To bring a CTP claim for injuries sustained in a motor vehicle accident in Queensland, two conditions must be satisfied. First, the claimant must have suffered personal injury arising out of the accident. Second, the accident must have been caused by the negligence of another party (such as another driver or vehicle owner). Provided these two requirements are met, any category of road user — driver, passenger, pedestrian, cyclist, or motorcyclist — may bring a claim.
Where the claimant was partly at fault (contributory negligence), a CTP claim may still be pursued, but the compensation payable will be reduced in proportion to the claimant’s share of responsibility. Common examples include failing to wear a seatbelt or being under the influence of alcohol at the time of the accident. Section 47 of the Civil Liability Act 2003 (Qld) presumes contributory negligence where the injured person was intoxicated or under the influence of drugs at the time of the injury, and imposes a minimum 25% reduction in damages where the presumption applies.
What Is the Procedure for a QLD CTP Claim?
Set out below is a chronological outline of the procedure for making a CTP claim following a motor vehicle accident in Queensland. The process is governed by the compulsory pre-court procedure prescribed under sections 34 to 51D of the Motor Accident Insurance Act 1994 (Qld).
Step 1: Immediately After the Accident — Police Report and Preservation of Evidence
The accident must be reported to police. Be sure to obtain the police reference number (QP number). At the scene, record the registration number of the other vehicle, the other driver’s name and contact details, the contact details of any witnesses, and take photographs and video footage of the scene. Attend a hospital or your general practitioner (GP) as soon as possible for assessment and treatment.
[Practical tip] Because Queensland CTP is fault-based, the strength of the evidence gathered at the scene will often determine the outcome of the claim. Photograph the road conditions, traffic signals, skid marks, and points of impact on the vehicles, and obtain contact details from any witnesses. If you have dashcam footage, preserve the original file. In practice, the credibility and completeness of the evidence collected at the scene has the most direct bearing on whether the insurer admits liability and on the ultimate settlement amount.
Step 2: Identifying the CTP Insurer
If you know the registration number of the at-fault vehicle, you can identify its CTP insurer through the Motor Accident Insurance Commission (MAIC) website. If the registration number is unknown, or the vehicle cannot be identified, you should contact MAIC directly for assistance. In hit-and-run cases, a claim may be brought against the Nominal Defendant. The Nominal Defendant is a statutory body that stands in the shoes of the at-fault party — assuming defendant status and bearing liability for damages — in cases where the actual wrongdoer cannot be identified (such as hit-and-run accidents), so that the injured person is not left without recourse.
Step 3: Lodging the Notice of Accident Claim Form — A Critical Time Limit
The Notice of Accident Claim Form (NOAC) must be lodged with the CTP insurer. This is the most important deadline in the QLD CTP process.
Time limit: Within 9 months of the date of the accident, or within 1 month of the date on which you first consulted a lawyer about the possibility of making a claim — whichever occurs first. For example, if you consult a lawyer 8 months after the accident, the deadline is 1 month from that consultation (i.e. 9 months from the accident). If, however, you consult a lawyer only 2 months after the accident, the deadline becomes 1 month from that consultation (i.e. 3 months from the accident).
Stricter time limits apply to claims brought against the Nominal Defendant. In hit-and-run cases where the at-fault vehicle cannot be identified, notice must be given to the Nominal Defendant within 3 months of the date of the accident, and the claim becomes statute-barred if not given within 9 months.
In 2025, MAIC introduced a digital claim form (Online Claim Form), and claims can now be lodged directly with the relevant insurer through the Queensland CTP Claim Portal (ctpportal.maic.qld.gov.au).
Documents to accompany the NOAC: The NOAC must include particulars of the circumstances of the accident and the injuries sustained, a Medical Certificate completed by the treating doctor, a Claimant Certificate (for fraud-prevention purposes), a certified copy of photographic identification (driver’s licence or passport, witnessed by a JP or a lawyer), and — where a lawyer has been retained — a Law Practice Certificate.
Step 4: Insurer’s Review and Decision on Liability
The insurer must, within 14 days of receiving the NOAC, advise whether the notice complies with the statutory requirements. Where deficiencies exist, the claimant must be afforded at least 1 month to remedy them. The insurer must then, within 6 months of receiving the NOAC, provide a written response either admitting liability in full, admitting liability in part, or denying liability altogether.
Where liability is admitted, the insurer is obliged to fund the claimant’s reasonable and necessary medical and rehabilitation expenses.
