CTP claims in Queensland: who can claim, including if you were partly at fault
A CTP claim is a claim for compensation for an injury caused by a motor vehicle in Queensland, made against the CTP insurer of the vehicle at fault. Someone other than you must be wholly or partly to blame, and if you were partly at fault too, you can usually still claim, but your compensation is reduced.
By Catton Roderick LawyersLast reviewed 12 min read
What is a CTP claim? In Queensland, it is a claim for compensation for an injury caused by a motor vehicle. It is made against the compulsory third party (CTP) insurer of the vehicle that caused the crash. The scheme is fault based: someone other than you must be wholly or partly to blame. If you were partly at fault as well, you can usually still claim, but your compensation is reduced.
This guide covers crashes in Queensland. Other states, including NSW with its Green Slip scheme, have different rules. For a crash outside Queensland or a vehicle registered interstate, see the Motor Accident Insurance Commission’s Can I claim? page.
Every Queensland vehicle registration includes CTP insurance. The policy starts automatically when a vehicle is registered or renewed, with the licensed insurer chosen for it (Motor Accident Insurance Act 1994 (MAIA) s 23(1)). It covers the owner, driver, passenger or other person whose fault injures someone else, anywhere in Australia (MAIA schedule ss 1(1), 2). It pays for injuries, not car repairs, which need separate car insurance that is not compulsory (MAIC, “Can I claim?”).
Who runs the scheme
The Motor Accident Insurance Commission (MAIC) licenses and supervises the insurers (MAIA s 10(1)(a)). It lists the current Queensland CTP insurers and has a tool to find a vehicle’s CTP insurer from its Queensland registration number. The Nominal Defendant is the insurer for a vehicle that was uninsured or cannot be identified (MAIA ss 31(1)(c), (d), 33(1)).
When does Queensland CTP apply? The fault test
CTP applies when a person is injured by the driving of a motor vehicle, a collision or an attempt to avoid one, a vehicle running out of control, or a defect that makes a driver lose control. The injury must also be caused, wholly or partly, by a wrongful act or omission, including negligence, of someone other than the injured person (MAIA ss 4, 5(1)). That is why Queensland CTP is called fault based.
For an uninsured vehicle, the Act applies only to a crash on a road or in a public place. For tractors, forklifts, farm machines and some other listed vehicles, it applies only to a crash on a road (MAIA s 5(2), (3)).
If no one other than you was at fault, such as a crash involving only your own vehicle that nobody else caused, there is generally no CTP claim (MAIA s 5(1)(b); MAIC, “Can I claim?”). A fall on a broken footpath is not a CTP matter either: see injuries from a fall in a public place.
Who can make a CTP claim? A guide by situation
Anyone hurt in a Queensland crash that someone else wholly or partly caused can usually claim, including drivers, passengers, pedestrians, cyclists and motorcyclists. You do not need your own car or CTP policy. The claim is made against the at-fault vehicle’s CTP insurer, which can be the car you were in. If a person dies, their dependants or estate can claim (MAIA s 4).
Each row assumes a driver or other person was wholly or partly at fault, unless the row says otherwise. CLA means the Civil Liability Act 2003.
Your situation
Can you usually make a CTP claim?
Who the claim is against
Law
Driver, and another driver was wholly at fault
Yes
The other vehicle’s CTP insurer
MAIA ss 5(1)(b), 31(1)(a)
Driver, and both drivers were partly at fault
Yes, but reduced by your share of the fault
The other vehicle’s CTP insurer
MAIA s 5(1)(b); Law Reform Act 1995 s 10(1)
Driver, and you were wholly at fault (including a one-car crash you caused)
No, not for your own injuries. NIISQ may fund care for listed serious injuries
Not applicable
MAIA schedule s 1(4); NIIS Act 2016 ss 3(1), 4(1)
Passenger
Yes, if a driver was at fault, including your own driver
The at-fault vehicle’s CTP insurer
MAIA s 5(1)(b); schedule s 2
Passenger aged 16 or over who knew, or should have known, the driver was intoxicated
Yes, but if contributory negligence is alleged, a reduction of at least 25% is presumed: see “Alcohol and drugs” below
That vehicle’s CTP insurer
CLA ss 48, 49
Pedestrian, cyclist or motorcyclist hit by a vehicle
Yes, if the driver was at fault
That vehicle’s CTP insurer
MAIA ss 5(1), 31(1)(a)
Hit by a vehicle that drove off or cannot be identified
Table checked against Queensland law as at September 2026.
