CTP insurance is a reference to Compulsory Third Party insurance. This insurance is compulsory for all motor vehicles being driven on roads in Queensland and is included in the annual registration costs for the vehicle. This insurance covers claims made by persons injured by a motor vehicle due to the wrongful act or omission of a person in relation to the insured vehicle.
It is an offence to drive a vehicle that does not have CTP insurance, and if a motorist is found to be driving a vehicle that is not insured, they will be at risk of being subject to quite substantial penalties.
If you are injured in a motor vehicle accident or as a pedestrian, and the at-fault vehicle does not hold CTP insurance, then as long as the accident occurs on a road or in a public place, the Nominal Defendant steps in to act as the CTP insurer in relation to your claim for injuries sustained in the accident. It is noted however, that where a vehicle has had CTP insurance but it has just lapsed, then the CTP insurance extends for one month past the expiry date and the CTP insurer for the vehicle must indemnify in respect to any motor accident injury claims made within that one month grace period, no matter that the insurance was lapsed at the time of the accident.
Where a vehicle is unregistered at the time of an accident and is therefore not covered by CTP insurance, and the driver of the unregistered vehicle is at fault for the accident, then as stated above, the Nominal Defendant will step in to act as the CTP insurer in any claims made for injury sustained by persons in the other vehicles involved in the accident, or passengers in the unregistered vehicle (as long as the accident was on a road or in a public place). However, the Nominal Defendant may then seek recovery of the costs of any claims made against the driver or owner of the vehicle that was unregistered and did not hold CTP insurance.
If the accident occurred on private property and the vehicle at fault was unregistered and therefore there was no CTP insurance on the vehicle, then the Nominal Defendant does not act as the CTP insurer and you will need to bring your claim against the driver of the vehicle at fault personally.Whether such a claim would be worthwhile pursuing in such circumstances will depend on whether the driver at fault has any funds or assets to meet your motor accident claim or holds any public liability insurance that responds to the claim.
What claims a CTP insurance policy covers in Queensland is set out in Section 5 of the Motor Accident Insurance Act 1994:
MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 5
5 Application of this Act
(1) This Act applies to personal injury caused by, through or in connection with a motor vehicle if, and only if, the injury—
(a) is a result of—
(i) the driving of the motor vehicle; or
(ii) a collision, or action taken to avoid a collision, with the motor vehicle; or
(iii) the motor vehicle running out of control; or
(iv) a defect in the motor vehicle causing loss of control of the vehicle while it is being driven; and
(b) is caused, wholly or partly, by a wrongful act or omission in respect of the motor vehicle by a person other than the injured person.
(2) For an uninsured motor vehicle, subsection (1) applies only if the motor vehicle accident out of which the personal injury arises happens on a road or in a public place.
(3) However, this Act does not apply to personal injury caused by, through or in connection with—
(a) a tractor, backhoe, bulldozer, end-loader, forklift, industrial crane or hoist, or other mobile machinery, other than an agricultural machine; or
(b) an agricultural machine; or
(c) a motor vehicle adapted to run on rail or tram tracks; or
(d) an amphibious vehicle; or
(e) a motor vehicle of a class prescribed by regulation;
unless the motor vehicle accident out of which the injury arises happens on a road.
(4) For subsection (1)(b), the reference to a wrongful act or omission in respect of the motor vehicle does not include the use of the motor vehicle at the particular time it is being used for the actual doing of an act or making of a threat that is an act of terrorism.
(5) The following is an example of a particular time when a motor vehicle is not being used for the actual doing of an act that is an act of terrorism—
A is the driver of a motor vehicle from which a bomb is thrown at a government building. It is established that at the time the bomb is thrown the motor vehicle is being used for an act of terrorism. In driving away from the building after the bomb is thrown, A runs into a motor vehicle being driven by B. At the time A's motor vehicle runs into B's motor vehicle A's motor vehicle is not being used for the actual doing of an act of terrorism.
(6) Subsection (4) only applies to an act of terrorism happening on or after 1 January 2002.
Have you been injured in a car accident, motorcycle, truck or other motor vehicle accident, or as a cyclist or pedestrian?
If so, then you need to speak to a personal injury expert who specialise in motor accident injury claims. Even if you have suffered what you consider to be only minor injury, it is important you realise that minor injuries now, can turn into real problems later on when it may very well be too late to pursue a claim. You should seek legal advice now to ensure you are not placing yourself and your family at risk in the future.
In some cases, motorists, cyclists or pedestrians think that they may have contributed in some way to the traffic accident occurring and are then hesitant to make a claim for their injuries, but you should be aware that this is not in any way fatal to your claim. You are still entitled to compensation for your injuries for the negligence of the other driver or drivers involved, and if there has been some contribution on your part to the accident, then it will only result in a percentage reduction in your damages award. For more information on this topic, go to our website at the following link: What is Contributory Negligence
The Personal Injury Lawyers have been handling all forms of claims for motor accident victims for more than 30 years. Whether you have been injured in an accident involving a motorcycle, scooter, moped, car, truck, semi-trailer or any other type of motor vehicle, including a bicycle accident or as a pedestrian, we will be able to assist you with your claim.
It is important to remember when seeking legal representation for your case, that there are many legal firms who do not have the expertise or experience in Queensland motor accident claims to properly undertake your case to ensure you receive all of the compensation you are entitled to. With 30 years of experience behind us, lawyers trained by Accredited Specialists in motor accident law, and a reputation for taking a strong stand with insurers, we will strive to achieve the bests results for your claim possible.
We are a No Win No Fee firm which means that we will pursue your claim without any upfront payment whatsoever, and we will only be entitled to payment of our professional costs and outlays if we achieve compensation for your claim. To learn more about our No Win No Fee policy in relation to your motor accident injury claim, please click on the following link on our website: NO WIN NO FEE
The Personal Injury Lawyers, undertake home and hospital visits and can visit you outside normal office hours. We are available to provide expert advice to you 24/7 by phone, webform and email enquiries.
If you have been involved in a motor vehicle accident and you have suffered injury, even minor injury, you should contact The Personal Injury Lawyers as soon as possible to discuss your case on 1300 782 202 or you can submit one of our Case Assessment forms on our website. Your consultation will be at no charge to you, totally confidential and obligation free. And remember, strict time limits apply to motor accident claims in Queensland so it is important that you take steps to pursue your claim as soon as possible.