Compulsory Third Party (CTP) insurance is the mandatory insurance that you pay for when you pay your registration each year. This insurance covers the driver at fault for an accident that results in the death of or injury to another person including passengers, drivers or passengers in other vehicles, motorcyclists, cyclists and pedestrians. It is different to your comprehensive insurance which covers the damage caused to your vehicle.
In Queensland, CTP insurance is currently provided by Suncorp, Allianz and QBE. If the vehicle at fault for the accident does not have insurance or cannot be identified the Nominal Defendant acts as the CTP Insurer. The CTP insurer takes the place of the driver and compensates the individual who suffers personal injuries on their behalf. This can include compensation for pain and suffering, past and future loss of income and superannuation, treatment expenses and in some cases care and assistance.
Once a claim is made against the CTP Insurer, whilst they may contact the driver of the at fault vehicle for information about the cause of the accident, the CTP Insurer is responsible for the claim which means they are responsible for:
- Funding rehabilitation for the injured person;
- Investigating and assessing the claim which may include gathering evidence and obtaining medical reports;
- Negotiating with the injured person or their lawyer to reach a fair and reasonable settlement based on the severity of the injuries and the impact of those injuries on the injured person; and
- Defending legal proceedings brought against the at fault driver.
Therefore, if you are injured in a motor vehicle accident and you were not at fault you don’t need to worry about whether the other driver is financially able to compensate you for your injuries as this will be covered by their CTP insurance or the Nominal Defendant. However, it is often the case that the CTP Insurers:
- do not fund reasonable and appropriate rehabilitation for those who have been injured; and
- fail to offer a person without a lawyer fair compensation for their injuries.
As there are strict time limits that apply to bringing a claim for personal injuries in Queensland you should seek legal advice as soon as possible after an accident. An experienced personal injuries lawyer can assist you to obtain adequate funding for your rehabilitation and ensure you receive fair compensation for your injuries as the decision to accept an offer of compensation from the CTP Insurer is final and cannot be changed at a later date.
If you have been injured in a road traffic accident and would like to discuss your rights or a potential claim with an experienced personal injuries lawyer, please contact us here to arrange a free 30 minute telephone consultation.
