Motor vehicle accident claims in Queensland.
CTP claims for drivers, passengers, motorcyclists, cyclists and pedestrians injured in Queensland road accidents.
A road accident stops being a traffic event and becomes a legal matter the moment someone is injured. The question that follows is not whether there is a framework for it. There is. Queensland’s compulsory third-party scheme covers every registered vehicle on the road and every person the at-fault driver injures.
The more useful question is: which insurer is responsible, what evidence is needed, and what does the process look like from notice of claim through to resolution?
Claims run under the Motor Accident Insurance Act 1994 (Qld). The CTP insurer of the at-fault vehicle pays the claim, not the driver personally. Where the at-fault vehicle is unidentified or uninsured, the Nominal Defendant scheme administered through MAIC steps in.
Fraser Lawyers acts for individuals across Queensland in CTP matters. The principal is Blake Fraser, admitted as a solicitor of the Supreme Court of Queensland in 2013.
What happens after you are charged.
The Queensland framework that applies in CTP motor vehicle accident matters:
- Motor Accident Insurance Act 1994 (Qld). The principal statute governing the Queensland CTP scheme. Sets out the pre-court process: notice of claim, exchange of medical and financial material, compulsory conference and offers. The Nominal Defendant provisions are also in this Act.
- Civil Liability Act 2003 (Qld). Rules on duty of care, contributory negligence and damages assessment. Applies alongside the Motor Accident Insurance Act; a person partly at fault for the accident may still claim, with damages reduced proportionally.
- Limitation of Actions Act 1974 (Qld). The general limitation period for personal injury claims is three years from the date of injury. Earlier notice deadlines apply under the CTP scheme itself.
- Civil Proceedings Act 2011 (Qld). The procedural framework for CTP matters that do not resolve at compulsory conference and proceed to trial.
- Legal Profession Act 2007 (Qld). Section 308 requires written costs disclosure before any work begins. Section 347 sets specific rules for personal injury work.
Deadlines and risks.
CTP claims have layered deadlines. Getting any one of them wrong can complicate what would otherwise be a straightforward matter.
A Notice of Accident Claim Form must usually be lodged within nine months of the accident, or within one month of consulting a lawyer, whichever comes first. Where the at-fault vehicle is unidentified, the period for notifying the Nominal Defendant is three months from the accident, shorter and strictly applied.
The general limitation period to commence court proceedings is three years under the Limitation of Actions Act 1974 (Qld). Delays beyond the notice periods require explanation and may require a court application. The practical consequence of a missed deadline is not always fatal, but it creates a problem that did not exist before, and that is avoidable.
Telling us early does not commit you to anything. It gives more options.
How Fraser Lawyers acts in these matters.
We do not make extravagant promises about outcomes. No competent lawyer should.
What we do is identify the claim type, check which insurer is responsible, advise on the notice requirements, coordinate the medical evidence, and run the pre-court process through to compulsory conference and exchange of offers.
We tell you in writing where the file is at each stage. We explain what the evidence shows, what the insurer has said, and what the realistic range of outcomes looks like. We answer questions plainly, in language that does not require a separate explainer.
If the matter does not resolve pre-court, we advise on the decision to issue proceedings and, if those proceedings are filed, we run them.
The likely path.
Step 1 — Initial call
You call or send a short enquiry. We confirm the date of accident, the circumstances, and any immediate steps needed, including whether a police report is required and what the notice deadline is.
Step 2 — Notice of claim
We prepare and lodge the Notice of Accident Claim Form with the CTP insurer of the at-fault vehicle, or the Nominal Defendant if the vehicle is unidentified. We identify the correct insurer and confirm coverage.
Step 3 — Medical evidence
We coordinate the medical evidence: your treating doctors, any specialist reports, and the independent medical examination that the insurer will arrange. You do not chase the medical process. We manage it and tell you what each report says.
Step 4 — Financial evidence
We gather the supporting material for the economic loss component of the claim: employment records, payslips, tax returns, any evidence of care provided to you or expenses incurred.
Step 5 — Compulsory conference
Under the Motor Accident Insurance Act 1994 (Qld), the claim must proceed to a compulsory conference before court proceedings can be issued. This is the principal settlement forum. Most CTP claims resolve here.
Step 6 — Resolution or proceedings
If the matter resolves at conference, we advise on the offer and, if it is appropriate, execute the settlement. If it does not resolve, we advise on whether to issue court proceedings and, if so, run them.
Questions we hear often.
Plain-English answers to the questions clients tend to ask. If your question is not here, call us.
Get in touchWho pays my claim: the driver who hit me, or their insurer?
The CTP insurer of the at-fault vehicle pays the claim, not the driver personally. Every registered vehicle in Queensland carries CTP cover automatically; the cost is included in registration. Where the at-fault vehicle is not identified or is uninsured, the Nominal Defendant scheme administered through MAIC takes the role of the insurer.
How long do I have to lodge a claim?
A Notice of Accident Claim Form must usually be lodged within nine months of the accident, or within one month of consulting a lawyer, whichever comes first. For an unidentified vehicle, the Nominal Defendant notification period is three months. The general limitation period to commence proceedings is three years under the Limitation of Actions Act 1974 (Qld). Delays beyond the notice periods require explanation and may need a court application.
What if I was partly at fault for the accident?
A claim can still be made. Under the Civil Liability Act 2003 (Qld), damages are reduced for contributory negligence by a percentage assessed on the facts. Partial fault does not bar the claim. We discuss this on the first call when there is any question about who did what.
Will I have to attend a medical examination?
Most CTP claims involve medical examinations arranged by both sides. The insurer will organise an independent medical examination as part of assessing the claim. We coordinate the medical evidence on your side. You do not chase doctors or insurers. We explain each report and what it means for the claim.
Will my claim go to court?
Most CTP claims resolve at or before the compulsory conference, which is required under the Motor Accident Insurance Act 1994 (Qld) before court proceedings can be issued. Court is the minority pathway. We tell you in writing where the file is at each stage and, if court becomes a realistic option, we explain what that involves and what it costs.
What if my injury did not involve another vehicle?
Some injuries in or around vehicles fall outside the CTP scheme. Slipping on a service-station forecourt, being injured in a car park without vehicle interaction, or injury caused by a defective premises rather than a moving vehicle, these are public liability claims, not CTP claims. They run under Part 1 of the Personal Injuries Proceedings Act 2002 (Qld). We assess on the first call which framework applies to the circumstances.
Talk to Fraser Lawyers about your motor vehicle accident matter.
An initial call or email is the fastest way to know whether we can help and what the next step looks like. Fraser Lawyers is based at 86 Bundall Road, Bundall QLD 4217. We answer the phone Monday to Friday, 8:30 to 5:00.
Visit us in Bundall.
Five minutes from Surfers Paradise, ten from Robina. On-site parking. Talk to us about your matter; we will tell you what we think and what the next step is.
- Office86 Bundall Road, Bundall QLD 4217
- Phone(07) 5554 6116
- Email[email protected]
- HoursMonday to Friday, 8:30am to 5:00pm