Dealing with the aftermath of a motorcycle accident can be stressful but understanding Queensland’s CTP (Compulsory Third Party) insurance system can help you regain control.
We’re here to guide you through the entire process so you get the best shot at a successful outcome without the extra stress. But if you’re not sure about your immediate next steps after an accident, check out our guide on what to do if you’re involved in an accident first.
Quick Overview
If you’re short on time, here’s the gist:
- CTP Insurance: The mandatory insurance is included in your vehicle registration.
- CTP Claim: A compensation claim for personal injuries, not vehicle damage.
- Eligibility: You may be eligible if:
- The accident was caused wholly or partly by another vehicle.
- You sustained injuries and suffered financial or personal losses.
- Compensation Covers:
- Loss of income
- Treatment expenses
- Care and assistance
- Pain and suffering
- Claim Timeline: Claims typically take around 18 months, though this varies by case.
- Who Pays? The claim is against the CTP insurer of the at-fault vehicle, not your own insurer.
Now let’s dive deeper.
What is CTP Insurance and Why Does it Matter?
CTP (Compulsory Third Party) insurance is required for all registered vehicles in Queensland. It covers personal injury expenses for anyone hurt in an accident, including:
- Drivers
- Passengers
- Pedestrians
- Motorcyclists
However, CTP doesn’t cover vehicle damage—it’s solely for personal injuries. Its purpose is to help injured people recover and move forward after an accident.
Who Oversees CTP Claims?
The Motor Accident Insurance Commission (MAIC) manages Queensland’s CTP scheme. They ensure claims are handled fairly and injured people get the compensation they’re entitled to under the law.
What Compensation Can I Claim?
The amount of compensation depends on how serious your injuries are and how they affect your life. Common categories include:
- Medical and Rehabilitation Costs
- Lost Income and Superannuation
- Pain and Suffering
- Support Services
- Out-of-Pocket Expenses
Am I Eligible to Make a CTP Claim?
To make a CTP claim, you generally need to meet these criteria:
- Fault: You weren’t at fault or only partially at fault. If partially at fault, your payout may be reduced.
- Injury Documentation: You must have proof of your injuries (e.g., medical reports).
- Timeliness: File your claim within 9 months of the accident. Filing sooner helps keep evidence fresh.
There are all sorts of ways that you might meet this criteria. Here are a few examples.
Examples of When You Can Make a Claim
Still unsure? Here are some real-life scenarios:
Example 1: Motorcycle vs Car
You’re riding safely when a car crosses into your lane and collides with you. You sustain injuries. The car driver was negligent. You’re eligible to claim
Example 2: Pillion Passenger Accident
You’re a passenger on a motorcycle and the rider loses control, causing both of you to crash. The rider was at fault. You’re eligible to claim.
Example 3: Family Member of Deceased
Your spouse is riding legally when a truck fails to give way and causes a fatal accident. You suffer psychological harm as a result. The truck driver’s negligence caused the crash. You’re eligible to claim.
Unsure If You Qualify? Let Us Help
If you’re not sure whether you meet the criteria, don’t worry. Our team at Motorcycle Law can help:
- Evaluate your case for free.
- Answer your questions.
- Estimate your potential payout.
Who Is the Claim Against?
Your claim is made against the CTP insurer of the at-fault vehicle, not your own insurer or the driver personally.
Here’s how it works:
- The at-fault driver’s CTP insurer covers the compensation.
- The driver or rider does not pay out of their own pocket.
This system ensures injured parties are compensated without creating financial hardship for individuals involved in the accident.
What Compensation Can You Claim?
Compensation varies based on your circumstances but typically covers:
1. Economic Loss
- Lost wages or income
- Use of sick leave
- Loss of business opportunities
2. Treatment Costs
- Surgery and hospital stays
- Physiotherapy or rehabilitation
- Psychiatric care and counselling
3. Domestic Services
You may be compensated for any domestic services you received (including, sometimes, assistance you received for free from friends and family).
4. General Damages
You may be compensated for pain, suffering and loss of enjoyment of life.
5. Additional Costs
There are other categories of compensation, such as other out-of-pocket expenses, workplace adjustments, vehicle modifications, home modifications, and more.
The exact type of compensation you may be eligible for depends on your specific circumstances.
How to Start a CTP Claim
The process varies slightly depending on your situation but here’s a general roadmap:
Step 1: Report the Accident
Notify the police about the accident as soon as possible. A police report is essential for your CTP claim, as it verifies the incident and your involvement.
Why It’s Important:
Under the Motor Accident Insurance Act 1994 (Qld), all claimants must ensure the police have been notified of the accident.
How to Notify Police:
- Contact your nearest police station; or
- Submit a “Report of Traffic Incident to Police” form. Find the form here.
Tip: Keep a copy of the police report or reference number for your records. It strengthens your claim and ensures compliance with legal requirements.
Step 2: Seek Legal Advice
Studies show that claimants with legal support receive settlements up to 3 times larger, even after legal fees.
An experienced lawyer takes care of every detail, from organising paperwork to negotiating with insurers, helping you avoid common mistakes that could reduce your payout or delay the process.
Step 3: Complete the Claim Form
You’ll need to fill out a Notice of Accident Claim Form to officially begin the claims process.
