Queensland's CTP scheme is a fault-based scheme with a fixed procedure. That cuts both ways: it gives claimants firm rights against the insurer, and it imposes firm obligations on them. Here is the sequence the Motor Accident Insurance Act 1994 sets out.

Key points

  • A CTP claim is made against the at-fault vehicle's CTP insurer, not the driver, starting with a Notice of Accident Claim.
  • The insurer must acknowledge within 14 days, respond on liability within six months, and fund reasonable rehabilitation once liability is admitted.
  • Both sides disclose their evidence, attend a compulsory conference and exchange final offers; court follows within 60 days only if it does not settle.

Who is the claim against?

The CTP insurer of the vehicle whose driver was at fault. Every registered Queensland vehicle carries CTP insurance; the registration plate identifies the insurer. If more than one driver was at fault, the claim can be made against each insurer. If the vehicle cannot be identified or was unregistered, the claim is against the Nominal Defendant. The at-fault driver is not personally sued and does not pay.

Step 1: the Notice of Accident Claim

The claim starts with a prescribed form served on the insurer, with a copy of the police report, a medical certificate, and your authority for the insurer to obtain records. It must be given within nine months of the accident or the first symptoms, or within one month of your first consultation with a lawyer about the claim, whichever is earlier. A late notice must explain the delay, and the insurer can waive or contest it.

Step 2: the insurer's response

Within 14 days the insurer must tell you whether the notice complies. Within six months it must tell you in writing whether it admits or denies liability, in whole or in part. If it denies, it must give reasons. A denial is the start of a dispute, not the end of the claim.

Step 3: rehabilitation

Once liability is admitted, even partly, the insurer must fund reasonable and appropriate rehabilitation: treatment, physiotherapy, psychology, equipment. It can also fund treatment before admitting liability. The Act obliges both sides to cooperate in rehabilitation, and a claimant who unreasonably refuses treatment can have their compensation reduced. If the insurer refuses treatment your doctors recommend, the decision can be challenged, and MAIC's claims management standards govern how insurers must handle requests.

Step 4: evidence and disclosure

Both sides must disclose the documents relevant to the claim: medical records, reports, employment and financial records on your side; the insurer's investigation, statements and any surveillance on theirs. The insurer can require you to attend independent medical examinations, within reason. Your own specialists' reports, obtained once the injury has stabilised, set the value of the claim.

Step 5: the compulsory conference

Before proceedings can be started, the parties must attend a compulsory conference. Each side certifies its readiness, exchanges the material it will rely on, and attends with authority to settle. If the claim does not settle at the conference, each side must make a written mandatory final offer that stays open for 14 days. Those offers matter later: a party who does worse at trial than the other side's final offer can be ordered to pay costs.

Step 6: court

If the final offers are not accepted, proceedings must be started in court within 60 days of the conference, and in any event within three years of the accident. Most claims never reach this step, and most of those that do settle before trial.

What the compensation covers

Treatment and rehabilitation, past and future; lost income and reduced earning capacity, with superannuation; care and assistance above the legal threshold; and general damages for the injury itself, assessed under the Civil Liability Act's injury scale. CTP does not cover damage to vehicles.

Frequently asked questions

Who pays a CTP claim in Queensland? The CTP insurer attached to the at-fault vehicle's registration. Queensland's licensed CTP insurers pay claims; the driver is not sued personally.

What happens if the CTP insurer denies liability? It must give written reasons within six months of the notice. A denial is disputed through the same pre-court process and, if necessary, in court; a denial is not necessarily the end of the claim.

Does CTP cover damage to my car? No. CTP covers injury to people only. Vehicle damage is claimed against the at-fault driver or their property insurer separately.

Sources

  • Motor Accident Insurance Act 1994 (Qld), ss 31 (Nominal Defendant), 37 (notice), 39 (insurer's response), 41 (liability response), 45–46 (duty to cooperate and disclosure), 51 (rehabilitation), 51A–51D (compulsory conference and mandatory final offers), 57 (limitation) — legislation.qld.gov.au
  • Motor Accident Insurance Regulation 2018 (Qld) — legislation.qld.gov.au
  • Motor Accident Insurance Commission, Claims process and forms — maic.qld.gov.au
  • Civil Liability Act 2003 (Qld), Chapter 3 — legislation.qld.gov.au