Understanding the Qld CTP Scheme. Why Would I Use a Lawyer to Access Funds?

Apr 14, 2020 | Motor Vehicle Injury

According to the Bureau of Infrastructure, Transport, and Regional Economics (BITRE), there were 1,188 deaths on Australian roads in the 2019 calendar year, an increase of 4.7% compared to 2018.Road accidents are all too common and can occur any time that you are on the road whether you are driving in the CBD, the suburbs or the Australian outback. People who have been involved in a road traffic accident need to be able to lodge an insurance claim quickly to avoid delays in essential medical treatment and rehabilitation.

The claims process is complex, and accidents caused by recklessness or negligence can be a legal minefield. Personal injury lawyers at Trilby Misso Lawyers provide expert legal advice and can help clients to lodge their compensation claim within the specified timeframe. Our experienced lawyers will work with you to ensure that you get the compensation to which you are entitled.

What Is the CTP Scheme?

Queensland operates a fault-based common law Compulsory Third Party (CTP) Scheme that provides protection for motor vehicle owners, drivers and passengers against compensation claims if they injure another person in a road accident. Compulsory Third Party (CTP) insurance is a mandatory requirement in every state in Australia. To register, or renew the registration of a vehicle in Queensland you must have CTP insurance, and your premium is included in your vehicle registration fees. Upon payment of your registration through the Department of Transport and Main Roads (DTMR),  the applicable premium is remitted to your nominated CTP insurer.

CTP insurance provides unlimited liability when the injured person successfully identifies the driver at fault and can prove that the person is guilty of negligence. Those individuals who are found to be partially responsible for the accident may be entitled to a reduced claim.  The CTP Scheme ensures that the injured party receives prompt medical treatment, rehabilitation and timely compensation after an accident.

If the offending motor vehicle was uninsured or unregistered, the injured person might still be able to make a successful claim with the help of a lawyer. You can communicate with the insurer directly and make a claim for CTP insurance independently; however, placing a claim can be a very complicated process, and claimants are advised to seek professional legal advice.

Timeframe to Make a Claim

It is important to remember that QLD CTP legislation has strict guidelines regarding timeframes for lodgement of notice of claim.

Notice of claim must be made:

  • Within twelve weeks of the accident occurring, if the claim is given to the ‘Nominal Defendant’ due to the motor vehicle not being identified.

Otherwise:

  • Within nine months of the accident if the symptoms of injury are not immediately apparent;

or

  • Within one month of engaging a lawyer to manage the claim.

*Claims are generally rejected if lodged outside the timeframes. Timely lodgement of a claim will ensure rapid access to treatment for injuries sustained and rehabilitation if required.

Motor vehicle accidents and catastrophic injuries are traumatic events that can impact every aspect of a persons life, and the death of a person due to a vehicle accident is something that has far-reaching consequences for those left behind. Post-accident, you will need the help of legal experts that are knowledgable and sympathetic to your situation. Save time and effort, and eliminate extra stress by engaging a legal professional to act on your behalf. Individuals who choose not to obtain the help of an accredited specialist in personal injury law may experience significant delays in accessing funds, these delays can be avoided. Our experts at Trilby Misso Lawyers will help you to take the first step towards recovery.

Contact Trilby Misso Lawyers to discuss your claim free of charge.

References

  1. Safety Statistics | Bureau of Infrastructure, Transport and Regional Economics. (2019). Retrieved 21 January 2020, from https://www.bitre.gov.au/statistics/safety
  2. CTP Insurance Qld – MAIC Qld – greenslips.com.au. (2019). Retrieved 20 January 2020, from https://www.greenslips.com.au/ctp-insurance-qld.html

Queensland Government. (2020). The Motor Accident Insurance Commission Annual Report 2018-19. Retrieved from https://maic.qld.gov.au/publications/annual-report-2018-19/