Step 5: Medico-Legal Examinations
Typically, between 10 and 12 months after the accident, the claimant will undergo medico-legal examinations to assess the extent of the injuries caused by the accident, the treatment required for those injuries, and the impact of the injuries on the claimant’s capacity to work. These examinations can only be conducted once the claimant’s physical and psychological condition has stabilised, and therefore cannot occur in the immediate aftermath of the accident; they may proceed only after a sufficient course of treatment has been completed.
Step 6: Settlement Negotiations and the Compulsory Conference
Settlement negotiations are then conducted with the insurer. Before any court proceedings may be commenced, the parties must attend a Compulsory Conference. This conference is typically held between 15 and 18 months after the accident. The conference process is complex, and the mandatory final offers exchanged by the parties have significant consequences for the costs regime in any subsequent litigation, making the assistance of experienced legal counsel particularly important at this stage.
Step 7: Court Proceedings (Where Necessary)
If the matter does not resolve at the Compulsory Conference, court proceedings must be commenced within 60 days of the conclusion of the conference. The overall limitation period for commencing proceedings is 3 years from the date of the accident.
What Compensation Is Available Under QLD CTP?
QLD CTP compensation comprises the four principal heads of damage.
Economic Loss
Economic loss includes past and future loss of earnings, past and future medical and rehabilitation expenses, attendant care and domestic assistance, travel costs, and other out-of-pocket expenses related to the accident. Loss of earnings is calculated by reference to the claimant’s actual pre-accident income, on a pre-tax basis.
Non-Economic Loss
Non-economic loss compensates for pain, suffering, and loss of amenities of life. In Queensland, non-economic loss is assessed under the Injury Scale Value (ISV) system established by the Civil Liability Act 2003 (Qld). The ISV framework is prescribed under the Civil Liability Regulation 2025 (Qld), and rates the severity of an injury on a scale from 0 to 100. A rating of 0 denotes an injury so minor that no award is warranted, while 100 represents the most severe injuries.
Treatment Expenses
Claimants may recover the cost of treatment and medication incurred since the accident, as well as the cost of treatment and medication reasonably expected to be required in the future. The opinions of medico-legal specialists are particularly important when claiming future treatment expenses. For example, if an orthopaedic medico-legal specialist recommends monthly physiotherapy over the next 2 years, with surgery in the event of deterioration, the future expenses claim will be calculated and pursued on the basis of those recommendations.
Gratuitous Care (only if the threshold is met)
Gratuitous care refers to the reasonable and necessary domestic or personal care services provided to an injured person by family members, friends, or others without payment. This may include assistance with activities such as personal hygiene, dressing, household tasks, meal preparation, transport, and mobility support.
In Queensland, compensation for gratuitous care is recoverable where the care provided meets the statutory threshold under the Civil Liability Act 2003 (Qld), including that the care is necessary as a result of the injuries sustained and is provided for at least a minimum level of hours over a defined period. The value of gratuitous care is assessed by reference to the commercial cost of equivalent paid services.
If I Miss the 9-Month Deadline, Am I Barred from Compensation?
Missing the 9-month deadline does not automatically extinguish the claim, but the insurer may refuse to accept it on the basis that it is a late claim. If the claimant can provide a “full and satisfactory explanation” for the delay, the insurer may nevertheless accept the claim.
However, in the case of claims against the Nominal Defendant involving unidentified vehicles, the 9-month deadline is absolute, and the claim becomes statute-barred if the deadline is missed. The 3-year limitation period for commencing court proceedings is also, as a general rule, strictly enforced.
[Key takeaway] Even if the deadline has passed, you should consult a personal injury lawyer before giving up. Avenues for relief may still be available — particularly where symptoms of injury emerged at a later date, in which case the deadline may run from a different starting point altogether.
If I Am Partly at Fault, Am I Disentitled to Any Compensation?
No. Even where the claimant bears some fault (contributory negligence), a CTP claim may still be made, provided that the other party also bears some fault. The compensation payable will, however, be reduced in proportion to the claimant’s share of responsibility. For example, if damages are assessed at $100,000 and the claimant is found 20% at fault, the recovery will be reduced to $80,000.
It is important to note, however, that under Queensland’s fault-based scheme, no CTP compensation is recoverable in single-vehicle accidents where the claimant was 100% at fault (for example, where the claimant has driven into a guardrail). In such cases, an income protection insurance policy or similar private cover may be the only avenue for compensation.