Can you claim CTP if you were partly at fault?
Yes, usually. If someone else was also at fault, your claim is not defeated because you were partly to blame. Instead, your compensation is reduced by your share of the responsibility, as agreed with the insurer or decided by a court. This is called contributory negligence (Law Reform Act 1995 s 10(1)). A court can reduce damages by 100%, which ends the claim, if it considers that just and equitable (CLA s 24).
How your share of fault is decided
The test is the one used for the other driver: what a reasonable person in your position would have done to guard against the risk of harm, based on what you knew or ought reasonably to have known at the time (CLA s 23).
The insurer must tell you its view
Within 6 months of receiving a compliant notice of claim, the insurer must say in writing whether it admits liability. If it says you were partly at fault, it must state your share as a percentage (MAIA s 41(1)(b), (3)). If you disagree, the percentage can be negotiated, including at the compulsory conference (MAIA s 51A). If the claim goes to court, the court decides the reduction (Law Reform Act s 10(1)(b)).
Medical costs while fault is shared
Once liability is admitted, the insurer must pay reasonable private hospital, medical and pharmaceutical expenses. If it says you were partly at fault, it pays only the part matching its own share (MAIA s 42(1)).
Alcohol and drugs
If an injured person was intoxicated and the insurer alleges contributory negligence, it is presumed. Unless the person proves the intoxication did not contribute to the crash, or was not self-induced, damages are reduced by at least 25% (CLA s 47). The same applies to a passenger aged 16 or over who relied on a driver they knew, or should have known, was intoxicated (CLA s 48). The minimum is 50% if the injured person was the driver, or that driver’s passenger, and the driver had 150 mg or more of alcohol per 100 mL of blood or could not control the vehicle because of alcohol or a drug (CLA ss 47(5), 49).
If you were wholly at fault
You cannot claim CTP for your own injuries: the policy does not cover loss that comes from your own wrongful act or omission (MAIA schedule s 1(4)(b)). Your passengers can still claim against your vehicle’s CTP insurer (schedule s 2). For a crash at work, see WorkCover claims after an injury at work.
What if you were badly hurt and no one else was at fault? (NIISQ)
The National Injury Insurance Scheme, Queensland (NIISQ) pays for necessary and reasonable treatment, care and support for people who suffer certain serious injuries in a motor accident in Queensland on or after 1 July 2016, “regardless of fault” (NIIS Act ss 3(1), 4(1)). It covers only the injuries listed in the Act, and each has eligibility criteria set by regulation (NIIS Act s 12).
The listed injuries (NIIS Act schedule 1, “serious personal injury”) are:
a permanent spinal cord injury with permanent loss of nerve function
a traumatic brain injury with permanent impairment of thinking, physical or psychosocial function
a forequarter or shoulder disarticulation amputation (at the shoulder)
amputation of a leg through or above the thigh bone (femur)
amputation of more than one limb, or parts of different limbs
a permanent brachial plexus (shoulder nerve) injury with impairment equal to a shoulder amputation
full thickness burns
inhalation burns with permanent breathing impairment
permanent blindness caused by trauma.
NIISQ does not pay for pain and suffering or lost income (NIIS Act s 3). If someone else was at fault, you may also have a CTP claim, but the CTP insurer need not pay for treatment, care and support needs while you are a NIISQ participant (MAIA ss 42(3), 51(3A)). The scheme’s site, niis.qld.gov.au, explains how to apply.
What can you claim on CTP insurance?
A CTP claim is a claim for damages, which means money to compensate for the injury. Depending on the injury, it can include pain and suffering, lost earnings and superannuation, medical and rehabilitation costs, and the value of care from family or friends. The Civil Liability Act 2003 sets rules and limits for most of these.
Pain and suffering (“general damages”), including loss of enjoyment of life and disfigurement (CLA s 51). A court gives the injury an injury scale value from 0 (no award) to 100, and a ministerial notice for the financial year of the injury sets the dollar amounts (CLA ss 61, 62).
Lost earnings, past and future, capped at 3 times average weekly earnings for each week of loss (CLA s 54). They are not paid week by week but are dealt with in settling the claim (MAIC, “What can be claimed”).
Lost superannuation: lost employer contributions, up to the minimum percentage the law requires (CLA s 56).
Care from family or friends: only if the care is necessary, is needed solely because of the injury, and is given for at least 6 hours a week for at least 6 months (CLA s 59(1)).
Medical and rehabilitation costs, which the insurer must pay or provide once it admits liability (MAIA ss 42(1), 51(3)).
