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Motor Accident Insurance Act 1994 – 18 November 2016

Motor Accident Insurance Regulation 2004 – 1 July 2015

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A person must not drive an uninsured motor vehicle on a road or in a public place. A motor vehicle is insured for the purposes of this Act if a person nominates an insurer and pays Compulsory Third-Party (CTP) insurance at the time of vehicle registration/vehicle registration renewal. Note: Details of CTP insurance coverage and exclusions can be found in the Schedule of the Act.

  • Sections 4, 20, 21, 22, 23, 24, Schedule; Regulation 14

If personal injury is caused by, through or in connection with a motor vehicle, and the motor vehicle is uninsured or cannot be identified, the Nominal Defendant (otherwise known as the Motor Accident Insurance Commission) is the statutory insurer. Note: Coverage does not generally extend to a motor vehicle accident occurring outside Queensland.

  • Sections 4, 16, 17, 31, 33

A person who proposes to make a motor vehicle accident claim must ensure notice of the accident has been given to a police officer.

  • Section 34

The driver, person in charge or owner of a motor vehicle involved in an accident out of which personal injury arises must, at the request of the CTP insurer, provide any information about the accident that the insurer may reasonably require (to the insurer) within 1 month.

  • Section 35

A person who receives a claim or demand, or notice of a claim or demand, about personal injury arising out of a motor vehicle accident must, within 1 month after receiving it, give the claim, demand or notice to the CTP insurer.

  • Section 36

Before bringing an action in a court for damages for personal injury arising out of a motor vehicle accident, a claimant must give written notice of the motor vehicle accident claim in the approved form to the insurer or 1 of the insurers, against which the action is to be brought. Note: The notice required is to comply with the requirements of section 37 of the Act. It is important to note that notice is to be given promptly and it is possible that notice is to be given within 1 month. Within 14 days of receiving notice, the insurer is to advise the claimant whether they are prepared (without admitting liability) to meet the reasonable and appropriate cost of the claimant’s rehabilitation. Within 6 months the insurer is to: take reasonable steps to inform itself of the motor vehicle accident, give the claimant written notice stating whether the liability is admitted or denied and inform the claimant whether an offer of settlement is accepted/rejected (where an offer has been made in the notice of claim). If no offer of settlement was made, the insurer is to invite the claimant to make a written offer of settlement. An offer of settlement must be accompanied by medical reports, assessments, etc. A response to an offer of settlement is to be made within 3 months of receipt.

  • Sections 4, 37, 37A, 38, 39, 40, 41, 44, 57; Regulations 3, 17, 18, 19, 20, 21, Schedule 4 of the Regulation

Once liability has been admitted by the insurer in relation to a motor vehicle accident claim, it is the duty of the insurer to make payments to or for the claimant for private hospital, medical and pharmaceutical expenses reasonably and appropriately incurred because of the injury (or a proportionate part in the case of contributory negligence).

  • Section 42; Regulation 22

A claimant has a duty to cooperate with the insurer. The claimant is to provide the insurer with copies of reports and other documentary material (including written statements made by the claimant or by witnesses) in the claimant’s possession about the circumstances of the accident or the claimant’s medical condition or prospects of rehabilitation within 1 month of giving notice of the motor vehicle accident claim to the insurer (or within 1 month after they come into the claimant’s possession). Note: A similar duty is also imposed on the insurer.

  • Sections 45, 47, 48

An insurer and a claimant may jointly arrange for an expert report on the motor vehicle accident or the claimant’s medical condition or prospects of rehabilitation. If the insurer insists on an expert report (where no agreement is reached), the claimant must chose an expert from a list provided by the insurer and is to undergo expert examination with the chosen expert.

  • Sections 46, 46A, 46B

Without admitting liability, an insurer may make rehabilitation services available to a claimant on the insurer’s own initiative or at the claimant’s request. Once liability has been admitted, the insurer must ensure that reasonable and appropriate rehabilitation services are made available to the claimant. If the relevant written notice is provided to the claimant prior to rehabilitation, the assessment of damages may take the cost of rehabilitation into account.

  • Section 51; Regulation 22

Before the claimant brings an action in a court for damages for personal injury arising out of a motor vehicle accident (and after the initial notice requirements under the Act), there is to be a compulsory conference. If both parties agree, the conference may be held with a mediator. At least 7 days before the conference, the parties are to exchange statements, certificates, etc. If the claim is not settled at the compulsory conference, each party must exchange written final offers. The final offer is to remain open for 14 days and proceedings must not be started whilst the offer remains open. If proceedings are started, the claimant/insurer must file a copy of their written final offer with the court. Proceedings should be started within 60 days of the conclusion of the compulsory conference.

  • Sections 51A, 51B, 51C, 52, 52B, 55F; Regulations 27A, 29

Where a motor vehicle accident is attributable to a defect in the motor vehicle, there is legislative provision for the insurer to claim against the manufacturer or a person who carries on a business or repairing motor vehicles if the defect arose from the wrongful/negligent act or omission of the manufacturer/repairer. Note: It is a defence for the manufacturer/repairer to prove that the driver of the motor vehicle drove it with knowledge of the defect and its likely effect.

  • Sections 4, 58
Reason for law

To encourage the speedy resolution of personal injury claims resulting from motor vehicle accidents. (Section 3)

Relevant links

Motor Accident Insurance Commission

Claim Forms

CTP Premium Calculator

Crash data from Queensland roads [Queensland Government Data]

National Injury Insurance Scheme Queensland

Media statement

People in motor vehicle accidents benefit from Queensland’s new National Injury Insurance Scheme [Queensland Government]

Critique

N/A

Advertising

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Disclaimer: The information published on this webpage has been provided free for the benefit of the public and does not act as advice to any individual or other entity. If you require advice relating to your situation, go visit your professional adviser. The author and any third party advertising on this webpage expressly disclaim all liability for loss or damage arising from your use or reliance on the information published at any time on this webpage.

PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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