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Motor Vehicle Accident Injury Claims

If you have been injured in an accident involving a vehicle, whether you are a driver, rider, passenger, or pedestrian, you may be entitled to make Compulsory Third Party (CTP) insurance claim against the insurer of the vehicle you believe was at-fault. AMK Lawyers can help you obtain the compensation and damages you are legally entitled to through a CTP insurance claim. CTP insurance pays compensation to people who have suffered an injury caused by a motor vehicle accident where negligence can be established.
A CTP claim (in most circumstances) can be initiated if you have been injured in any of the following:
Even if the car accident or other motor vehicle accident that caused your injury was an unidentified or unregistered motor vehicle, you still have the right to make a CTP claim, although the time limits are much shorter. In that case, there is a state insurer, the Nominal Defendant who will respond to the claim.
Compulsory third-party insurance is a statutory policy of insurance provided to all Queensland vehicles. It is “compulsory” because it comes as standard with the payment of registration for many classes of vehicles. There are four (4) licensed insurers in QLD:
Once a CTP claim is lodged, one of the above CTP insurance companies will respond to the claim and can help with treatment and expenses for both psychological and physical injuries, in addition to compensation.

Frequently Asked Questions

Got a question? Get your answer.

  • Step 1: Seek medical attention.
  • Step 2: Call the police and notify them of your injuries if they did not attend the scene of your accident or obtain a statement from you (or get someone to do it on your behalf). Ensure to obtain a Queensland Police Report Number (QP number). Police will conduct investigations and the traffic crash report they prepare can be used to prepare your notice of accident claim form to lodge with the appropriate CTP insurer of the at fault vehicle.
  • Step 3: Identify the CTP insurer of the at fault vehicle, by conducting a free search on the Motor Accident Insurance Commission Website (https://maic.qld.gov.au/#find-insurer). Click on find a vehicle’s CTP insurer and enter the date of the accident and the registration of the at fault vehicle.
  • Step 4: Call AMK Lawyers about your legal rights, remembering that time limits do apply. Complete this enquiry form or call us directly, and we can then complete the necessary forms to lodge your CTP claim and start working on having the CTP insurer fund your reasonable and appropriate treatment expenses, such as physio, scans, and specialist treatment, for both physical and psychological injures.
You are eligible to lodge a CTP claim if the accident was not your fault and you were either a driver, passenger, rider, or pedestrian injured in an accident. You may be able to make an injury compensation claim if you are:
  • A driver or passenger injured in a motor vehicle accident (single car accidents and multiple vehicle accidents).
  • A pedestrian or cyclist injured by a car (e.g. a cyclist hit by a vehicle or the open door of a vehicle or a pedestrian hit by a vehicle).
  • A passenger suffering whiplash as the result of a car accident.
  • A rider injured by a vehicle (e.g motorcycle, bicycle, e-scooter, or skateboard).
  • A driver or passenger injured in a motor vehicle accident as a result of items on the road (e.g an oil spill) or items that have not been properly secured to another vehicle.
  • If the accident caused a fatal injury, dependents may have a right to bring a claim regarding funeral expenses and loss of dependency.
  • Minors injuries in motor vehicle accidents can bring claims through a litigation guardian, such as a parent.
  • Even if the car accident or other motor vehicle accident that caused your injury was an unidentified or unregistered motor vehicle, you still have the right to make a CTP claim, although the time limits are much shorter. In that case, there is a state insurer, the Nominal Defendant who will respond to the claim.
You can lodge a claim yourself by completing a notice of accident claim form and using the MAIC online portal, but it is always best to discuss your claim with an experienced lawyer and not take any chances with your CTP claim. It is very important to have the experience and guidance of a personal injury lawyer before taking any steps, as any small error or mistake could impact your rights and claim significantly. Ensure the best possible outcome by contacting AMK Lawyers who have very experienced personal injury lawyers with insurance backgrounds as this would be in your best interests.

It is important you contact us as soon as possible after your accident so we can lodge the necessary claim forms with the insurance company. There are strict time limits associated with this particularly if you do not know the identity of the other vehicle. Also, make sure you speak to AMK Lawyers before signing any documentation from the other party or the other party’s insurance company, otherwise you may lose your right to claim damages.

Generally, you have only three years from the date of an accident within which to issue proceedings in Court. If you do not do so then you could lose your rights forever and be prevented from claiming (‘statute barred’).

