Two entirely different insurance systems respond to a motor vehicle accident in Queensland.

Most people involved in a serious motor vehicle accident discover, often for the first time, that Queensland runs two parallel insurance regimes. Compulsory third-party insurance, known as CTP, responds to personal injury claims. Comprehensive or third-party property insurance responds to vehicle damage and property loss. The two systems are administered separately, governed by different legislation, and subject to different rules on notice, liability, and dispute resolution. Confusing them, or assuming one covers what the other does not, is a common and costly mistake.

This article covers the CTP scheme for personal injury claims, the notice requirements that apply, how liability is assessed, and what the limitation period means for someone injured in a crash in Queensland.

What CTP insurance covers and what it does not.

Every registered motor vehicle in Queensland must carry compulsory third-party insurance under the Motor Accident Insurance Act 1994 (Qld) (MAIA). CTP covers personal injury claims arising from the use of the insured vehicle. It pays compensation for death, physical and psychological injury, lost wages, medical expenses, and the cost of care and assistance, where liability is established.

CTP does not cover damage to vehicles or property. A person whose car is written off in an accident caused by another driver pursues that claim separately, through the at-fault driver’s comprehensive insurer if they have one, or through QCAT for property damage claims up to $25,000 if they do not. The CTP scheme is exclusively concerned with human harm.

The insurer that responds to a CTP claim is the CTP insurer of the at-fault vehicle. In Queensland, CTP insurance is provided by approved insurers and the insurer is identified by the vehicle’s registration. If the at-fault vehicle is uninsured or cannot be identified, the Nominal Defendant, a statutory entity established under MAIA, steps in to respond to the claim.

The notice requirements: strict deadlines that cannot be ignored.

One of the most consequential features of the Queensland CTP scheme is the notice of claim requirement under MAIA s 37. The deadlines are strict. A claim lodged outside the applicable timeframe may be rejected, leaving an injured person without recourse against the CTP insurer.

The timeframes depend on the circumstances of the claim.

For a claim against an identified, insured vehicle: the notice of claim must be given within nine months of the date of the accident, or, if symptoms of the injury were not immediately apparent, within nine months of the first appearance of symptoms. However, if the injured person consults a solicitor, the notice must be given within one month of that first consultation, if that one-month period expires before the nine-month period. In practice, this means that consulting a solicitor triggers an obligation to lodge the notice of claim almost immediately.

For a claim against the Nominal Defendant, where the vehicle cannot be identified or is uninsured: the notice must be given within three months of the accident, or three months from when symptoms first appeared.

These deadlines apply regardless of whether the claimant was aware of them. A court may grant leave to proceed outside the timeframe in limited circumstances, but the grounds for doing so are narrow and relief is not guaranteed. Lodging the notice promptly after the accident, rather than waiting to understand the full extent of injuries, is almost always the correct approach.

How liability is assessed under the CTP scheme.

The CTP scheme is fault-based. A claimant must establish that the driver of the insured vehicle was negligent and that the negligence caused the injury. The negligence standard is the same as in any other personal injury claim: would a reasonable driver in that person’s position have acted differently? Relevant conduct includes speeding, failing to give way, driving while fatigued or distracted, and failing to maintain a vehicle in a roadworthy condition.

The Civil Liability Act 2003 (Qld) applies to the assessment of damages in CTP claims. Contributory negligence under CLA s 23 is a live issue in motor accident cases: a passenger who was not wearing a seatbelt, a pedestrian who crossed mid-block without looking, a cyclist who was riding without lights at night. Where the claimant’s own conduct contributed to the injury, damages are reduced proportionately. A reduction of 25% for failure to wear a seatbelt is well within the range of findings in Queensland cases.

All drivers have a duty of care to other road users: other drivers, passengers, cyclists, and pedestrians. That duty does not disappear because the at-fault driver also suffered injuries, or because the accident occurred in difficult conditions. The standard is what a reasonable driver would have done in those conditions, not an idealised standard applied with the benefit of hindsight.

General damages in motor accident claims: the ISV framework.

For personal injury claims arising from motor vehicle accidents, general damages (pain, suffering, and loss of amenity of life) are assessed under the Injury Scale Value framework established by the Civil Liability Act 2003 (Qld). The ISV framework assigns a numerical value to the dominant injury on a scale from 0 to 100, with secondary injuries contributing additional value. That ISV is then converted to a dollar amount using a legislative multiplier that is adjusted annually.

The ISV framework applies specifically to the general damages component. Economic losses, being past and future lost wages, medical expenses, and care costs, are assessed separately on the ordinary damages principles that apply to personal injury claims generally.

Vehicle damage and the separate property claim.

If another driver caused your accident and your vehicle was damaged, your property claim is separate from the CTP personal injury claim. If the at-fault driver has comprehensive insurance, their insurer will typically handle the property damage claim directly. If they do not, you may pursue the at-fault driver personally through QCAT for claims up to $25,000, or through the courts for larger amounts.

Your own comprehensive insurance (if you have it) may also respond to the vehicle damage, subject to your excess and the terms of your policy. Making a claim on your own policy does not affect your right to pursue a CTP claim for personal injury separately.

The actions taken at the scene and in the days following a crash affect both the insurance position and the evidentiary record for any subsequent claim. Certain steps consistently matter.

At the scene: ensure safety, call emergency services where anyone is injured, and exchange details with the other driver including their name, address, vehicle registration, and insurer if known. Photograph the vehicles, the scene, any visible injuries, and any relevant road or environmental conditions. Record the names and contact details of witnesses before they leave.

In the following days: seek medical attention even if injuries seem minor at the time, because some injuries, including soft tissue damage and psychological effects, are not immediately apparent. Report the accident to your own insurer. Obtain legal advice, and be aware that consulting a solicitor triggers the one-month notice deadline under MAIA s 37(2). Do not give any recorded statement to the at-fault driver’s insurer before obtaining advice on what that statement may be used for.

For more detail on how Queensland motor vehicle injury claims work from notice to settlement, see the motor vehicle accidents page, and the broader personal injury services page.

If you would like to discuss your matter, you can book a consultation or call (07) 5554 6116.