Do I Need a Lawyer to Make a QLD CTP Claim?
There is no legal requirement to engage a lawyer. MAIC provides information resources and an online claim portal to assist injured persons in pursuing claims directly with insurers.
That said, given that QLD CTP is a fault-based scheme, and the onus of proving negligence lies on the claimant, the involvement of an experienced personal injury lawyer will, in most cases, make a tangible difference to the outcome. The strategic input of a specialist lawyer becomes particularly important where the insurer denies liability, where contributory negligence is in issue, where ISV assessment and the quantification of general damages are required, where the Compulsory Conference process must be navigated, or where issues arise concerning compliance with time limits.
Most personal injury lawyers in Queensland act on a “no win, no fee” basis. If you wish to engage a lawyer, the Queensland Law Society (qls.com.au) can refer you to an accredited personal injury specialist in your area.
Frequently Asked Questions (FAQ)
Q. Can I claim compensation in Queensland if I am the victim of a hit-and-run?
Yes. Where the at-fault vehicle is unidentified, a CTP claim may be brought against the Nominal Defendant. The claimant must, however, demonstrate that reasonable efforts to identify the vehicle were made by way of “proper inquiry and search”, and the time limit for giving notice to the Nominal Defendant is 3 months from the date of the accident. If you are the victim of a hit-and-run, the key is to report the incident to police immediately and to obtain legal advice as soon as possible. A claim against the Nominal Defendant may also be brought where the at-fault vehicle has been identified but is uninsured for CTP purposes.
Q. Can I make a claim if I was a passenger in a friend’s car when the accident occurred?
Yes. A passenger may claim compensation through the CTP insurer of the at-fault driver, and this remains the case even where the at-fault driver is a friend or family member. In Queensland, CTP insurance attaches to the vehicle rather than to the individual driver, so the claim is brought against the CTP insurer of the vehicle, not against the driver personally. There is therefore no need for personal awkwardness — the claim proceeds against the insurer. That said, where the passenger knowingly travelled with a driver who was under the influence of alcohol, a reduction for contributory negligence may apply.
Q. Can I claim if I had no symptoms immediately after the accident, but began experiencing pain several weeks later?
Yes. Under the QLD CTP legislation, the time for lodging the NOAC runs not only from the date of the accident, but also from the “first appearance of symptoms” of the injury. If symptoms emerge weeks or months after the accident, the NOAC must be lodged within 9 months of the date on which the symptoms first appeared (or within 1 month of consulting a lawyer). Where symptoms manifest late, however, a dispute may arise as to whether they were in fact caused by the accident. For that reason, attending a medical practitioner immediately upon the onset of symptoms — and ensuring that the symptoms are properly documented in your medical records — is of critical importance to establishing causation.
Q. Is QLD CTP compensation taxable?
Generally speaking, personal injury compensation is not assessable for income tax purposes. However, receipt of a compensation payment may affect Centrelink entitlements and eligibility, and there may be a Medicare refund payable in respect of medical expenses previously covered.
Q. Does CTP cover motorcycle accidents in Queensland?
Yes. Motorcycles are classified as motor vehicles requiring registration in Queensland, and CTP insurance is compulsory for motorcycles in the same way as for other vehicles. Where a motorcyclist is injured by the negligence of another road user, the same CTP claims process applies as for car accidents.
Q. Does CTP cover damage to my vehicle (property damage)?
No. CTP insurance covers personal injury only. Vehicle repair costs and other property damage must be pursued separately, either through a comprehensive motor vehicle insurance policy or by way of a direct claim against the at-fault driver.
If You Wish to Take the Next Step
If you require legal advice tailored to your individual circumstances in relation to a CTP claim arising from a motor vehicle accident in Queensland, you are welcome to book a complimentary consultation with our firm. We act on a “no win, no fee” basis, and no costs are charged for the initial consultation.
[Enquiry Link]: https://form.jotform.com/230431523475854
Tel: 1800-825-275 | E-Mail: [email protected]
[Park & Co Lawyers — Disclaimer]
The information set out above is provided by way of general legal information only, and does not, in any circumstances, constitute legal advice. It does not reflect any changes in legislation or case law occurring after the date of publication. Further information on the QLD CTP scheme is available from the Motor Accident Insurance Commission (MAIC) at maic.qld.gov.au.
