CTP Insurance enables the injured person to claim for their injuries and access medical and rehabilitation treatment. CTP claimants will generally seek damages including general damages, medical treatment costs, loss of income, and costs of gratuitous care provided by family and friends. CTP Insurance also protects motor vehicle owners and drivers from being personally sued if they are liable for injuring someone in a motor vehicle accident.
What Is a CTP Insurance?
CTP stands for Compulsory Third Party (CTP) insurance which is a mandatory policy that generally covers anyone who drives or owns the insured vehicle for injuries caused to others in an at-fault motor accident. However, in some states such as NSW, the CTP insurance may cover the injuries caused to others regardless of the fault of the driver. CTP Insurance enables the injured person to claim for their injuries and access medical and rehabilitation treatment. CTP Insurance also protects motor vehicle owners and drivers from being personally sued if they are liable for injuring someone in a motor vehicle accident.
Who Can Make a CTP Claim in QLD?
You may make a CTP insurance claim in Queensland if you have sustained injuries in a motor vehicle accident in Queensland that was the fault (completely or partially) of another vehicle owner or driver. Your claim is made against the CTP insurer of the vehicle that caused the crash. You can still make a CTP insurance claim if you were partially responsible for the crash, but your compensation amount may be reduced.
What Type of Compensation Can I Claim Via CTP Insurance?
Every claimant’s case is unique and the damages claimable are different depending on your individual situation and supporting medical opinion. CTP claimants will generally seek damages including general damages, medical treatment costs, loss of income, and costs of gratuitous care provided by family and friends.
- General damages refer to compensation for loss of quality of life such as pain and suffering. In QLD, general damages are calculated by working out an Injury Scale Value (ISV) and the ISVs are set out in the Civil Liability Regulation 2014. Under the ISV system, injuries are assigned a point value between 0 and 100, where 0 relates to an injury not severe enough to justify any award of general damages and 100 is the most severe injury possible.
- For medical treatment costs, you can claim all medical expenses that are and will be reasonably incurred to treat your injuries from a motor vehicle accident. You can also claim reasonable travel expenses related to your medical attendance.
- Loss of income can be recovered if you can establish that your earning capacity has been diminished because of the injuries and the diminution of earning capacity is or may be productive of financial loss. In general, you are compensated for the difference between what you would have earned and what you are now capable of earning.
- You can claim the costs of gratuitous care provided by family and friends where:
- You have received, or will receive the care for at least 6 hours per week for a period of at least 6 months;
- The care was necessary and the need for such care has arisen solely because of the injuries from the motor vehicle accident; and
- The care would not have been provided to you but for the injuries.
How Soon Do I Have to Make a CTP Claim in QLD?
To start a CTP claim in Queensland, you must lodge a notice of claim to the CTP insurer of the at-fault vehicle. There are strict timeframes for lodgement of your notice of claim under the legislation and your claim could be rejected if you lodge outside the timeframes.
For example, the notice of claim must be lodged:
- within 3 months if it is to be given to the Nominal Defendant because the motor vehicle cannot be identified; or
- in any other case whichever of the following dates is earlier:
- within 9 months after the motor vehicle crash or, if symptoms of the injury are not immediately apparent, the first appearance of symptoms of the injury;
- if you have a solicitor managing your claim, within 1 month of the first consultation with the solicitor.
If you are under 18 years at the time of the crash, the above timeframes to lodge a claim do not commence until you turn 18.
[ Park & Co Lawyers – Disclaimer ]
Please note that the above is to be taken as a general guide only, and does not constitute legal advice in any respect. It does not reflect any changes in the relevant law or authorities since the date of publication.
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We are experienced in the different areas of personal injury claims. We work on a no-win-no-fee basis which means that if you don’t win, you don’t have to pay our legal fees. Contact us today for a free, no-obligation initial consultation. We will discuss your case and make sure you know about your legal rights.
Contact us: 07 3345 6665 / enquiry@parkcolawyers.com
