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Last updated on August 9th, 2022 at 10:48 am

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.

How CTP works in QLD

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.

What if it was no one’s fault?

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.

I’ve been injured due to a car accident – can a CTP claim in QLD help me?

Although some people do not require any treatment for their injuries following an accident, it’s fairly common for people to receive some form of treatment from a doctor or physiotherapist in order to speed up or assist their recovery. If you’re injured in an accident, then rehabilitation can play a crucial role in helping you recover to full fitness or stop your injuries from lessening your quality of life.

You should see a doctor as soon as possible following your accident, as rehabilitation is most effective when the process begins shortly after the injury is sustained. All of the injuries you have sustained should be listed as part of your car accident injury claim.

Who pays for rehabilitation and treatment expenses?

Providing they accept liability, the CTP insurer will pay for your rehabilitation and treatment expenses. However, you should obtain approval for the use of rehabilitation services for any car accident claims before you begin treatment.

If your vehicle accident claims are ongoing and liability hasn’t yet been accepted, then you can pay for your own rehabilitation costs and ask for these to be reimbursed at a later date. However, there is no guarantee that you will be reimbursed for the ongoing cost of treatment if the insurer hasn’t given prior approval.

Organising rehabilitation and treatment for a car accident injury

There are two ways that you can organise any rehabilitation or treatment required with the insurer after you have submitted any relevant CTP claims in QLD or car accident claims: either they can contact you, or you can contact them.

The information that you provide on your claim form and medical certificate will inform the insurer whether rehabilitation is required to help you recover from the injuries you have sustained. If the insurer sees this information as part of the motor vehicle accident claims documents you’ve submitted, then they may contact you directly to discuss your rehabilitation.

However, if either you or your doctor think that you require rehabilitation, then you can either call or write to the insurer directly, requesting that they pay for the rehabilitation service. If you have a car accident lawyer acting on your behalf, then they can also do this for you. Alternatively, you can also ask your treatment provider to contact the insurer and request that they fund your rehabilitation.

Whichever way you and the insurer come to an agreement or contact each other, the insurer will ask to see rehabilitation recommendations in writing. This can either come in the form of a letter from your doctor or a treatment plan used by physiotherapists and psychologists.

What will the CTP Insurer Pay For?

If the insurer accepts liability for your car accident claim, then the insurer will pay for any treatment expenses, as long as they are:

• Reasonable and appropriate (your doctor can advise you of this)
• Directly related to injuries from the accident
• Verifiable via bills and receipts that can be handed to the insurer upon request

What if liability is denied by my insurer?

If liability is denied by the insurer, then you are responsible for all of your own treatment and rehabilitation expenses. During this time, you may be able to claim some of the costs via Medicare, private health insurance or personal injury insurance, depending on your circumstances.

If you disagree with the decision of the insurer to not accept liability, you can ask the insurer to refer your claim to their internal dispute resolution service. If the decision is then overturned, you will be reimbursed for any costs.

If your dispute with the insurer cannot be satisfactorily resolved, then a mediator may be appointed. However, both parties must consent to this. If negotiation and mediation both do not work, then either you or the insurer can apply directly to the court to decide on your motor vehicle accident claims.

If you have any questions with respect to a CTP claim in QLD, please do not hesitate to contact us.