CTP FAQs

The information on this page is for NIISQ participants who also have a valid Compulsory Third Party (CTP) claim.

If you are injured in a motor vehicle accident in Queensland due to the fault (total or partial) of another driver, vehicle owner or another person insured under a CTP insurance policy you may make a CTP claim under the Motor Accident Insurance Act 1994.

The claim is made against the CTP insurer of the vehicle that caused the accident. You can still make a CTP claim if you were partially at fault, but your compensation may be reduced to the extent you contributed to your own injuries, for example failing to wear a seat belt. This is known as contributory negligence.

To find out more about Queensland’s CTP scheme, please visit the Motor Accident Insurance Commission.

CTP FAQs

• If I am accepted as a NIISQ participant, can I still make a CTP claim?

  Yes. You can still make a CTP claim, even if you are accepted as a NIISQ participant.

  NIISQ preserves the common law rights of participants who are not at fault in a motor vehicle accident, or where their contributory negligence is less than 50 per cent.

  While you are accepted as a NIISQ participant, the necessary and reasonable treatment, care and support related to your accident injuries will be planned and funded under NIISQ. In this case, any settlement paid by the CTP insurer would not include the treatment, care and support component as this is funded under NIISQ.

• Can I ‘opt out’ of NIISQ and pursue a lump sum?

  Only people who meet the preconditions may ‘opt out’ of NIISQ and pursue a lump sum for the treatment, care and support component. These pre-conditions include where the person:

  • is a lifetime NIISQ participant
  • has a valid CTP claim with contributory negligence less than 50 per cent
  • has not been excluded from receiving a lump sum by the Court.

• How does a participant elect to pursue a lump sum?

  A person who is confirmed as a lifetime participant of NIISQ and who also has a valid CTP claim can provide a notice to the CTP insurer and the NIISQ Agency to indicate an intention to pursue a lump sum for damages for future treatment, care and support. This notice is called a preservation notice and can be found here.

• When does the preservation notice need to be given?

  If you start your CTP claim before you have become a lifetime participant of NIISQ, then you should give a preservation notice within 14 days of being accepted as a lifetime participant of NIISQ.

  If you start your CTP claim after you have become a lifetime participant of NIISQ, then you should give a preservation notice within 14 days after the CTP insurer provides a written acknowledgement of your CTP claim.

  Further information about timeframes can be found in the National Injury Insurance Scheme (Queensland) Act 2016.

• Can I pursue a CTP claim and continue to receive treatment, care and support through NIISQ?

  Yes. If you are accepted as a lifetime participant, you will receive funding for the necessary and reasonable treatment, care and support related to your accident injuries under NIISQ for your lifetime. You can choose to remain as a participant of NIISQ and have the treatment, care and support component excluded from your CTP claim.

  However, if you have elected to ‘opt out’ of NIISQ and take a lump sum payment for treatment, care and support, you will no longer receive treatment, care and support through NIISQ.

• If I have made a CTP claim and elected to take a lump sum payment and exit NIISQ, can I choose to come back into NIISQ later?

  The National Injury Insurance Scheme (Queensland) Act 2016  does make a provision for a participant to apply to re-enter NIISQ at least 5 years after receiving a payout of their treatment, care and support from the NIISQ Agency.

  However, it can only be made in the circumstances prescribed by regulation. At this stage, no regulation currently exists to permit this re-entry process.

• I have already finalised a CTP claim and had all of my treatment, care and support damages settled by the CTP insurer. Can I now make an application to participate in NIISQ?

  No. If you have been awarded damages for your treatment, care and support needs under a final judgement of a court or a binding settlement, you are not eligible to participate in NIISQ in relation to your serious personal injury.

  Instead, you can buy into NIISQ under the following circumstances:

  • You would have met eligibility criteria to participate in NIISQ
  • NIISQ Agency decides to accept you as a participant in NIISQ for a period agreed between you and the NIISQ Agency

  If you are accepted as a participant under these circumstances, you must pay the NIISQ Agency a contribution towards your treatment, care and support needs in relation to the serious personal injury. The amount that you must pay is prescribed by regulation. At this stage, no regulation currently exists to permit this buy-in process.

• Where can I find more information?

  Please refer to the National Injury Insurance Scheme (Queensland) Act 2016  for detailed information about the National Injury Insurance Scheme, Queensland.

  To find out more information about the Compulsory Third Party (CTP) scheme in Queensland, visit the Motor Accident Insurance Commission website at: maic.qld.gov.au.