What’s a Compulsory Third Party Insurance Claim?

No Win No Fee Personal Injury Lawyers specialise in motor vehicle accident claims. We are experts in Compulsory Third Party Insurance claims & are Brisbane & Gold Coast Motor Vehicle Accident Claim Lawyers.

No Win No Fee Personal Injury Lawyers Motor Accident Injury Claim Experts Brisbane & Gold Coast

No Win No Fee Personal Injury Lawyers specialise in all areas of personal injury law, including Compulsory Third Party Insurance Claims.

What is a Compulsory Third Party Insurance Claim, or “CTP Claim”, as they are also known? A Compulsory Third Party Insurance Claim, or CTP Claim, is quite simply a claim for compensation for injuries sustained in a motor vehicle accident. In other words, a motor accident injury claim.

The reason we use the term, “Compulsory Third Party Insurance Claim”, is because motor accident injury claims in Queensland, although brought against the at-fault driver, are actually paid for by the Compulsory Third Party Insurer (CTP Insurer) of the at-fault vehicle.

Compulsory Third Party Insurance

Compulsory Third Party Insurance is motor vehicle insurance that insures at-fault drivers against claims for motor accident injury. Under Queensland law, it’s mandatory for all motor vehicles on Queensland roads to be insured for Compulsory Third Party Insurance. It is a compulsory requirement, and hence the title, “Compulsory Third Party Insurance”.

Oddly enough, and despite its compulsory nature, many car owners are unaware they have CTP Insurance attached to their vehicle.  This is most likely because, in Queensland, CTP Insurance is automatically included in your annual motor vehicle registration fees.

Often people confuse CTP Insurance with Comprehensive Motor Vehicle Insurance. However, CTP Insurance is completely separate and distinct from Comprehensive Motor Vehicle Insurance. Whereas CTP Insurance insures against motor accident injury, Comprehensive Motor Vehicle Insurance insures solely against vehicle and property damage resulting from a motor vehicle accident.

Unlike CTP Insurance, Comprehensive Insurance, is not compulsory. A motor vehicle owner can choose not to take out Comprehensive Insurance to cover claims for vehicle & property damage.

Most significantly, the purpose of CTP Insurance is to ensure that all those injured on Queensland’s roads have recourse to compensation for their injuries and any resultant loss and damage sustained as a consequence.

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Brisbane and Gold Cost Personal Injury Lawyers explain Common Law Claims

What is a Common Law Claim?

No Win No Fee Personal Injury Lawyers are experts in personal injury claims, including Common Law Claims. A Common Law Claim is what most of us know as a lawsuit. It is where you sue a party who has wrongfully or negligently caused you to suffer injury, to obtain compensation for your injury and any resulting loss and damage. Examples of this are where you sue an at-fault driver for injuries you suffer in a car accident, or suing a Shopping Centre for injuries sustained because of unsafe premises.

The Difference Between a Common Law Claim and a Statutory Claim

Common Law claims are claims you have at Common Law.  “Common Law” is law that has developed over many years of judicial decisions (Court decisions). It is to be distinguished from “statutory law”, which is law enacted by legislation or statute. Rights or entitlements we have at Common Law can only be altered by legislation specifically restricting or adding to them.

A good example of this is in the case of work injury claims in Queensland. When a worker in Queensland is injured at work, on their way to or from work or during a work break, they have a right to bring a workers’ compensation claim. A worker’s right to workers’ compensation is not a Common Law right. It is a right provided by way of legislation or statute, more specifically, the Workers’ Compensation & Rehabilitation Act 2003. Hence, often workers’ compensation claims are referred to as “statutory claims”.

Common Law Claims For Damages for Work Injury

But workers in Queensland also have another right to claim compensation when injured at work. This secondary claim is their Common Law right to claim damages, and hence is called a Common Law Claim for Damages. It is where the injured worker brings a legal claim, or law suit, against their employer, to obtain lump sum compensation for their work injury and any resulting loss and damage caused by their injury.

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Cruise and motor accident personal injury claims in Qld tell No Win No Fee Personal Injury Lawyers

Tom Cruise – Risky Business for Personal Injury Claims

Did you know that in the late 1990s, when Tom Cruise was scheduled to come to Queensland to make his movie Mission Impossible II, this influenced personal injury law in Queensland & in particular, motor accident claims?  Well it actually did.

In the new noughties, legislators were working on Queensland’s new Motor Accident Insurance Scheme for those injured on our roads.  The Scheme is known by most of us as Compulsory Third Party Insurance, or CTP Insurance. CTP Insurance is compulsory for all motor vehicles driven in Queensland, and Australia.  This insurance provides those who are injured on our roads, due to the fault of another, with compensation for the injuries they sustain, as well as for any resultant loss and damage they suffer because of your injuries.

The legislators were concerned that Cruise, who was at the time earning around $20million a movie, might be injured in a motor vehicle accident whilst visiting Queensland, and if he was unable to continue his acting career because of his injuries, would have an enormous motor accident claim that could send the Motor Accident Scheme in Queensland into meltdown.Continue reading