Queensland Motor Vehicle Accident (CTP) Claims – Need to Know facts

All motor vehicle owners in Australia are required to take out a compulsory third-party (“CTP”) insurance against liability for the death or personal injury of others arising out of motor vehicle accidents.  

If a person suffers a personal injury as a result of the negligent driving of an unidentified or uninsured vehicle, a claim can be made against the Nominal Defendant. If the vehicle is uninsured, the accident must have occurred on a road or in a public place for the Nominal Defendant to be liable.  

tor Accident Insurance Act 1994 (Qld), a person can receive compensation through a negligence claim for personal injury or wrongful death. A person can make a common law motor vehicle accident claim if: 

They suffered an injury; 

     – Their injury was due to another driver’s failure; and 

     – The accident occurred in Queensland.  

Examples of driver negligence include: 

     – Drug and alcohol impairment;  

     – Fatigue;  

     – Speeding;  

     – Distracted driving (manual distraction (such as texting), visual distraction (watching a screen instead of the road), or cognitive distraction (such as talking to someone, even on a hands-free device)); and  

     – Tailgating.  

In regards to damages, an eligible injured person could claim for damages such as:  

     – the cost of medical treatment;  

     – the cost of rehabilitation; 

     – loss of income (past and estimated future); 

     – the cost of care and support services; and  

     – general damages (pain and suffering).