What is CTP insurance?
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.
Motor Accident Insurance Act 1994 Section 5
What claims a CTP insurance policy covers in Queensland, is set out in Section 5 of the Motor Accident Insurance Act 1994 below.
(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?
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.
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.
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If you have been injured as a result of any vehicle such as car, bike or boat accident, or whilst at work, on holiday, or in many other situations you believe was caused by someone else's wrongful act or negligence, you may be entitled to compensation. Even if you think your actions may have contributed to your injury, you may still have a claim well-worth pursuing. Chat, call, email, or let us assess your claim, just press the button below. There is no cost, and no obligation.