Compulsary Third Party Insurance Claims

We can all agree that insurance claims can be complicated. We’re here to make that easy.

Did you know that any person injured in a motor-vehicle accident due to the fault of another vehicle can make a CTP claim?*

what if i was partially at fault?

You may still be entitled to claim! In this instance the amount of compensation you are entitled to may be reduced.

An injured person cannot claim compensation under the legislation if:

  • The injured person was totally at fault
  • Nobody was at fault
  • The person at fault was not the driver or owner of a motor vehicle protected by the CTP insurance policy

The tricky bits

Sometimes when things seem bad, they only get worse. You’ve had an accident and want to make a claim, but the motor vehicle at fault is unregistered, uninsured, or unidentified.

Not to worry, you could still have a valid claim. In this instance an entity known as the ‘Nominal Defendant’ can be enlisted to ensure the already disadvantaged are not disadvantaged further.

nominal defendant

The Nominal Defendant is a Queensland body created under the Motor Accident Insurance Act 1994 (Qld) that acts as a compulsory third party (CTP) insurer where a negligent driver’s motor vehicle is unidentified and/or does not have CTP insurance.

It is important to note, however, that different limitation periods and restrictions are placed on such claims.

in any situation

You, or a loved one, should seek legal advice from a compensation lawyer if involved in a motor vehicle incident. Strict and varying time limitations can often be missed by the everyday citizen, and the amount of compensation you are entitled to can vary greatly depending on the legal representation you obtain.

Let me guess... you don't want a lawyer?

That’s your choice, and that’s okay! But it is risky.

Insurance companies have years of experience. They have tens, if not hundreds of professionals employed. They are quite literally experts at rejecting claims​!

This means you are one of hundreds, maybe thousands, trying to tackle a team of professionals on your own. Even in a successful claim, you are likely to receive less than the full compensation potential. 

It's important to remember

Once you accept an offer from the CTP insurer, there is no second bite. You are stuck with that payout.

It is always recommended you seek legal advise from compensation experts following a motor vehicle accident. They will ensure you accept nothing less than the maximum payout you are entitled to.

They are experts in understanding every aspect of maximum compensation, including:

  • Pain and suffering
  • Past and future economic loss
  • Loss of superannuation for both past and future
  • check
    Medical and rehabilitation expenses for both past and future (this can include any required surgery or medication and travelling expenses to and from medical appointments)
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    Gratuitous care and assistance provided by family or friends as you have been unable to perform your previous household chores and duties (for both past and future) 
  • check
    Commercial assistance you may require (for both past and future)

Protect yourself and your loved ones today – know when to seek legal advice.

Written by Ashley Tulley | Chief Commercial Officer


*in Queensland under the Motor Accident Insurance Act 1994 (QLD)