Denning Insurance Law are Brisbane lawyers offering specialist claims management in Queensland Compulsory Third Party (CTP) insurance claims.
We provide advice to individuals involved in car accidents seeking motor vehicle accident compensation.
Denning Insurance Law is one of Queensland’s only insurance law firms founded by a former in-house CTP lawyer.
Principal Kate Denning’s past experience includes working as in-house counsel for Australia’s largest government owned CTP insurer, Victoria’s Transport Accident Commission. Kate has personally resolved hundreds of CTP claims and has extensive hands-on experience in this area.
With a solid background in CTP insurance, Denning Insurance Law provides a high standard of claims management and plain english advice on legal issues.
What is CTP insurance?
CTP insurance is insurance provided to owners and drivers of registered vehicles. In Queensland, there is a fault based scheme and a no-fault scheme. The registration paid by owners of vehicles includes a levy which funds each of these schemes.
In Queensland, if a person is injured ‘by, through or in connection with’ the driving of a motor vehicle, they are entitled to bring a claim against the CTP insurer of the vehicle at fault. A person who suffers a serious personal injury (on or after 1 July 2016) is entitled to submit an application for participation in the National Injury Insurance Scheme – regardless of who was at-fault.
What are the time limits?
Strict time limits apply to claims for personal injury, so it is important for injured individuals to seek advice from a solicitor about their circumstances, as a matter of priority.
In Queensland, an injured person is required to give a Notice of Accident Claim Form to the CTP insurer of the vehicle at fault within the earlier of: nine (9) months of the date of the accident; or, one (1) month of first consulting a lawyer about the possibility of making a claim. A law practice specialising in CTP claims can perform a search to identify the CTP insurer of the other vehicle, if not known.
If a claim is not brought within this period, the Claimant’s obligation to bring a claim continues. Within three (3) years of the date of the accident, the Claimant must commence proceedings in a Court or, seek the permission of the Court to start proceedings or apply to the Court for an Order allowing the Claimant to start proceedings at a later date.
If the vehicle at-fault was unregistered or cannot be identified, the Notice of Accident Claim Form must be given to the Nominal Defendant within three (3) months after the motor accident. This is a strict time limit.
What is the claims process?
Queensland CTP claims are regulated by the Motor Accident Insurance Act 1994 (Qld). The MAIA sets out a number of steps to be taken by parties, before an injured person can start proceedings in a Court. One of the objectives of the MAIA is to facilitate the speedy resolution of claims, without the need for litigation.
Generally speaking the steps undertaken in a CTP claim are:
Within 1 month of a consultation – identification of the CTP insurer, preparation of the Notice of Accident Claim form and service on the CTP insurer at fault.
Within 6 months of the service of the Notice of Accident Claim Form – the CTP insurer investigates the accident and delivers liability response.
The insurer’s liability response may be accompanied by an offer by the insurer to settle the claim.
If liability is admitted, reasonable rehabilitation is managed and paid for by the insurer. In many claims, rehabilitation is paid from the start of the claim, before liability is admitted. In some claims, rehabilitation is paid eventhough liability is denied in whole or in part
The parties gather and exchange medical and other evidence about the claim
On an agreed date, the parties participate in a Compulsory Conference, in a genuine attempt to settle the claim
If a claim cannot be settled at a Compulsory Conference, Claimant may commence proceedings in a Court. From there, the parties undertake additional steps under the Court rules to progress the matter to a trial. It is estimated that less than 10% of CTP claims proceed to trial.
How is a compensation payout calculated?
A Claimant is entitled to seek damages from the CTP insurer that they can demonstrate arose from accident related injuries. There are a number of different ‘heads of damage’ which may be recovered, depending on the claim. Some of these include:
General Damages or Pain, Suffering and Loss of Amenities
Past and Future Economic Loss
Loss of Superannuation Entitlements
Not all of these heads of damage are recoverable in every claim. We provide clients with an assessment of the range of damages. This advice is updated along the way as information and evidence is received which affects that assessment.
Call us on (07) 3067 3025 for advice or representation in a CTP claim or send an online enquiry by completing the form below.