CTP Claims - who do I make a claim against after an accident that is not my fault?

If you have been injured through no fault of your own, there are options available to you to seek compensation for your losses. Whether it be a motor vehicle accident, workplace accident or an injury that occurs on someone’s property or even council land, common law allows you to seek compensation for the losses that arise from your injuries, in the event you can prove the negligence of a third party.

So, who are you “suing”? We have previously looked at compensation claims brought against an employer’s insurer, so let’s now have a look at car accidents.

Motor Accident Insurance Act 1994

It you are in a motor vehicle accident and you are not at fault, you can bring a claim for compensation for your injuries. We often answer questions from anxious clients about suing the at fault driver and whether it is the “right thing to do”, “do they have enough money?”, “will I send them bankrupt?” amongst other concerns.

Whilst the at fault driver will be named in your Notice of Accident Claim Form (and Claim and Statement of Claim, if necessary) all procedural steps, investigations and negotiations are dealt with by your solicitor and the insurance company.

CTP insurance in Queensland is an included component of insurance when you lawfully register your vehicle. It is not an insurance attached to a person or a driver, but rather the vehicle.

“But the at fault driver’s vehicle was not registered…”

Have you heard of the Nominal Defendant? The Nominal Defendant is a statutory body designed and intended to help injured claimants in the event that the vehicle that causes the accident is not registered and therefore uninsured. It is a further safety net available to injured persons.

What is important to note however, is if the at fault vehicle cannot be identified, say if it were a hit and run accident, strict and shorter time limits apply when notifying the Nominal Defendant of the accident and subsequent claim. A number of investigative measures also need to be met in order to prove that due search and enquiry has been performed in an attempt to locate the at fault vehicle/driver.

What is covered through CTP insurance claims?

Luckily in Queensland, the CTP scheme is designed to cover you for any losses as a result of injuries that you sustained in the accident. This can include:

• Time off work (economic loss for both the past and future, including superannuation)
• Medical and rehabilitation costs
• General pain and suffering
• Ongoing care

It is important to note that your CTP claim is completely different and separate to any comprehensive insurance claim you may have. If you have comprehensive insurance, this is not usually included in the CTP claim. Your CTP claim is to compensate you for your injuries and losses associated with your injuries. It will not cover things like property damage or replacement vehicles.

As stated, there are very strict time limits involved when making a claim for injuries under the Motor Accident Insurance Act 1994 so it is best to seek legal advice as soon as you can.