Address: Level 16 215 Adelaide St Brisbane, Qld 4000
Phone No: 07 3210 0373
Address: Level 16 215 Adelaide St Brisbane, Qld 4000 Phone No: 07 3210 0373Information about motor vehicle accident claims under the Queensland Compulsory Third Party (CTP) insurance scheme. Eligibility, time limits, and the heads of damage available are governed by Queensland law.
General information only. This page provides general information about Queensland personal injury law. It is not legal advice and does not address any individual circumstances. Reading this page does not create a solicitor–client relationship. Eligibility, time limits, and outcomes are determined by Queensland law and the facts of each matter.
A short summary of the topics covered below. Tap a heading to jump to the section.
This page is general information only — it is not legal advice.
Motor vehicle accident claims in Queensland are made against the at-fault vehicle’s Compulsory Third Party (CTP) insurer under the Motor Accident Insurance Act. The Motor Accident Insurance Commission (MAIC) regulates the scheme.
The Queensland CTP scheme covers persons injured in motor vehicle accidents, including drivers, passengers, motorcyclists, cyclists, and pedestrians. The scheme does not cover damage to property. Eligibility, fault, and the amount of compensation are determined according to Queensland law and the facts of each individual matter.
Jonathan C Whiting & Associates is a Brisbane-based legal practice. Principal Lawyer Jonathan C Whiting and Associate Lawyer Jeffrey Dalrymple practise in personal injury law in Queensland. Information about fees is provided on enquiry, in accordance with applicable professional cost disclosure obligations.
Whether a claim is available under Queensland law depends on the facts of each matter. These are the general factors a solicitor typically reviews.
How the accident occurred, the parties involved, and whether the relevant motor vehicles were registered under the Queensland CTP scheme.
Whether fault can be established against another party under Queensland law, and the extent (if any) of contributory negligence.
Whether an injury was sustained, its nature, and whether it has caused or is likely to cause ongoing impact, subject to assessment.
Whether the injury has resulted in losses or expenses of a kind recognised under Queensland law.
Whether the matter is within the time limits under Queensland law.
Statutory time limits apply under Queensland law. Whether a particular time limit applies, and whether any exception is available, is determined by the relevant statutes and the facts of each matter.
Under Queensland law, a Notice of Accident Claim Form must generally be lodged with the CTP insurer within 9 months of the accident, or within 1 month of first instructing a lawyer (whichever is earlier).
Under Queensland law, court proceedings for personal injury must generally be commenced within 3 years of the accident. Exceptions can apply.
For general information about Queensland motor vehicle accident claims, make an enquiry.
The following is a general description of how motor vehicle accident claims under Queensland law typically progress. The process for any individual matter depends on its facts.
For general information about the claim process under Queensland law, make an enquiry.
Legal fees and conditions of retainer are disclosed in writing in accordance with applicable professional cost disclosure obligations. Costs are discussed at the initial consultation, before any work on the matter is undertaken.
Queensland law provides for contributory negligence. Where a claimant is partly responsible for their injury, damages may be reduced proportionally. Whether contributory negligence applies, and the percentage of reduction, is determined on the facts of each matter.
Time to resolution depends on the complexity of the matter, the nature of the injuries, and the procedural steps required under Queensland law. Each matter proceeds on its own facts; general timeframes cannot be given without reviewing the matter.
MAIC is the Queensland statutory body that regulates the CTP insurance scheme. Notice of Accident Claim Forms are lodged in accordance with the scheme MAIC administers. MAIC also publishes information about the scheme for the general public.
The Queensland CTP scheme covers persons injured in motor vehicle accidents, including passengers, drivers, motorcyclists, cyclists, and pedestrians. A claim is made against the CTP insurer of the at-fault vehicle, in accordance with the scheme.
A CTP injury claim is paid by the CTP insurer of the at-fault vehicle. It is a statutory scheme that operates separately from comprehensive or third-party-property motor vehicle insurance. The interaction between a CTP claim and other insurance depends on the facts of the matter.
For general information about Queensland personal injury law, please complete the form below, or telephone 07 3210 0373.
Jonathan C Whiting & Associates · Level 16, 215 Adelaide Street, Brisbane Qld 4000 · Office 07 3210 0373 · Mobile 0411 856 798