You should also be aware that before you can issue proceedings in Court you must first comply with ‘pre-Court’ procedures pursuant to the Motor Accident Insurance Act (MAIA).

A ‘Notice of Accident Claim Form’ must be given to the CTP insurer of the vehicle(s) at fault. Generally, this must be done within 9 months of the accident or within 1 month of retaining the services of a solicitor.

In circumstances involving an unregistered or unidentified motor vehicle the time limits are very strict and a notice must be given to the Nominal Defendant within three months.

The Nominal Defendant is a government body that takes the place of the CTP insurer in circumstances where the ‘at fault’ vehicle is either unregistered or unidentified.

If pre-court procedures have not been completed and the three-year limitation period is drawing near an application must be brought within the limitation period before a Judge. The Judge may make orders allowing proceedings to be filed outside the three-year period once pre-court procedures have been completed. However, such proceedings must usually be filed within 60 days of a compulsory conference.

Failure to lodge the Notice of Accident Claim form and follow other procedures within time can jeopardise a claim. There are also many other time limits that can jeopardise a motor vehicle accident claim if not complied with.

As can be seen time limits under the legislation are complex and can be fatal to a claim if not complied with. It is best not to delay. Protect your rights and contact us or fill in the enquiry form located here.

You may think that by lodging your own claim you can save time and money, but the statistics from the Motor Accident Insurance Commission, show that people who represent themselves achieve an average settlement of under $10,000, compared with those who are represented by an experienced personal injury lawyer who on average recover around $90,000. It is very common for insurers to make low offers before settlement conferences and legally represented persons have the advantage of receiving advice regarding the reasonableness of an offer and whether the matter should be pursued further through the system. Often it is necessary to issue court proceedings to achieve a just outcome.

It is also important to consider the stress and complexities involved with a claim and dealing with insurance companies, who aim at resolving claims for as little as possible, without regard for a person’s future wellbeing. Once a claim is settled, it is once and for all and you cannot later come back and try to achieve further compensation for the injuries suffered in your accident. The legal provisions which underpin the CTP claims process can be difficult to navigate and without significant experience in the field a claimant can run the risk of severely under settling a claim.

Your future is important, and it is our priority to ensure we achieve the best possible outcome.

The basis steps in a CTP claim are outlined below, which are required to be undertaken as part of the pre-Court process.

  1. Lodge a Notice of Accident Claim Form on the at-fault drivers CTP insurer.
  2. The Insurer responds to Notice of Accident Claim Form with a Compliance Response.
  3. Injured person undergoes rehabilitation and treatment and AMK Lawyers have a vast network of doctors who we can recommend assisting with your rehabilitation.
  4. Insurer provides a Liability Response.
  5. The parties gather information and documents from third parties about the nature and extent of the injuries, such as medical records, photos, and the like.
  6. The parties arrange independent medical examinations. AMK Lawyers have dedicated medico-legal experts who are very experienced and respected.
  7. The parties hold a Compulsory Conference with the assistance of a senior Barrister who can provide a second opinion regarding compensation.
  8. If the claim does not settle at a Compulsory Conference, the injured person starts Court proceedings.

An experienced personal Injury lawyers will guide you through the steps above and make the process very simple. Not all these steps need to be taken and matters can settle without the need to attend a settlement conference, thereby reducing costs.

In each case, AMK Lawyers will work with you to understand the circumstances surrounding your injury from the car accident and then advise you on your prospects for achieving a successful injury compensation claim. This injury compensation claim could be used to compensate you for pain and suffering, medical expenses, physical or emotional rehabilitation needs, other direct expenses, plus loss of past and future earnings including overtime and care claims.

The amount of compensation you receive will depend on a combination of factors including the nature and extent of your injuries, your age, your loss of earnings and likely loss of earnings in the future, the amount of care you need or may need, your out-of-pocket expenses and any future expenses incurred from the motor vehicle injuries sustained in QLD. To access our compensation calculator, click here.

It is important to understand that every claim is unique, and it is very difficult to predict what a claim may be worth until we have gathered all the necessary information/documentation we need as part of the process to assess a claim. The seriousness of your injuries and how they impact your daily life and work capacity can provide some guidance.

