In Queensland, the government has enacted legislation regarding injury claims arising from motor vehicle accidents.
The legislation creates compulsory third party insurance (CTP) which all registered owners of vehicles are required to take out as part of their registration. This CTP scheme is heavily regulated to ensure the community is protected.
Queenslanders are protected under the CTP scheme, in particular in relation to the following matters:-
- just over half of every dollar paid in premiums is returned to customers who are injured and have made claims;
- recovery and early return to work provisions allow the insurers to assist injured people in their recoveries;
- the scheme is designed to ensure that injured persons receive a fair and reasonable amount of compensation and are provided with treatment in a timely manner to assist in their recovery.
The scheme works on a common law fault basis in Queensland. This means that if a person suffers an injury, they must be able to establish negligence against the owner or driver of the motor vehicle to claim compensation.
The current scheme covers both catastrophic claims as well as minor claims, including the full range in between. It is currently well run and is one of the most efficient in the country.
In other jurisdictions where a no-fault scheme has been brought in, it has shown to be both overbearing and creates pressures on both government and individuals. Although it may be a cost-saving exercise in the initial set-up of the scheme, the overall burden is left to taxpayers and the government to continue to fund – particular those who suffer serious or catastrophic injuries.
No-fault schemes also sometimes restrict individuals’ access to common law rights. This means that people lose their rights to take action against other drivers who are at fault due to their negligence and thereby individuals cannot recover damages for injuries sustained.
In those circumstances it would be unfair and unjust, in our view, to create a scheme which limits an individual’s right to recover damages for losses suffered as a result of someone’s negligence.
If you have any questions with respect to a CTP claim, please do not hesitate to contact our office.