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.
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.
In this guide: What is CTP insurance?; The fault test; Who can claim; Partly at fault; NIISQ; What you can claim; How long it takes; FAQs.
Queensland law as at September 2026.
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?”).
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)).
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.
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 | Yes, if its driver was at fault. A shorter notice time applies: see time limits for CTP and other personal injury claims | The Nominal Defendant | MAIA ss 5(1)(b), 31(1)(d), 33(1), 37(2)(a) |
| Hit by an uninsured vehicle on a road or in a public place | Yes, if its driver was at fault | The Nominal Defendant, or a government that self-insures the vehicle | MAIA ss 4, 5(1)(b), (2), 31(1)(b), (c) |
| Family of a person killed in a crash | Yes, if someone other than the person killed was at fault. Dependants or the estate can claim | The at-fault vehicle’s CTP insurer | MAIA ss 4, 5(1)(b) |
| A child who was injured | Yes. An adult, usually a parent or guardian, claims for the child. Different time limits apply | The at-fault vehicle’s CTP insurer | MAIA s 40; MAIC, “Can I claim?” |
| Injured in a crash while working | You may also have WorkCover rights, and some rules in this guide may not apply. See WorkCover claims after an injury at work | Depends on the facts | CLA s 5(1)(b); MAIA schedule s 3(1) |
Table checked against Queensland law as at September 2026.
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).
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).
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)).
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)).
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).
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.
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:
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.
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.
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.
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:
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)).
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).
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.
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)).
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)).
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.
Law checked on 25 September 2026 against the versions in force on that date.
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