Statistics are published by the Motor Accident Insurance Commission as to the number of claims made in a given period and including the average compensation payouts. In 2019-2020 more than 7000 claims were made with more than $650m paid by insurers in compensation, an average of around $100,000 per claim. Most claims were minor and settled for around $60,000, whereas persons with more serious injuries settled for well more than $100,000. Catastrophic claims settled for an average of $1million or more.

If the CTP insurer advises you that they will pay for your treatment and rehabilitation needs or the insurer accepts liability for the cause of the accident, the insurer will pay rehabilitation expenses provided they are:

  • Reasonable and appropriate,
  • Related to your injuries from the accident and
  • Are validated by original receipts.

Rehabilitation costs may cover physiotherapy, GP visits or return to work services. Further, the costs can cover radiology scans, treatment with specialists such as an orthopaedic surgeon and even a psychiatrist or psychologist, injections, surgery and the like.

AMK Lawyers has a vast network of specialists who we can recommend assisting you in identifying and treating your accident-related injuries. We take rehabilitation very seriously and it is our core focus in addition to obtaining the best settlement outcome.

Our team will work closely with you when it comes to rehabilitation. Discuss this further with the team during your consultation and see how we stand out from the crowd.

Many clients are concerned about whether their matter will end up in Court. This can cause anxiety and stress. The good news is that statistically speaking 99% of matters are resolved without the need to go to Court. As such, there is very little chance your matter will need to go to Court to be finalised.

Most matters are normally resolved at the compulsory conference with the CTP Insurer and failing this at a Mediation after a claim is instituted in Court. A claim being instituted in Court does not mean that your matter will go before a Judge, and there are many opportunities to resolve a claim in this stage. We will explain this further when we speak with you.

It can take around 12-18 months to resolve a CTP claim, but it can take up to 3 years.

Much will depend on the nature and extent of your injuries as the key evidence we need to resolve your claim comes in the form of Medico-Legal Reports. We cannot obtain such repots until your injuries are deemed stable and stationary (also known as maximum medical improvement).

For minor injuries and where there is no dispute as to who caused the accident, we can resolve such claims quicker, but if the injuries are severe and there are questions regarding the circumstances, it can take longer to finalise a claim.

The key factors which can impact the length of a claim are generally as follows:

  • The nature of the injuries.
  • The recovery time from such injuries.
  • The attitude of the CTP Insurer toward a settlement process.
  • Length of time it takes to obtain evidence in support of your claim.

At AMK Lawyers we can discuss the expected timeframe regarding your claim when you first chat to us.

No, it does not. CTP insurance only covers personal injuries resulting from a motor vehicle accident. However, as part of the services provided by AMK Lawyers, we will assist with property damage claims when you instruct us to proceed with your CTP Claim. Another great benefit of proceeding with AMK Lawyers.

If you were the driver totally ‘at fault’ for the accident you will be unable to make a CTP claim for compensation and will need to rely on sick leave, Centrelink benefits, Medicare and the public health system unless you have other insurance policies such as income protection or private health insurance.

CTP insurers may offer limited additional benefits of at-fault driver cover for serious injuries or death. Contact your insurer for details on policy coverage and exclusions.

If you have a serious eligible personal injury and your motor vehicle accident was after 1 July 2016, you may be able to access necessary and reasonable treatment, care and support through the National Injury Insurance Scheme Queensland (NIISQ).

Simply speaking, you will only be charged if you receive a settlement outcome. Our promise to you is that we are prepared to take the risk of running your claim, with absolutely no cost to you, if for whatever reason, your outcome is unsuccessful.

We will cover all the costs of running your claim, known as disbursements, until the successful settlement of your matter.

We are happy to help you make a claim on a No Win / No Fee basis. No interest, no uplift fees, no litigation lending arrangements and no surprises. We never charge any additional fees for taking on that risk, and this sets us apart from other law firms, who charge 25% uplift fees.

Other Resources

Please click here to download a Road to Recovery brochure developed by the Motor Accident Insurance Commission.
Please click here to download the Whiplash Injury Recovery guide developed by the University of Queensland and published by the Motor Accident Insurance Commission for information purposes only.

Disclaimer: This information is designed for general information in relation to Queensland compensation law and does not constitute legal advice. We strongly recommend you seek legal advice in regard to your specific situation. For help understanding your rights, please call 07 3136 3287 to talk to one of our lawyers today.