If you own a motorcycle that is used or is intended to be used on public roads in Australia, you are required to take out insurance against liability for the death or personal injury of others arising out of an accident. The relevant Queensland legislation is the Motor Accident Insurance Act 1994 (Qld) (MAI Act). This article will outline CTP insurance, conditional registration and and answer some frequently asked motor vehicle questions.

 

What is CTP insurance?

Compulsory Third Party Insurance (‘CTP insurance’):

• is compulsory for all drivers in Queensland;
• is attached to the registration of your motorcycle;
• provides protection if you, or any person who drives your motorcycle, is the at-fault driver in an accident;
• covers you, or any person who drives your motorcycle, against compensation claims made by people that have been injured.

All motorcycles driven on Queensland roads must be registered and have CTP insurance.

 

CTP Insurance in Queensland

The Queensland you have the option of choosing one of the following CTP insurance providers:

• Allianz Australia Insurance Limited;
• QBE Insurance (Australia) Limited;
• RACQ Insurance Limited; and
• Suncorp Group Limited

 

Other Insurance

CTP insurance does not cover any damage to your motorcycle following an accident.
To cover against damage to your motorcycle you would need to purchase a motorcycle insurance policy such as:

Comprehensive motorcycle insurance will cover you:

• if your motorcycle is accidentally damaged, stolen or burnt;
• for your liability to pay compensation for loss or damage to someone else’s property as a result of an accident.

Third Party Fire & Theft insurance will cover you:

• If your motorcycle is damaged by fire or stolen;
• for your liability to pay compensation for loss or damage to someone else’s property as a result of an accident.

Third Party Liability insurance will cover you:

• for your liability to pay compensation for loss or damage to someone else’s property as a result of an accident.

Dirt Bike Cover will cover:

• unregistered or registered for recreational use Motorcycles only. This will cover you for fire, theft and 50% of the market value of your Motorcycle for accidental damage.

 

What is Conditional Registration?

Conditional registration is registration for non-standard motorcycles that only need limited access to be driven on a road including:

• off-road bikes
• trike’s; and
• quad bikes.

Conditional registration:

• gives you limited access to Queensland roads;
• gives you the protection of CTP insurance in the event of a crash occurring on a road causing personal injury
• determines the conditions for use to ensure safe operation of the motorcycle while on a road;
• when a motorcycle is to be used for recreational purposes, it is recommended that access approval to ride on private property be obtained from the land/road owner as well as the Queensland Police Service before applying for registration. The motorcycle will not be able to be used unless the access approvals are held.

 

Do I need Conditional Registration?

In Queensland it is illegal to drive a non-standard motorcycle on a road without conditional registration.

If you don’t have conditional registration and you are found operating your motorcycle on a road you may be fined.

If the motorcycle is involved in a crash, you may not be covered by insurance.

If a non-standard motorcycle is not being driven on a road (see following definition of a road), and is only used on private property, then it may not need conditional registration.

Definition of a Road

The definition of a road under Queensland law includes areas such as:

• shopping centre car parks;
• railway crossings;
• areas open to the public for use as a road; and
• road-related areas including areas that are part of a road such as footpaths and nature strips.

If you are unsure whether an area you are operating your motorcycle is considered a road you should obtain legal advice.

 

What roads can be accessed with Conditional Registration?

There are 3 categories of road access allowable under conditional registration:

• limited access registration: motorcycles are predominantly restricted to worksites and designated areas
• zone access registration: motorcycles can travel on road for distances of 20km, 40km or 80km, depending on their areas of operation in Queensland.
• unrestricted access registration: appropriate motorcycles will be allowed unlimited access but may still have conditions that apply to the time of operation.

 

Frequently Asked Questions about Motorcycle Accidents in Queensland

 

Q: What are the most common causes of motorcycle accidents?

A: The most common causes of most common causes of motorcycle accidents are due to minor mistakes such as distraction, fatigue or being slightly above the speed limit.

Q: If I am injured in a motorcycle accident, how do I find out who the CTP Insurer of the at-fault driver is?

A: Completing a registration search of the registration number of the at-fault driver will state whether the at-fault driver is insured and who the CTP insurer is.

Q: If I am injured in a motorcycle accident, how long do I have to make a claim in Queensland?

A: There are strict time limits associated with bringing a common law claim for damages in Queensland. The general time limit is three (3) years from the date of the accident. This means that you must commence court proceedings prior to the expiry of the three (3) year limitation date.  In addition to this, you must give the CTP insurer of the at-fault driver, a notice of accident claim form within one (1) month of consulting a lawyer about the claim, or within nine (9) months from the date of accident occurring, whichever date comes first.  If you do not give the insurer a notice of accident claim form within these time frames you will be required to provide a reasonable excuse for delay in lodging your claim late.

Q: How long do I have to make a motorcycle property damage claim in Queensland?

A: You must lodge a property damage claim in Queensland within six (6) years of the accident occurring.

Q: If I am injured in a motorcycle accident caused by myself can I still make a claim?

A: You will only be eligible to make a claim for compensation if another person caused the accident and your injuries.  If your injuries are serious you may be eligible to make a claim through the National Injury Insurance Scheme.  If your injuries are preventing you from returning to work, you may have entitlements under your superannuation policy such as total permanent disability (TPD) entitlements or income protection benefits.

Q: What if I am injured in a motorcycle accident on my way to or from work?

A: If you are injured in a motorcycle accident on your way to or from work, you may be able to make a claim against the CTP insurer of the at-fault driver.  If you were to blame for the accident you will not be eligible to make a CTP claim.  Regardless of whether the accident was caused by you or another person you can pursue a WorkCover statutory benefits claim against your employer’s workers’ compensation insurer.

Q: What will WorkCover pay for if I am injured in a motorcycle accident on my way to or from work?

A: If your WorkCover statutory claim is accepted you may be entitled to lost wages, medical treatment costs (e.g. doctor consultations, medication, x-rays), hospital costs, rehabilitation costs (e.g. physiotherapy, return to work programs), travelling expenses, lump sum payment for permanent impairment, death benefits and funeral expenses.

 

How can Evolve Legal help me?

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