Everyone has the right to make a CTP claim if they are injured in a motor vehicle crash.
However, because we are a fault-based scheme, the investigations that follow will determine if you are ultimately covered or not. No claim is the same and there are many different motor crash scenarios where people might think they are (or should be) protected by motor injury insurance, but aren’t. Under the current scheme, no one can really be sure if they are covered, until driver fault can be determined.
Who is - and is not - covered by motor injury insurance?
Here are some examples of different crash scenarios and who would likely be covered under Queensland’s current CTP scheme.
The following scenarios are special examples of where the degree of injury cover would be determined on a case by case basis:
Where a driver has suffered a medical condition (like a seizure or heart attack) and their vehicle crosses into the oncoming traffic lane, injuring themselves and others, everyone except for the driver who has the heart attack is covered. BUT the question is…to what degree?
It all depends if it can be proven the driver was negligent and at fault. Did the driver know about their condition and decided to drive anyway? Or, were they completely unaware they had a medical condition that would lead to them passing out? If it cannot be proven the driver was at fault, technically under our current scheme, no one would be covered. But this is where the case by case determination comes into play.
In another special scenario, take a motor vehicle crash where a child dashes out onto the road and is hit by a car; the child is only covered for their injury if it can be demonstrated the driver was ‘at fault’. Was the driver doing everything right on the road and the child just ran out unexpectedly? Or, was the driver speeding?