Key Tips for Completing the Form:
- Be honest and accurate—providing false information can lead to penalties and harm your claim.
- Attach all required documents, such as medical reports and evidence of expenses.
Step 4: Identify the CTP Insurer
Your claim will be lodged with the CTP insurer of the at-fault vehicle.
How to Identify the Insurer:
- Ask the police for the information.
- Use the MAIC’s online search tool.
If you’re struggling to identify the insurer, contact us for assistance—we’ll help you determine the right insurer to contact.
Step 5: Lodge Your Claim Form With the CTP Insurer
Once your Notice of Accident Claim Form is complete, submit it to the at-fault vehicle’s insurer.
Ways to Lodge the Form:
- Post
- Online via this portal
Step 6: Negotiate and Settle the Claim
After submitting your claim, the insurer will investigate your case. Your lawyer will negotiate with the insurer to secure a fair settlement.
Why Negotiation Matters:
- Most claims are settled out of court.
- Skilled lawyers can ensure you receive fair compensation without prolonged disputes.
Stat Fact: 67% of cases settle without court intervention, thanks to effective legal negotiation.
Step 7: Litigation (if required)
If the insurer disputes your claim or a fair settlement cannot be reached, the case may proceed to court.
What Happens in Litigation:
- Your lawyer will present your case and advocate for the best possible outcome.
- Court cases often result in significantly larger payouts but they are rare.
Step 8: Receive Lump Sum Payout
Once your claim is resolved, you’ll receive a lump sum payment to cover:
- Medical expenses
- Lost income
- Rehabilitation costs
- General damages (pain and suffering)
What Happens Next?
After lodging your claim, the insurer will review your submission.
Insurer Response:
- They’ll notify you if your form complies with the rules.
- If anything is missing or incorrect, they’ll request additional information or corrections.
Tip: Promptly respond to insurer requests to avoid delays.
How Long Does a CTP Claim Take?
On average, claims take around 18 months but timelines depend on factors like:
- Injury severity
- Recovery progress
- Case complexity
Questions? We’re Here to Help
CTP claims can feel overwhelming but you don’t have to handle them alone. With over 30 years of combined experience, our team at Motorcycle Law Queensland is here to guide you through every step of the process.
It’s often challenging to gather the right information and know exactly what to include in your Notice of Accident Claim Form. If you’re unsure about any part of the process, feel free to contact us.
Free Consultations: Our initial consultations are free and we’re happy to provide pointers to help you get back on track.
Friendly Support: Our approachable team is here to answer your questions and make the process as stress-free as possible.
Our No-Win, No-Fee Guarantee
We operate on a 100% no-win, no-fee basis. This means you only pay if we win your case, giving you peace of mind as you focus on recovery.
Frequently Asked Questions
How much can I receive for a successful CTP claim after a motorcycle accident?
In Queensland, the payout depends on the severity of your injuries:
Minor injuries: Average around $82,000.
Serious injuries: Up to $358,000 or more.
Severe injuries requiring long-term medical care: Compensation can exceed these amounts, covering ongoing treatment and rehabilitation.
What compensation can I claim if I’m involved in a hit-and-run accident?
If the at-fault driver can’t be identified, you may still be eligible for compensation through Queensland’s Nominal Defendant Scheme. This scheme protects injured riders in hit-and-run incidents. However, time limits are strict, so getting legal advice quickly is essential.
Can I claim compensation if I was injured in a motorcycle accident while trying to avoid a public obstacle?
Yes, you may still be eligible for a CTP claim if you can prove:
The public obstacle was dangerous.
The accident wouldn’t have occurred otherwise.
Public liability claims in these cases can be complex, so legal support is strongly recommended.
What is the process for filing a property damage claim after a motorcycle accident?
CTP insurance only covers personal injury, not property damage such as motorcycle repairs. To claim property damage, you can:
File a claim against the at-fault driver’s insurance; or
Use your own comprehensive insurance policy.
In hit-and-run cases, property damage coverage depends on your policy.
What if the at-fault driver didn’t follow road rules, causing my accident?
If the other driver breached road rules (e.g., speeding or failing to yield), it strengthens your CTP claim. Use evidence like:
Witness statements
CCTV footage
Police reports
These details can significantly improve your chances of securing full compensation.
What is the time limit for filing a CTP claim in Queensland?
You generally have three years from the accident date to file a CTP claim. However:
Start within nine months to preserve evidence.
Ideally, lodge your claim within one month of consulting a lawyer.
Does CTP cover the at-fault driver?
Yes, CTP provides medical and rehab coverage for at-fault drivers for up to 6–12 months, based on the state’s insurance scheme.
How long does a CTP claim take in Queensland?
Simple claims may settle in 6 months, while more complex cases typically resolve within 12–18 months.
What if I don’t know the registration number of the at-fault vehicle?
You can still file a claim through the Nominal Defendant Scheme but strict deadlines apply. Seek legal advice as soon as possible to avoid missing out.
Can I claim compensation for a fatal accident?
Yes, if someone dies due to negligence, their dependents may file a fatality claim. This can cover:
Loss of financial support.
Emotional distress or psychiatric harm.
If you have questions about filing a claim, reach out to Motorcycle Law Queensland for expert advice.