Damaged aids: damage to glasses, contact lenses, dentures, hearing aids, crutches, wheelchairs, artificial limbs and prosthetic devices counts as “personal injury” (MAIA s 4).
Why this guide does not give an average
Every claim is valued on its own evidence: the injury, its effect on work and daily life, and any shared fault. Averages online often mix states and injury types, so they cannot tell you what your claim is worth.
How long does a CTP claim take in Queensland?
There is no fixed timeframe. MAIC says Queensland CTP claims usually take 12 to 18 months to settle, ranging from six months for simple claims to two to three years or more for complex injuries. Claims generally settle once liability is decided, the injury is stable and its effect is known (MAIC, “Claim processing and settlement”, updated 20 May 2026). The MAIA sets these steps:
Police. Anyone planning to claim must make sure the crash was reported to police (MAIA s 34(1)). MAIC’s pre-claim checklist explains how to get the police (QP) number the claim form asks for.
Notice of claim. Before any court case, you give the insurer a written notice of claim (MAIA s 37(1)): MAIC’s Notice of Accident Claim Form, with a CTP insurance medical certificate from a doctor. Strict time limits apply, one of them running from when you first consult a lawyer (MAIA s 37(2)): see time limits for CTP and other personal injury claims.
Within 14 days, the insurer says whether your notice complies and whether it will pay reasonable rehabilitation costs without admitting liability (MAIA s 39(1)(a)).
Within 6 months of a compliant notice, the insurer admits or denies liability and states any contributory negligence as a percentage (MAIA s 41(1)).
Offers. The insurer must make a written offer, or accept yours, as soon as practicable. A written offer must generally be answered in writing within 3 months (MAIA s 41(2), (5)).
Compulsory conference. This must be held before court proceedings unless it is dispensed with (MAIA s 51A). If the claim does not settle, both sides exchange written final offers, which stay open for 14 days (s 51C(1), (6)).
Court. Proceedings should generally start within 60 days after the conference, or a longer period agreed or set by the court (MAIA s 51D(1)). A later start can lead to a costs order, and the court can set a deadline that ends the claim if missed (s 51D(4), (5)). The limitation period also applies: see time limits.
Frequently asked questions
The driver at fault was a family member. Can I still claim?
Usually, yes. The CTP insurer, not the driver, runs the negotiations and any court case (MAIA s 44(1)). A court case is generally brought against the driver and the insurer together, but judgment for the injury is given against the insurer, not the driver, except for any exemplary or punitive damages (MAIA s 52(1), (2), (4)).
Does CTP pay for damage to my car?
No. CTP covers personal injury only (MAIA schedule s 1(1)), so car damage is a matter for car insurance. Damage to aids such as glasses, dentures and wheelchairs counts as part of the injury (MAIA s 4).
Do I need a lawyer to make a CTP claim?
No. You can lodge a notice of claim and deal with the insurer yourself (MAIC, “Can I claim?”). If a law practice acts for you, your notice must include a law practice certificate from its supervising principal (MAIA s 37(1)(d)). One notice time limit runs from when you first consult a lawyer: see time limits.
What should I tell the insurance company?
Tell the truth and keep to the facts. You must cooperate with the insurer: give it reports and statements about the crash and your injuries, answer its reasonable requests, and tell it of any significant change in your condition or circumstances, generally within 1 month (MAIA s 45). Knowingly telling an insurer something false or misleading in a material way is an offence (MAIA s 87U(2)).
Is CTP insurance compulsory in Queensland?
Yes. A CTP policy starts automatically when a vehicle is registered or renewed (MAIA s 23(1)). Driving an uninsured vehicle on a road or in a public place is an offence, with a maximum penalty of 80 penalty units (MAIA s 20(1)).
Contact us
To talk to Catton Roderick Lawyers about a personal injury matter, call 1300 673 792 or email info@cattonroderick.com.au. We have offices in Caboolture and Redcliffe, and see clients in Birtinya (Sunshine Coast) and Brisbane by appointment.
Reviewed by: Dr Darren Catton, Principal, Catton Roderick Lawyers
Last reviewed: 27 September 2026
This page is general information about Queensland law as at September 2026. It is not legal advice about your situation. Time limits apply, so please get advice about your own circumstances.
Sources
Law checked on 25 September 2026 against the versions in force on that date.
Catton Roderick Lawyers acts in wills and estates, estate claims, personal injury and commercial law in Queensland. Call 1300 673 792 or send us a message through our contact page.
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